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Judge approves deal for Indiana steelmaker to pay $3 million over 2019 fish kill

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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.

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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.

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“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.

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