DEPARTMENT or LAW
CITY OF CHICAGO
November 20, 2017

BY CERTIFIED MAIL

United States Steel Corporation Corporation Services Company
Corporate Headquarters 135 North Street
600 Grant Street Suite 1610

Pittsburgh, PA 15219 Indianapolis, IN 46204

US. Steel Corporation Midwest Plant
One North Broadway Mail Station 70
Gary, IN 46402

RE: Notice of Intent to Sue for Violations of the Clean Water Act
To Whom It May Concern:

I write on behalf of the City of Chicago (?City?) whose crucial interests in Lake
Michigan, a vital economic engine for the City, a beloved source of recreation for the City?s
residents and guests, and the City?s aesthetic heart and soul, have been adversely affected by the
repeated, unlawful discharges of pollutants emanating from the US. Steel Corporation 
Steel?) Midwest Plant in Portage, Indiana (?Facility?). The Facility discharges its wastewater
into the Burns Waterway, a small industrial ditch which empties directly into Lake Michigan.

The discharges of chromium from the Facility that occurred on April 10 and April 11,
2017 are of foremost and continuing concern to the City. On April 18, 2017, the City served a
request for public records upon the Indiana Department of Environmental Management 
pursuant to the Indiana Public Records Act, requesting information pertinent to these discharges.
To date, IDEM has not provided any substantive response to the City?s request. (The City?s
Public Records Act request is attached hereto as Exhibit A.)

IDEM issued National Pollutant Discharge Elimination System permit No.
IN 0000337 to the US. Steel Corporation Midwest Plant. The permit establishes ef?uent limits
for wastewater discharges from the facility, provides qualitative standards for the character of
discharges, requires regular monitoring of discharges, and establishes maintenance standards for
the facility. Any discharges in excess of these limitations or standards constitute violations of
Sections 301(a) and 402(2) of the Clean Water Act, 33 U.S.C. 1311(a) and 1342(a). Section
505(a) of the Clean Water Act empowers citizens to bring suit to enforce all conditions of a
NPDES permit. 33 U.S.C. 1365(a). The violations referenced in this notice letter include

121 NORTH CHICAGO, ILLINOIS 60602

violations of Permit No. IN0000337, dated January 31, 2011, as well as an updated version of
that Permit, which became effective on March 30, 2016.

Based on publicly available discharge monitoring reports and other publicly available
information, the City has reason to believe that U.S. Steel has repeatedly violated, and will
continue to violate, 301(a) and 402(a) of the federal Clean Water Act and NPDES permit No.
1N0000337. The U.S. Steel Corporation Midwest Plant has routinely violated the conditions
of its permit, in terms of both discharge limits and facility maintenance.

The violations upon which this notice letter is based are set forth in detail in Sections 1.
and II. (pages 2 through 11) of a Notice of Intent letter prepared and submitted by the University
of Chicago Abrams Environmental Law Clinic on behalf of Surfrider, Inc., dated November 13,
2017 (?Surfrider A copy of the Surfrider N01 is attached hereto as Exhibit B. The City
adopts and incorporates herein by reference, Sections 1. and II. of the Sur??ider NOI, pages 2
through 11.

Further, utmost among the City?s concerns are the chromium discharge violations
reported on page 2 of the Surfrider NOI, which provides in pertinent part:

Most egregiously, on April 10 and 11, 2017, according to IDEM reports, poor
facility maintenance allowed for the illegal discharge of approximately 350 pounds
of total chromium?over 10 times the daily maximum limit for total chromium?a
discharge comprised predominantly of nearly 300 pounds of hexavalent
chromium?hundreds of times more than the daily maximum limit for hexavalent
chromium. This incident led to closures of public drinking water intakes and public
beaches, including the Indiana Dunes National Lakeshore, Further, the Midwest
Plant has violated its permit limits regarding chromium discharges within the past
month. According to an October 31, 2017 letter from U.S. Steel to IDEM, during a
24-hour period extending from October 25 to October 26, 2017, the total chromium
loading from Outfall 304 was 56.7 lbs/ day, approximately twice the daily maximum
limit.

This letter constitutes the City?s notice of intent to ?le a federal enforcement action under
the authority of the Clean Water Act citizen-suit provision, 33 U.S.C. 1365(a), to secure
appropriate relief for these violations.

This notice letter is based on publicly available information. Additional information,
including information in U.S. Steel?s possession, may reveal additional violations. This letter
addresses publicly identifiable violations occurring within ?ve years immediately preceding the
date of this notice letter. The City hereby expressly reserves, and is not waiving, any of its rights
and remedies in law or equity.

Sincerely,

  

EDWARD N. SISKEL
Corporation Counsel, City of Chicago

cc: Scott Pruitt, Administrator
US. Environmental Protection Agency
Mail Code 1101A
1200 Ave. NW.
Washington, DC 20460

Bruno L. Pigott, Commissioner
IDEM Central Of?ce

Indiana Government Center North
100 North Senate Avenue
Indianapolis, IN 46204

Robert Kaplan, Acting Regional Administrator
US. Environmental Protection Agency, Region 5
77 W. Jackson Blvd.

Chicago, IL 60604

Curtis T. Hill, Indiana Attorney General
Of?ce of the Indiana Attorney General
Indiana Government Center South

302 W. Washington St., 5th Floor
Indianapolis, IN 46204

With a copy for informational purposes to:

Lisa Madigan, Illinois Attorney General
Of?ce of the Illinois Attorney General
100 W. Randolph St.

Chicago, IL 60601