Cliffs Burns Harbor, Cleveland-Cliffs, has agreed to settle alleged violations under the Clean Water Act and other laws for the August 2019 discharge of ammonia-laden wastewater into East Branch of Little Calumet River. The discharge resulted in fish kills and caused beach closures along Indiana Dunes National Lakeshore. Cleveland-Cliffs is taking significant steps to improve the wastewater system at its steel manufacturing facility in Burns Harbor and finishing plant in Burns Harbor, Indiana.
The settlement settlement complaint alleges that Cleveland-Cliffs exceeded the discharge pollution limits for cyanide and nitrate; failed to properly disclose those cyanide and monia releases under the Emergency Planning and Community Right-to-Know Acts (EPCRA) and the Comprehensive Environmental Response, Compensation and Liability Acts (CERCLA); and violated other Clean Water Act and permit terms.
Today’s settlement with Cleveland Cliffs is appropriate and punishes the company for its serious violations. The company must take extensive actions to prevent further pollution, stated Assistant Attorney-General Todd Kim for Justice Departments Environment and Natural Resources Division. The Lake Michigan will be cleaner thanks to the ammonia and Cyanide reductions. Public will also be informed about any future spillages.
EPA and its partner agencies worked together to create a comprehensive solution that will support the enjoyment of Lake Michigan and Indiana’s waterways and also implement necessary measures to prevent future accidents. Larry Starfield, Acting Administrator for Environmental Protection Agency, stated that this solution was developed by EPA’s Office of Enforcement and Compliance Assurance. Today’s settlement demonstrates that EPA is committed in protecting our natural resources from pollution.
Hoosiers support a legal environment in Indiana that promotes thriving businesses as well as protects the natural environment. This is according to Todd Rokita, Indiana Attorney General. I am pleased to see that this case was resolved in a way that upholds the rule and makes commitments to physical upgrades that will benefit all parties.
I am grateful to the federal and community partners that helped me reach this settlement, stated Brian Rockensuess (Idaho Department of Environmental Management) Commissioner. The consent decree will provide additional protections to the local community and Lake Michigan, and will go a long ways in improving the health and environment of Northwest Indiana.
The consent decree, which was filed today in federal court in the Northern District of Indiana, imposes that Cleveland-Cliffs pay $3 million as a civil penalty, and reimburse the EPA, the State of Indiana, for the response costs incurred due to an August 2019 discharge of wastewater containing ammonia or cyanide into a river flowing into Lake Michigan. The facility’s water pollution levels will be greatly reduced by a new ammonia treatment system, and cyanide treatment requirements.
Cleveland-Cliffs will also resolve claims under CERCLA, EPCRA, and CERCLA by implementing protocols to notify the relevant state agencies and local groups about any future spillages from its Burns Harbor facility.
In August 2019, the blast furnace closed-loop water scrubber water recycle system of the facility failed. Cleveland-Cliffs was forced to draw large volumes of Lake Michigan water into the facility outfalls and discharge it, but not to recycle the water. The wastewater treatment system at Cleveland-Cliffs is not designed to handle large volumes of water. As such, discharges from the facility outfalls contained high levels of untreated ammonia-nitrogen and cyanide. Untreated water was discharged into the Little Calumet River, causing a fish kill.
Cleveland-Cliffs failed, as required under CERCLA/EPCRA, to promptly notify the authorities and provide emergency reports after release.
EPA and IDEM responded to the area of the discharges. The incident resulted in several local beaches being closed along the Indiana Dunes National Lakeshore. Further inspections of this facility by EPA and Indiana Department of Environmental Management found additional violations of the facility’s NPDES permit.
In December 2019, the Environmental Law and Policy Center and Hoosier Environmental Council filed a citizen lawsuit against Cleveland-Cliffs over alleged violations under the Clean Water Act. HEC and ELPC signed the consent decree which will settle their ongoing citizen suit.
Cleveland-Cliffs has agreed to operate and construct a new ammonia-treatment system at its blast furnaces. It will also implement a new process for managing and treating once-through waters in emergency situations. The facility will also be subject to increased preventive maintenance, operation, sampling, and sampling requirements. These measures are intended to correct conditions at the facility that caused the August 2019 incident. They also ensure compliance with state laws and the CWA.
Cleveland-Cliffs has also agreed two state-administered Environmentally Beneficial Projects. (1) A transfer of 127 acres adjacent to the Indiana National Lakeshore, to a land trust to conserve; (2) Background sampling on the East Branch and Lake Michigan.
Cleveland-Cliffs and Indiana will each be reimbursed for their total cleanup costs of $10,025.37 under the agreement.
After notification in the Federal Register and final approval by court, today’s settlement was filed with the U.S. District Court, Northern District of Indiana. To view the consent decree or to submit a comment, visit the departments website at: https://www.justice.gov/enrd/consent-decrees.
