September 24, 2024 at 3:52 p.m.

Dunkirk council takes action on chlorides

Ordinance imposes limits; officials say fines won’t be first resort


DUNKIRK — New regulations for chlorides entering the city’s wastewater system are in place.

Dunkirk City Council on Monday approved an ordinance that sets the limit for chlorides at 221 milligrams per liter.

Council members discussed the proposed ordinance at their Oct. 9 meeting, at that time deciding to table it to allow more review.

City attorney Wes Schemenaur presented the ordinance that sets the limit at 221 milligrams per liter again Monday. There is currently no limit imposed by city ordinance.

Schemenaur noted that another section of the ordinance that would have decreased the limit for grease, fats and oils to 25 milligrams per liter, down from the current 100, was removed at the request of wastewater superintendent Steven Gillette.

The ordinance also sets up a fine schedule.

Lisa McIntire, assistant superintendent of the city’s wastewater treatment department, explained that the city has been regularly over its limit of 340 milligrams per liter of chlorides coming into the plant, leading to Indiana Department of Environmental Management (IDEM) pushing for the issue to be addressed by ordinance.

Dunkirk city officials discussed the proposed ordinance with plant manager Aaron Wine and vice president of environmental compliance Richard Tomicek of Ardagh — the city’s largest water user — as they had at their last meeting. Ardagh had sent an email to Mayor Jack Robbins regarding the proposal and he had forwarded it to council members.

Tomicek said again Monday that the company is working on the issue and asked that the city consider bumping up the limit in the ordinance.

Robbins responded that the city has been trying to get the issue addressed for a year and has seen the chloride numbers from Ardagh go up rather than down. He asked Gillette where those numbers have fallen, with the superintendent responding that they average in the 600 to 700 milligram range and have been as high as 1,300. (Wine pointed out that the city’s 340 milligram limit is an overall concentration rather than a cumulative total.)

Schemenaur pointed out that fines — the ordinance allows up to $1,000 per day for an administrative fine, no more than $2,500 total for the first violation and up to $7,500 per day for subsequent violations — are not intended to be the first step. He said there are other options, including a “consent order” that would detail the ways in which Ardagh is working on addressing the issue and set up a timeline for that process.

The mayor and wastewater department staff agreed that they would prefer fines to be a last resort.

“We’re not here to put anybody out of business,” said Robbins. “We’re not here to see how much money we can get off of you. That’s not our purpose.”

Wine explained that the company has been waiting for several months for 13 new water softeners to be delivered. He asked that the city consider a limit in the 300 to 325 range.

Gillette noted that the 221 milligram limit in the ordinance was reached in consultation with IDEM. He and others expressed concern that if the city does not take some action, the result will be fines from the state agency.

“It’s the end,” said McIntire. “We are at the end of them waiting.”

Council member Dan Watson, who served one term as mayor, said he feels both the chloride issue and the oil issue need to be addressed. He said Ardagh plans need to be in writing to allow for accountability.

“I think we need to level out the playing field here and make sure everybody is trying their best,” said Robbins.

Council members Jesse Bivens, Christy Curts, Randy Murphy, Donna Revolt and Watson unanimously approved the ordinance, which goes into effect immediately.

Wine and Tomicek said their staff will be in contact with the city this week in order to set up meetings to address the chloride issue.

Also Monday, Robbins informed council that there is $50 million available for safety initiatives via an Indiana Department of Transportation program. He said he’d like to pursue grant funding for new lighted truck route signs through the city, signs near West Jay Elementary School and Dunkirk City Park, and a light at the fire station and Jay Emergency Medical Service base on county road 400 South.

The grants are on a 90/10 matching basis.

Council approved the grant application, which will be handled by Jay County Development Corporation. The deadline is Oct. 11.

In other business, council members:

•Received an updated version of the proposed 2025 budget. It is scheduled for a public hearing Oct. 14 followed by a vote on adoption Oct. 28.

•Heard from Bivens that the city will be flushing fire hydrants during the week of Oct. 7 through 11.

•Learned from Robbins that installation of equipment for recording and livestreaming meetings will begin soon. (The council had already approved $26,550 for the equipment and installation and will be half of that total to get the job started.) Livestreaming and recording of meetings will be required by state law beginning July 1.

•Heard from Revolt that a new cornhole court was installed near the enclosed shelter house at Dunkirk City Park. Parks staff is also in the process of winterizing Dunkirk City Pool.

•Approved the following: purchase and installation of a new bearing at the wastewater treatment plant; payment of claims totaling $233,154.63; and cancellation of warrants totaling $83.15.

•Heard from Robbins that the annual turkey drop in the city will be held at 10 a.m. Saturday, Nov. 16, in the MJS Mortuaries parking lot across from Pizza King.

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