Post-Tribune

Judge OKs deal in 2019 fish kill

Steelmaker to pay $3M to cover chemical spill

- By Meredith Colias-Pete

A federal judge approved an already reached deal for an Indiana steelmaker to pay $3 million and upgrade equipment over a 2019 chemical spill that killed 3,000 fish.

U.S. District Court Judge Philip Simon accepted the consent decree on May 6 that also calls for Cleveland-Cliffs to donate 127 acres of land to become part of the Indiana Dunes National Park.

Days after a slew of dead fish emerged, company officials from ArcelorMit­tal — which then owned the Burns Harbor steel mill — admitted that a plant malfunctio­n on Aug. 11, 2019, caused cyanide and ammonia to spill into Burns Waterway, a Lake Michigan tributary.

The delay angered local communitie­s and public officials in Indiana and Chicago. Local beaches were closed and an Ogden Dunes water treatment plant was idled for days as a precaution.

“This is a big victory for protecting Lake Michigan, safe clean water, and Northwest Indiana communitie­s,” Chicago-based Environmen­tal Law & Policy Center Executive Director Howard Learner said in a release. “The consent decree holds Cleveland-Cliffs accountabl­e for its excessive pollution and Clean Water Act permit violations, and it underscore­s the value of citizen enforcemen­t lawsuits.”

Learner’s group and Indianapol­is-based Hoosier Environmen­tal Council were plaintiffs in the citizen lawsuit under the federal Clean Water Act that led to the settlement with Cleveland Cliffs, the EPA and Indiana Department of Environmen­tal Management.

Cleveland Cliffs was committed to the deal to protect the environmen­t, spokeswoma­n Patricia Persico said previously.

“Environmen­tal stewardshi­p is one of Cleveland-Cliffs’ core values and an essential element of the Company’s business strategy,” she said.

“The Company recognizes that all aspects of steelmakin­g must be accomplish­ed in a responsibl­e manner that minimizes impacts on the environmen­t.”

The agreement calls for the $3 million to be split between the federal and state government. The steelmaker is required to upgrade equipment to prevent future cyanide and ammonia spills and up its water monitoring in summer 2022 and 2023. It would also set up “improved” public notificati­on plans to avoid the delay seen in 2019.

The 127 acres of donated land is next to the national park located north of North Boo Road and west of Indiana 149 in Burns Harbor — a mix of woodlands and former farm land — to the Shirley Heinze Land Trust for restoratio­n purposes. An environmen­tal assessment would be conducted first before it’s given to the Indiana Dunes, according to the agreement.

 ?? ZBIGNIEW BZDAK/CHICAGO TRIBUNE ?? Mark Mason, left, and Ben Macuga, biology researcher­s from Indiana University Northwest, take water samples from Burns Ditch at the Portage Lakefront and Riverwalk. A chemical spill has closed the beach.
ZBIGNIEW BZDAK/CHICAGO TRIBUNE Mark Mason, left, and Ben Macuga, biology researcher­s from Indiana University Northwest, take water samples from Burns Ditch at the Portage Lakefront and Riverwalk. A chemical spill has closed the beach.

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