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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
__________________________________________
)
UNITED STATES OF AMERICA
)
and the STATE OF INDIANA,
)
)
Plaintiffs,
)
)
v.
)
)
UNITED STATES STEEL CORPORATION,
)
)
Defendant.
)
_________________________________________ )

Case No.
Judge

CONSENT DECREE

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TABLE OF CONTENTS
I.

BACKGROUND .............................................................................................................. 1

II.

OBJECTIVES .................................................................................................................. 4

III.

JURISDICTION AND VENUE ...................................................................................... 4

IV.

APPLICABILITY ............................................................................................................ 5

V.

DEFINITIONS ................................................................................................................. 6

VI.

COMPLIANCE REQUIREMENTS ............................................................................ 12

VII.

REVIEW AND APPROVAL OF SUBMITTALS ...................................................... 17

VIII.

REPORTING REQUIREMENTS ............................................................................... 19

IX.

PAYMENT OF NOAA COSTS .................................................................................... 23

X.

PAYMENT OF SURPA RESPONSE COSTS AND DAMAGES ............................. 24

XI.

PAYMENT OF EPA RESPONSE COSTS ................................................................. 25

XII.

CIVIL PENALTY .......................................................................................................... 26

XIII.

STIPULATED PENALTIES ........................................................................................ 28

XIV.

FORCE MAJEURE ....................................................................................................... 31

XV.

DISPUTE RESOLUTION............................................................................................. 34

XVI.

INFORMATION COLLECTION AND RETENTION ............................................. 34

XVII.

EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS ................................. 39

XVIII.

COSTS ............................................................................................................................ 41

XIX.

NOTICES........................................................................................................................ 41

XX.

RETENTION OF JURISDICTION ............................................................................. 44

XXI.

MODIFICATION .......................................................................................................... 44

XXII.

TERMINATION ............................................................................................................ 44

XXIII.

PUBLIC PARTICIPATION ......................................................................................... 45

XXIV.

SIGNATORIES / SERVICE ......................................................................................... 46

XXV.

INTEGRATION............................................................................................................. 46

XXVI.

APPENDICIES .............................................................................................................. 46

XXVII. FINAL JUDGMENT ..................................................................................................... 47

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I. BACKGROUND
WHEREAS, the United States of America (“United States”), on behalf of the United
States Environmental Protection Agency (“EPA”), the National Park Service (“NPS”) of the
United States Department of the Interior (“DOI”) and the National Oceanic and Atmospheric
Administration (“NOAA”) of the United States Department of Commerce; and the State of
Indiana (“State”), on behalf of the Indiana Department of Environmental Management (“IDEM”)
and the Indiana Department of Natural Resources (“IDNR”) (collectively, “Plaintiffs”), filed a
Complaint in this case concurrently with the lodging of this Consent Decree alleging that United
States Steel Corporation (“U. S. Steel”), at its Midwest Plant Facility in Portage, Indiana
(“Midwest Plant Facility” or “Facility”):
•

violated the Clean Water Act (“CWA”), 33 U.S.C. § 1251 et seq., as amended;

Title 13 of the Indiana Code and Title 327 of the Indiana Administrative Code; terms and
conditions of U. S. Steel’s National Pollutant Discharge Elimination System (“NPDES”) permits
issued in 2011 and 2016, as amended; and the Emergency Planning and Community Right-toKnow Act of 1986 (“EPCRA”), 42 U.S.C. § 11001 et seq.;
•

is liable under Section 107 of the Comprehensive Environmental Response,

Compensation and Liability Act of 1980, as amended (“CERCLA”), 42 U.S.C. § 9607, for
reimbursement of costs incurred by EPA in responding to the release and threat of release of
hazardous substances by U. S. Steel as a result of the April 11, 2017 Spill, together with accrued
interest;
•

is liable under Section 107 of CERCLA, 42 U.S.C. § 9607; Sections 2 and 3 of

the System Unit Resources Protection Act (“SURPA”), 54 U.S.C. §§ 100722-100723; and
Indiana Code (“IND. CODE”) 13-25-4-8(a)(3), for recovery of response costs and damages –

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including damages for injury to, destruction of, or loss of natural resources belonging to,
managed by, held in trust by, controlled by, or appertaining to the United States and the State -resulting from the April 11, 2017 Spill, including the reasonable costs of assessing such injury,
destruction, or loss.
WHEREAS, subject to the terms and conditions of its 2016 NPDES Permit, U. S. Steel
discharges pollutants through three outfalls to Burns Waterway, a Water of the United States.
WHEREAS, the Complaint alleges that the violations referenced above occurred at the
steel finishing facility known as the Midwest Plant Facility located at 6300 U.S. Route 12, in
Portage, Indiana, that at all times relevant to this Complaint has been owned and operated by
U. S. Steel.
WHEREAS, on April 11, 2017, U. S. Steel reported to IDEM an incident at its Midwest
Plant Facility in which process wastewater containing, among other pollutants, hexavalent
chromium and total chromium, was discharged from U. S. Steel Outfall 004 into Burns
Waterway (“April 11, 2017 Spill”).
WHEREAS, the April 11, 2017 Spill resulted in a discharge of excessive chromium
levels from U. S. Steel Outfall 004 to Burns Waterway. EPA began emergency response
procedures at that time. From April 11, 2017 to April 18, 2017, EPA, IDEM, NOAA and NPS
oversaw U. S. Steel’s in-stream monitoring of Burns Waterway, Lake Michigan, local Indiana
beaches and the public drinking water intake of Indiana American Water, following the April 11,
2017 Spill. IDEM notified downstream users and EPA collected samples during this
timeframe. A total of four beaches along the Indiana Dunes National Lakeshore, as well as the
Indiana American Water public drinking water intake, were closed due to the April 11, 2017
Spill.

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WHEREAS, EPA conducted NPDES inspections of the Facility on April 12 and April
20, 2017. During the inspections and in its inspection report of May 4, 2017, EPA noted a
number of areas of concerns, beginning in 2013, including permit effluent limit exceedances,
narrative water quality standards and monitoring and reporting violations, Facility operations and
maintenance (“O&M”) issues, and Storm Water Pollution Prevention Plan deficiencies.
WHEREAS, IDEM conducted an inspection of the Facility on April 20, 2017. During
that inspection and in its inspection report of June 2, 2017, IDEM noted NPDES permit
violations including violations of discharge limitations, unsatisfactory O&M at the Facility and
unsatisfactory spill notification.
WHEREAS, EPA conducted response activities at the Facility and affected areas in
connection with the April 11, 2017 Spill, incurring Past Response Costs of $350,653.20.
WHEREAS, NPS conducted response activities and incurred SURPA Response Costs at
the Facility and affected areas in connection with the April 11, 2017 Spill, in the amount of
$12,564.00; and further seeks recovery of SURPA Damages for the cost of assessing damages to
System Unit resources and for lost use/compensatory restoration for loss of recreational
opportunities and/or use of the beaches along the Indiana Dunes National Lakeshore that were
closed as a result of the April 11, 2017 Spill, in the amount of $240,504.00.
WHEREAS, NOAA conducted assessment activities concerning the Facility and affected
areas in connection with the April 11, 2017 Spill, to assess Natural Resource Damages under
CERCLA, incurring $27,512.36 in NRD Assessment Costs.
WHEREAS, the Parties recognize, and the Court by entering this Decree finds, that the
Parties negotiated this Consent Decree in good faith, that the Consent Decree will avoid

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prolonged and complex litigation among the parties, and that this Consent Decree is fair,
reasonable, and in the public interest.
NOW, THEREFORE, before the taking of any testimony, without the adjudication or
admission of any issue of fact or law, and with the consent of the Parties,
IT IS HEREBY ADJUDGED, ORDERED, AND DECREED as follows:
II. OBJECTIVES
The objective of this Consent Decree is to cause U. S. Steel to take those steps
that are necessary to bring the U. S. Steel’s Midwest Plant Facility into compliance with: (a) the
CWA, 33 U.S.C. § 1251 et seq., and the regulations promulgated thereunder; (b) Title 13 of the
Indiana Code and Title 327 of the Indiana Administrative Code; (c) U. S. Steel’s 2016 NPDES
Permit, as defined below, and any successor NPDES permits; and (d) Section 304(c) of EPCRA.
The Consent Decree also provides for the payment of a civil penalty, and the reimbursement of
EPA’s Past Response Costs and the Trustees’ NRD Assessment Costs and SURPA Response
Costs and Damages, as defined below, incurred as a result of the April 11, 2017 Spill.
III. JURISDICTION AND VENUE
This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. §§ 1331, 1345, 1355, and 1367; 33 U.S.C. §§ 1319(b); 42 U.S.C. § 11045(b)(3); 42
U.S.C. §§ 9607 and 9613(b); 54 U.S.C. § 100723(a); and over the Parties. Venue lies in this
District pursuant to 28 U.S.C. §§ 1331, 1345, 1391(b) and (c) and 1395(a);
33 U.S.C. §§ 1319(b); 42 U.S.C. § 11045(b)(3); and 42 U.S.C. §§ 9607 and 9613(b), because the
violations alleged in the Complaint are alleged to have occurred in this judicial district and the
release and injuries alleged in the Complaint occurred within this district.
U. S. Steel consents to this Court’s jurisdiction over this Consent Decree and any
action to enforce this Consent Decree, and to venue in this judicial district. For purposes of this
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Consent Decree, U. S. Steel agrees that the Complaint states claims upon which relief may be
granted pursuant to Section 309 of the CWA, 33 U.S.C. § 1319; Title 13 of the Indiana Code and
Title 327 of the Indiana Administrative Code; Section 325(b)(3) of EPCRA, 42 U.S.C.
§ 11045(b)(3); 28 U.S.C, §§ 1331 and 1345; 42 U.S.C. §§ 9607 and 9613(b); and 54 U.S.C.
§ 100722(a).
IV. APPLICABILITY
The obligations of this Consent Decree apply to and are binding upon the United
States and the State of Indiana, and U. S. Steel, and their officers, employees, agents, successors,
assigns, and other entities or persons otherwise bound by law. Any change in ownership,
corporate status, or other legal status of U. S. Steel shall in no way alter U. S. Steel’s
responsibilities under this Consent Decree.
U. S. Steel shall condition any transfer, in whole or in part, of ownership of,
operation of, or other interest (exclusive of any non-controlling, non-operational shareholder
interest) in the Midwest Plant Facility upon the execution by the transferee of a modification to
this Consent Decree, which makes the terms and conditions of the Consent Decree that apply to
the Facility applicable to the transferee. In the event of such transfer, U. S. Steel shall notify the
United States and the State of Indiana by no later than thirty (30) days prior to such transfer. By
no later than thirty (30) Days after such notice, U. S. Steel may file a motion to modify this
Consent Decree with the Court to make the terms and conditions of the Consent Decree
applicable to the transferee, in the event of a whole (as opposed to partial) transfer. U. S. Steel
shall be released from the obligations and liabilities of this Consent Decree with respect to the
transferred Facility unless the United States and the State of Indiana oppose the motion and the
Court finds the transferee does not have the financial and technical ability to assume the
obligations and liabilities under the Consent Decree.
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U. S. Steel shall provide a copy of this Consent Decree to all officers, employees,
and agents whose duties include compliance with any provision of this Consent Decree, as well
as to any contractor(s) retained to perform Work required under this Consent Decree. U. S. Steel
shall condition any contract upon performance of the Work in conformity with the terms of this
Consent Decree.
In any action to enforce this Consent Decree, U.S. Steel shall not raise as a
defense the failure by any of its officers, directors, employees, agents, or contractors to take any
actions necessary to comply with the provisions of this Decree.
V. DEFINITIONS
Unless otherwise defined in this Section, terms used in this Consent Decree shall
have the meaning(s) assigned to them in the: (a) CWA, 33 U.S.C. § 1251 et. seq., and the
regulations promulgated pursuant to the CWA at 40 C.F.R. Part 122; (b) Title 13 of the Indiana
Code, and Title 327 of the Indiana Administrative Code (“IND. CODE”); (c) U. S. Steel’s 2016
NPDES Permit, U. S. Steel’s 2011 NPDES Permit, and any successor NPDES permit; (d)
CERCLA, 42 U.S.C. § 9601 et seq.; (e) Section 304(c) of EPCRA; (f) SURPA, 54 U.S.C. §§
10070 et. seq.; and in regulations promulgated pursuant to the CWA, CERCLA, EPCRA, and
SURPA. The following definitions shall apply to the terms used in this Consent Decree:
a.

“2011 NPDES Permit" means NPDES Permit No. IN0000337 that was

issued to U. S. Steel by IDEM on January 31, 2011, pursuant to Section 402(b) of the CWA, 33
U.S.C. § 1342(b), and IND. CODE §§ 13-13-5-1(1) and 13-14-1-9, and became effective on
March 1, 2011, and any modifications, revisions, or amendments of such permit.
b.

“2016 NPDES Permit” or “Permit” or “NPDES Permit” means NPDES

Permit No. IN0000337 that was issued to U. S. Steel by IDEM on March 30, 2016, pursuant to
Section 402(b) of the CWA, 33 U.S.C. § 1342(b), and IND. CODE §§ 13-13-5-1(1) and 13-146

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1-9, and became effective on April 1, 2016, and any modifications, revisions, or amendments of
such permit.
c.

“Appendix” or “Appendices” mean a document(s) listed in Section XXVI

(Appendices) of this Consent Decree.
d.

“April 11, 2017 Spill” means the incident U. S. Steel reported to IDEM on

April 11, 2017, in which process wastewater containing, among other pollutants, hexavalent
chromium and total chromium, from its Midwest Plant Facility Outfall 004, spilled into Burns
Waterway.
e.

“Assessment Costs” means the reasonable direct and indirect costs, as

defined in 43 C.F.R. § 11.15(a)(3), incurred by the Trustees in assessing the Natural Resources
that the Trustees in their Complaint allege were injured, destroyed, or lost at or in connection
with releases at or from the Midwest Plant Facility as a result of the April 11, 2017 Spill, and in
identifying, planning and monitoring the restoration activities to compensate for such alleged
injuries and loss. Such costs include reasonable administrative costs and other costs or expenses
recoverable under 43 C.F.R. § 11.15(a)(3).
f.

“CERCLA” means the Comprehensive Environmental Response,

Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675.
g.

“Complaint” means the Complaint filed by the United States and the State

of Indiana in this action.
h.

“Consent Decree” or “Decree” means this Consent Decree, any

modification, and any attachments, or appendices, which are incorporated into the Consent
Decree.

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i.

“Date of Lodging” means the date on which this Consent Decree is filed

for lodging with the Clerk of the Court for the Northern District of Indiana.
j.

“Day” means a calendar day unless expressly stated to be a business day.

In computing any period of time under this Consent Decree, where the last day would fall on a
Saturday, Sunday, or federal holiday, the period shall run until the close of business of the next
business day.
k.

“Daily” means over a calendar day or any twenty-four (24) hour period

that reasonably represents the calendar day for the purposes of sampling.
l.

“Discharge” means any “discharge of a pollutant” as defined in 40 C.F.R.

§ 122.2 and 327 Ind. Admin. Code 5-1.5-11.
m.

“DOI” means the United States Department of the Interior and any

successor departments, agencies or instrumentalities of the United States.
n.

“Effective Date” means the date of entry of this Consent Decree by the

Court, after satisfaction of the public notice and comment procedures set forth in Section XXIII
(Public Participation) of this Consent Decree and 28 C.F.R. § 50.7: (1) as recorded on the Court
docket or; (2) if the Court instead issues an order approving this Consent Decree, the date such
order is recorded on the Court docket.
o.

“EPA” means the United States Environmental Protection Agency.

p.

“EPA Hazardous Substance Superfund” means the Hazardous Substance

Superfund established by the Internal Revenue Code, 26 U.S.C. § 9507.
q.

“IDEM” means the Indiana Department of Environmental Management

and any successor.
r.

“IDNR” means the Indiana Department of Natural Resources.

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s.

“Lakeshore” means Indiana Dunes National Lakeshore, a unit of the

National Park System.
t.

“Midwest Plant Facility” or “Facility” means U. S. Steel Corporation’s

finishing facility located at 6300 U.S. Route 12, in Portage, Porter County, Indiana.
u.

“National Contingency Plan” or “NCP” means the National Oil and

Hazardous Substances Pollution Contingency Plan promulgated pursuant to Section 105 of
CERCLA, 42 U.S.C. § 9605, codified at 40 C.F.R. Part 300, and any amendments thereto.
v.

“Natural Resources” means land, wildlife, biota, air, surface water, ground

water drinking water supplies, and other such resources, belonging to, managed by, held in trust
by, appertaining to, or otherwise controlled by the United States and/or the State.
w.

“Natural Resource Damages” or “NRD” means compensation for injury

to, destruction of, or loss of, Natural Resources resulting from or relating to releases of
hazardous substances, as set forth in Section 107(a)(4)(C) of CERCLA, 42 U.S.C.
§ 9607(a)(4)(C); and IC 13-25-4-8(a)(3), at or from the Midwest Plant Facility as a result of the
April 11, 2017 Spill. NRD includes any damages recoverable by the United States or the State
on behalf of the public, for injury to, destruction of, loss of, loss of use of, or impairment of
Natural Resources as a result of the April 11, 2017 Spill, including, but not limited to:
(i) “Assessment Costs;” (ii) the costs of restoration, rehabilitation, or replacement of injured or
lost natural resources or of acquisition of equivalent resources; (iii) the costs of planning such
restoration activities; (iv) compensation for injury, destruction, loss, loss of use, or impairment of
natural resources; and (v) each of the categories of recoverable damages described in 43 C.F.R.
§ 11.15.

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x.

“NOAA” means the National Oceanic and Atmospheric Administration

and its successor departments, agencies, or instrumentalities.
y.

“NPDES” means the National Pollutant Discharge Elimination System

permit program described in Section 402 of the CWA, 33 U.S.C. § 1342, and other provisions of
the CWA.
z.

“Outfall” means any point source that serves as a discharge point from the

U. S. Steel’s Midwest Plant Facility.
aa.

“NPS” means the United States National Park Service, Department of the

Interior, and its successor departments, agencies, or instrumentalities.
bb.

“Paragraph” means a portion of this Consent Decree identified by an

Arabic numeral.
cc.

“Past Response Costs” means all EPA response costs through September

14, 2017, including, but not limited to, direct and indirect costs not inconsistent with the NCP
that the EPA paid in connection with the April 11, 2017 Spill.
dd.

“Parties” means the United States of America and the State of Indiana, and

ee.

“Plaintiffs” means the United States of America and the State of Indiana.

ff.

“Section” means a portion of this Consent Decree identified by a Roman

gg.

"State" shall mean the State of Indiana, acting on behalf of Indiana

U. S. Steel.

numeral.

Department of Environmental Management and the Indiana Department of Natural Resources.
hh.

“Subparagraph” means a portion of this Consent Decree identified by a

lower-case letter or lower-case Roman numeral.

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ii.

“SURPA” means the System Unit Resources Protection Act, 54 U.S.C.

§§ 100721 et seq.
jj.

“SURPA Damages” shall have the meaning provided in 54 U.S.C. §

100721(1), including compensation for the cost of replacing, restoring, or acquiring the
equivalent of a Lakeshore resource; the value of any significant loss of use of a Lakeshore
resource pending its restoration or replacement or the acquisition of an equivalent resource; or
the value of the Lakeshore resource if the Lakeshore resource cannot be replaced or restored; as
well as the cost of a damage assessment under 54 U.S.C. § 100723(b) for the costs incurred and
to be incurred by the United States in assessing and monitoring the damages to the Lakeshore
resources actually or potentially injured, destroyed, or lost as a result of the April 11, 2017 Spill,
and the costs to be incurred by the NPS in monitoring the replacement of the Lakeshore
resources injured, destroyed, or lost as a result of the April 11, 2017 Spill.
kk.

“SURPA Response Costs” shall have the meaning provided in 54 U.S.C.

§ 100721(2), including the costs of actions taken by the Secretary to prevent or minimize
destruction or loss of or injury to a Lakeshore resource; abate or minimize the imminent risk of
the destruction, loss, or injury; or monitor ongoing effects of the April 11, 2017 Spill.
ll.

“Trustee” shall have the meaning provided in Section 107(f)(2) of

CERCLA, 42 U.S.C. § 9607(f)(2). The Trustees for this matter are NOAA, NPS, IDEM and
IDNR.
mm.

“United States” means the United States of America, acting on behalf of

EPA, NOAA and NPS.
nn.

“U. S. Steel” means United States Steel Corporation.

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oo.

“Wastewater Treatment Process Equipment” shall mean all assets used at

the Facility to store, treat or discharge wastewater, including systems of conveyance and control.
pp.

“Wastewater Treatment Works” means the Facility’s North Final

Treatment Plant and the Chrome Treatment Plant.
qq.

“Work" means all activities U. S. Steel is required to perform under this

Consent Decree.
VI. COMPLIANCE REQUIREMENTS
Actions Taken by U. S. Steel Prior to Lodging of Consent Decree.
a.

CWA Wastewater Treatment Works Pipe and Trench Repairs at the

Facility.
i.

On April 11, 2017, U. S. Steel performed repairs to a concrete

containment trench, which failed to contain process wastewater and contributed to the April
11, 2017 Spill.
ii.

On June 30, 2017, U. S. Steel completed replacement of all expansion

joints in the Chrome Treatment Plant influent pipe system.
iii.

On December 15, 2017, U. S. Steel completed replacement of the

Chrome Treatment Plant influent pipe system. The material of construction was changed
from CPVC to stainless steel. The new stainless steel pipe system was installed with welded
connections, which eliminated the need for expansion joints.
iv.

On December 22, 2017, U. S. Steel performed repairs to the concrete

containment trench by pouring additional concrete to the base of the containment trench to
modify its grade. By no later than June 15, 2018, U. S. Steel shall complete concrete
containment trench repairs by applying protective epoxy coating. The epoxy coating shall be

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compatible with the wastewater and will be applied to the concrete in the containment trench
so as to make it impermeable.
v.

On January 15, 2018, U. S. Steel permanently replaced the single-wall

chemtreat heat exchanger in service at the Tin Free Steel Line at the Facility with a doublewall heat exchanger in order to reduce the potential for the release of chromium to noncontact cooling water.
b.

EPCRA Written Report. On February 2, 2018, U. S. Steel submitted a

written report concerning the April 11, 2017 Spill to the appropriate State Emergency Response
Commission and the Local Emergency Planning Committee pursuant to Section 304(c) of
EPCRA, 42 U.S.C. § 11004(c).
c.

On April 17, 2017, U. S. Steel submitted to IDEM a 5-day noncompliance

notification letter describing the violations for Hexavalent Chromium and its response thereto.
d.

Spill Notification Procedures. On January 15, 2018, U. S. Steel began

implementing Midwest Spill Evaluation and External Reporting Requirements, attached hereto
as Appendix B.
Facility Wastewater Operation and Maintenance Plan.
a.

By no later than April 15, 2018, U. S. Steel shall develop a comprehensive

Wastewater Operation & Maintenance Plan (“O&M Plan”) for the Facility and submit to EPA
and IDEM for review and approval in accordance with Section VII (Review and Approval of
Submittals). The O&M Plan shall ensure that U. S. Steel shall at all times properly operate and
maintain all wastewater treatment process equipment used to treat wastewater at the Facility, and
provide personnel to carry out the operation, maintenance, repair, and testing functions required

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to achieve and maintain compliance with the conditions of the Permit. In addition, the O&M
Plan shall include:
i.

a list of Permit requirements;

ii.

a description of, and operation information for, all wastewater

treatment process equipment;
iii.

job descriptions or operating duties of assigned personnel;

iv.

laboratory requirements;

v.

record keeping requirements;

vi.

references to all pertinent operation and maintenance forms, as-built

plans, standard operating procedures, and manufacturer’s manuals; and
vii.

a plan for proper routine visual inspection, cleaning, and maintenance

of outfall channels.
b.

U. S. Steel shall implement the O&M Plan upon approval by EPA and

IDEM in accordance with Section VII (Review and Approval of Submittals).
c.

Preventive Maintenance Program Plan. U. S. Steel shall develop a

Preventive Maintenance Program Plan designed to help prevent breakdowns, reduce wear,
improve efficiency and extend the life of its wastewater infrastructure. By no later than April
15, 2018, U. S. Steel shall submit the Preventive Maintenance Program Plan to EPA and IDEM
for review and approval in accordance with Section VII (Review and Approval of Submittals).
The Preventive Maintenance Program Plan shall be submitted as part of the Wastewater O&M
Plan. At a minimum, the Preventive Maintenance Program shall consist of procedures and/or
methodologies for:

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i.

periodic inspection, including schedules, for asset vulnerability

assessment, lubrication, adjustment and/or other servicing of machinery, equipment and
structures; and
ii.

recording of repairs, alterations and replacements to its wastewater

treatment infrastructure.
d.

U. S. Steel shall implement the Preventive Maintenance Program Plan

upon approval by EPA and IDEM in accordance with Section VII (Review and Approval of
Submittals).
e.

At least once every 12 months, U. S. Steel shall review the components

of the O&M Plan to determine if modifications are necessary to insure proper operation and
maintenance of the wastewater treatment process equipment used to treat wastewater at the
Facility. The results of the review shall be documented in a report that shall be retained within
the O&M Plan. U. S. Steel shall submit this report along with the first semi-annual report due
after completion of the annual O&M Plan review, pursuant to Paragraph 18, below.
f.

U. S. Steel shall, at the time of renewal of its Permit and as part of its

application for renewal, submit to IDEM the most current O&M Plan that includes the
requirements of Paragraph 10(a)-(e) above. The renewal application shall include a request that
the renewed Permit contain the requirements to develop, implement, and review the O&M Plan
pursuant to Paragraph 10(a)-(e) above.
Wastewater Process Monitoring System.
a.

By no later than March 30, 2018, U. S. Steel shall complete an evaluation

of the existing wastewater process monitoring at its Midwest Plant Facility. The evaluation shall
include an investigation of monitoring technologies and equipment for early detection of

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conditions that may lead to spills such as the April 11, 2017 Spill, and conditions that may lead
to unauthorized discharges or discharges in exceedance of Permit limits, at the wastewater
treatment works.
b.

By no later than three (3) months after completing the evaluation

specified in subparagraph a. above, U. S. Steel shall submit to EPA and IDEM for review and
approval, in accordance with Section VII (Review and Approval of Submittals), a design for
wastewater process monitoring for early detection of conditions that may lead to spills such as
the April 11, 2017 Spill, and conditions that may lead to unauthorized discharges or discharges
in exceedance of Permit limits, at the wastewater treatment works.
c.

Within five (5) months after EPA and IDEM approve the U. S. Steel

submittal under subparagraph b. above, U. S. Steel shall complete the installation of the
approved monitoring technologies and equipment and begin operating the approved wastewater
process monitoring at the wastewater treatment works in accordance with the approved design
described in subparagraph b. above.
d.

Within five (5) months after EPA and IDEM approve the U.S. Steel

submittal under subparagraph b. above, U. S. Steel shall incorporate visual inspection and
maintenance of the approved wastewater process monitoring equipment, in accordance with the
approved design described in subparagraph b. above, into its O&M Plan.
e.

U. S. Steel shall maintain the results of the approved wastewater process

monitoring in accordance with its NPDES Permit and shall make such records available to EPA
and IDEM upon request.
Hexavalent /Total Chromium Monitoring.

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a.

By no later than January 31, 2018, U. S. Steel shall sample Daily for total

and hexavalent chromium at Outfalls 104 and 204. Hexavalent chromium shall be measured and
reported as dissolved metal and total chromium shall be measured and reported as total
recoverable metal. The hexavalent chromium sample type shall be grab method and the total
chromium shall be by 24-hour composite. Sample analysis for hexavalent chromium shall be
performed according to EPA Method 218.6 rev 3.3 (40 C.F.R. § 136.3, Table IB), and the
analytical and sampling methods used shall comply with all other requirements specified in the
Method and 40 C.F.R. § 136. The analytical and sampling methods used for total chromium
shall comply with 40 C.F.R. § 136. U. S. Steel shall include the results of the Hexavalent/Total
Chromium Monitoring in its Discharge Monitoring Reports (“DMRs”) and Monthly Monitoring
Reports (“MMRs”) submitted pursuant to the Permit. Due to the nature of the process, there may
be instances in which minimal flow occurs over a 24-hour period. During those events, when
there is insufficient sample volume (or no sample at all), U. S. Steel shall document NODI code
F – Insufficient flow for sampling on the DMR and MMR forms for that particular outfall and
day. In the event that there is no flow during a 24-hour period, NODI code C – No discharge
shall be used. Both codes will be deemed acceptable sampling events representative of the
volume and nature of the discharge, and count towards the Daily sampling frequency.
b.

U. S. Steel shall, at the time of renewal of its Permit, submit an application

to IDEM for renewal that includes the requirements of Paragraph 12(a). U. S. Steel may request
a change in monitoring frequency in the application, along with any supporting data.
VII.

REVIEW AND APPROVAL OF SUBMITTALS

Initial Submissions. Whenever a document is required to be submitted for review
or approval pursuant to this Consent Decree, U. S. Steel shall submit that document to the United
States and to the State of Indiana. EPA and IDEM shall, in writing: (a) approve, in whole or in
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part, the submission; (b) approve, in whole or in part, the submission upon specified conditions;
(c) disapprove, in whole or in part, the submission, requiring U. S. Steel to correct the
deficiencies; or (d) any combination of the foregoing.
Resubmissions. Upon receipt of a notice of approval in part; approval, in whole
or in part, upon specified conditions; disapproval in whole or in part; or any combination of the
foregoing, U. S. Steel shall, within thirty (30) Days or such longer time as specified by EPA and
IDEM in such notice, either correct the deficiencies and resubmit the document for approval, or
submit the matter for dispute resolution, including the period of informal negotiations, under
Section XV (Dispute Resolution) of this Consent Decree. After review of the resubmitted plan,
report, or other deliverable, EPA and IDEM, shall: (a) approve, in whole or in part, the
resubmission; (b) approve the resubmission upon specified conditions; (c) disapprove, in whole
or in part, the resubmission, requiring U. S. Steel to correct the deficiencies; or (d) any
combination of the foregoing. Upon receipt of a notice of approval in whole or in part, approval
upon specified conditions, disapproval in whole or in part, or any combination of the foregoing,
of the resubmission under this Paragraph, U. S. Steel shall, within thirty (30) Days or such longer
time as specified by EPA and IDEM in such notice, either correct the deficiencies and resubmit
the document for approval, or submit the matter for dispute resolution, including the period of
informal negotiations, under Section XV (Dispute Resolution) of this Consent Decree.
If upon resubmission, a document is disapproved by EPA and IDEM due to a
material defect, U. S. Steel shall be deemed to have failed to submit such plan, design, or
deliverable timely and adequately, unless U. S. Steel invokes the dispute resolution procedures in
accordance with Section XV (Dispute Resolution), and EPA and IDEM’s action is revoked or
substantially modified pursuant to a Dispute Resolution decision under Section XV (Dispute

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Resolution) or superseded by an agreement reached pursuant to that Section. The provisions of
Section XV (Dispute Resolution) and Section XIII (Stipulated Penalties) shall govern the accrual
and payment of any stipulated penalties during Dispute Resolution. If EPA and IDEM’s
disapproval is not otherwise revoked, substantially modified or superseded as a result of a
decision or agreement reached pursuant to the Dispute Resolution process set forth in Section
XV, stipulated penalties shall accrue for such violation from the date on which the initial
submission was originally required, as provided in Section XIII (Stipulated Penalties).
Implementation. Unless otherwise stated in Section VI, within thirty (30) days of
approval by EPA and IDEM under Paragraph 13 (Initial Submissions), or Paragraph 14
(Resubmissions), of any document, or any portion thereof: (a) such document or portion thereof,
shall be incorporated into and enforceable under this Consent Decree; and (b) U. S. Steel shall
take any action required by such document or portion thereof in accordance with the schedules
and requirements specified therein.
EPA and IDEM do not, by their agreement to the entry of this Consent Decree or
by their failure to object to any submittal for review and approval under this Consent Decree,
warrant or aver in any manner that any of U. S. Steel’s actions specified to be undertaken in such
submittals will result in compliance with the provisions of the Permit, CWA, Title 13 of the
Indiana Code, or any rules contained in Title 327 of the Indiana Administrative Code, or their
implementing regulations. Notwithstanding EPA and IDEM’s review of any plans, reports,
corrective actions, or procedures under this Section (Review and Approval of Submittals), U. S.
Steel remains solely responsible for compliance with the Permit, CWA, Title 13 of the Indiana
Code, or any rules contained in Title 327 of the Indiana Administrative Code, and their
implementing regulations. Nothing in this Paragraph shall be construed as a waiver of EPA’s or

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IDEM’s rights under the CWA, Title 13 of the Indiana Code, or their regulations for future
violations.
VIII.

REPORTING REQUIREMENTS

U. S. Steel shall submit a semi-annual progress report no later than March 15 and
September 15 of each year, with the first semi-annual report due on the first March 15 or
September 15 that occurs more than ninety (90) Days after the Effective Date. Each semi-annual
report shall contain the following information with respect to, respectively, the half-year between
July 1 and December 31, or the half-year between January 1 and June 30, commencing on the
date of Entry of the Consent Decree:
a.

Identification of Work performed and progress made toward implementing

the requirements of Section VI (Compliance Requirements), including a narrative description of
activities undertaken, the status of any construction or compliance measures, and the completion
of any milestones;
b.

Any significant problems encountered or anticipated in complying with

the requirements of Section VI (Compliance Requirements), including implemented or proposed
solutions;
c.

Identification and description of all non-compliance with any of the

requirements under Section VI (Compliance Requirements), including description of the likely
cause and of the remedial steps taken, or to be taken, to prevent or minimize such
noncompliance;
d.

A statement of any exceedances of its NPDES Permit limitations;

e.

A summary of any spills and unpermitted Discharges occurring within the

reporting period, and reported pursuant to the requirements included in Appendix B of this

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Decree, including the actual or estimated frequency, duration, and volume of each spill,
unpermitted Discharge or permit limit exceedance; and
f.

The results of any O&M Plan review, conducted pursuant to Paragraph 10,

completed within the reporting period.
In addition to the other reports required by this Decree, if U. S. Steel violates any
requirement of this Decree or its NPDES Permit, in addition to complying with the notification
requirements in its NPDES Permit, U. S. Steel shall notify the EPA and IDEM of such violation
and its likely duration in writing within ten (10) working days of the day U. S. Steel first
becomes aware of the violation, with an explanation of the violation's likely cause and of the
remedial steps taken, and/or to be taken, to prevent or minimize such violation. If the cause of a
violation cannot be fully explained at the time the report is due, U. S. Steel shall include a
statement to that effect in the report. U. S. Steel shall immediately investigate to determine the
cause of the violation and shall submit an amendment to the report described in this Paragraph,
including a full explanation of the cause of the violation, within thirty (30) Days of the day U. S.
Steel became aware of the cause of the violation. Nothing in this Paragraph or the following
Paragraph relieves U. S. Steel of its obligation to provide the notice required by Section XIV
(Force Majeure).
Whenever any violation of this Consent Decree or of any applicable permit or any
other event affecting U. S. Steel’s performance under this Decree, any of which may pose an
immediate threat to the public health or welfare or the environment, U. S. Steel shall notify EPA,
IDEM, and any other appropriate response entity, orally or electronically as soon as possible, but
no later than 24 hours after U. S. Steel first knew of the violation or event. This procedure is in

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addition to the requirements set forth in the preceding Paragraph and any other state or federal
reporting requirement that may be applicable.
Submissions of Reports Required by NPDES Permits. In addition to meeting the
requirements of its NPDES Permit regarding submission of reports, U. S. Steel shall submit to
EPA reports that are generated pursuant to the requirements of the NPDES Permit, or pursuant to
the corresponding provision(s) of any successor NPDES permit, including any notices or reports
submitted pursuant to Section II.B.2 and II.C.3 of the NPDES Permit. All reports shall be
submitted to EPA in the format required by IDEM, at the same time they are submitted to IDEM,
and shall contain any available sample analyses and other information in accordance with the
requirements of the NPDES Permit or any successor NPDES permit. Any reports that U. S.
Steel submits to IDEM via an electronic portal (e.g., NetDMR) shall in addition be submitted by
U. S. Steel to EPA in a text-searchable portable document format (PDF) contained on a portable
electronic media (e.g., a compact disc, a digital video disc, a jump drive, or other appropriate
device), or other electronic method agreed-to by the parties.
All reports required under this Consent Decree shall be submitted to the persons
and in the manner designated in Section XIX (Notices).
Each report submitted by U. S. Steel under this Section shall be signed by a
responsible corporate officer or duly authorized representative of the submitting party and
include the following certification:
I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed to
assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete. I
am aware that there are significant penalties for submitting false information,
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including the possibility of fine and imprisonment for knowing violations. This
certification requirement does not apply to emergency or similar notifications where
compliance would be impractical.
The reporting requirements of this Consent Decree do not relieve U. S. Steel of
any reporting obligations required by the CWA or implementing regulations, or by any other
federal, state, or local law, regulation, permit, or other requirement.
Any information provided pursuant to this Section and any other Section of the
Consent Decree may be used by the United States and the State of Indiana in any proceeding to
enforce the provisions of this Consent Decree and as otherwise permitted by law. All
information and documents submitted by U. S. Steel to the United States or Indiana shall be
subject to public inspection unless identified and supported as confidential business information
(CBI). As to any information that U. S. Steel seeks to protect as CBI pursuant to 40 C.F.R. Part
2, U. S. Steel shall follow the procedures set forth in 40 C.F.R. Part 2 and IC 5-14-3-4 and 327
IAC 12.1. Under no circumstances may effluent data be identified, claimed to be, or considered
CBI.
IX. PAYMENT OF NOAA COSTS
Within thirty (30) Days of the Effective Date, U. S. Steel shall pay the sum of
$27,512.36 for NRD Assessment Costs incurred by NOAA in connection with the April 11, 2017
Spill. If any portion of the payment due to the United States is not paid when due, U. S. Steel
shall pay interest on the amount past due, accruing from Effective Date through the date of
payment, at the rate specified in 28 U.S.C. § 1961. Interest on unpaid NOAA NRD Assessment
Costs shall begin to accrue from the date such are due and continue to accrue to the date full
payment is received. Where partial payment is made on any NOAA NRD Assessment Cost
amount that is due, such partial payment shall be first applied to any interest on unpaid NOAA
NRD Assessment Costs then owing.
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U. S. Steel shall make the payment by FedWire Electronic Funds Transfer
("EFT") to the U.S. Department of Justice in accordance with instructions provided by the
Financial Litigation Unit of the U.S. Attorney’s Office for the Northern District of Indiana
following the Effective Date. Upon payment, U. S. Steel shall send a copy of the EFT
transaction record together with a transmittal letter, which shall state that the payment constitutes
the amount due under Paragraph 26 of the Consent Decree in United States and State of Indiana
v. U. S. Steel Corporation and shall reference DOJ Case Number 90-5-2-1-06476/2, to the
following persons:
Chief, Environmental Enforcement Section
Environment and Natural Resources Division
United States Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
and
NOAA/U.S. Department of Commerce
Attn: Grant Blumberg
Natural Resources Section
NOAA Office of General Counsel
1315 East-West Highway
SSMC3, Room 15104
Silver Spring, MD 20910-3282

X. PAYMENT OF SURPA RESPONSE COSTS AND DAMAGES
Within thirty (30) Days of the Effective Date, U. S. Steel shall pay the sum of
$253,068.00, for SURPA Response Costs ($12,564.00) and SURPA Damages ($240,504.00)
incurred by the NPS in connection with the April 11, 2017 Spill. If any portion of the payment
due to the United States is not paid when due, U. S. Steel shall pay interest on the amount past
due, accruing from Effective Date through the date of payment, at the rate specified in 28 U.S.C.
§ 1961. Interest on unpaid SURPA Response Costs and Damages shall begin to accrue from the
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date such are due and continue to accrue to the date full payment is received. Where partial
payment is made on any SURPA Response Costs and Damages amount that is due, such partial
payment shall be first applied to any interest on unpaid SURPA Response Costs and Damages
then owing.
U. S. Steel shall make the payment by EFT to the U.S. Department of Justice in
accordance with instructions provided by the Financial Litigation Unit of the U.S. Attorney’s
Office for the Northern District of Indiana following the Effective Date. Upon payment, U. S.
Steel shall send a copy of the EFT transaction record together with a transmittal letter, which
shall state that the payment constitutes the amount due under Paragraph 28 of the Consent
Decree in United States and State of Indiana v. U. S. Steel Corporation and shall reference DOJ
Case Number 90-5-2-1-06476/2, to the following persons:
Chief, Environmental Enforcement Section
Environment and Natural Resources Division
United States Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
Karen Battle Sanborn
Damage Assessment Case Officer
WASO/EQD/Resource Protection Branch
National Park Service1201 Oak Ridge Drive
Fort Collins, CO 80525

XI. PAYMENT OF EPA RESPONSE COSTS
Within thirty (30) Days of the Effective Date, U. S. Steel shall pay the sum of
$350,653.20, for Past Response Costs incurred by EPA in connection with the April 11, 2017
Spill. If any portion of the payment due to the United States is not paid when due, U. S. Steel
shall pay interest on the amount past due, accruing from Effective Date through the date of
payment, at the rate specified in 28 U.S.C. § 1961. Interest on unpaid Past Response Costs shall
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begin to accrue from the date such are due and continue to accrue to the date full payment is
received. Where partial payment is made on any Past Response Cost amount that is due, such
partial payment shall be first applied to any interest on unpaid Past Response Costs then owing.
U. S. Steel shall make the payment by EFT to the U.S. Department of Justice in
accordance with instructions provided by the Financial Litigation Unit of the U.S. Attorney’s
Office for the Northern District of Indiana following the Effective Date. Upon payment, U. S.
Steel shall send a copy of the EFT transaction record together with a transmittal letter, which
shall state that the payment constitutes the amount due under Paragraph 30 of the Consent
Decree in United States and State of Indiana v. U. S. Steel Corporation and shall reference the
EPA Hazardous Substance Superfund, EPA Site ID Number C5GE, DOJ Case Number 90-5-21-06476/2, to the following persons:
Chief, Environmental Enforcement Section
Environment and Natural Resources Division
United States Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
and
By mail to:
Director, Superfund Division
United States Environmental Protection Agency, Region 5
77 West Jackson (SE-6J)
Chicago, IL 60604
and
EPA Cincinnati Finance Office
26 Martin Luther King Drive
Cincinnati, Ohio 45268
and via email to:
EPA Cincinnati Finance Office at:
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acctsreceivable.cinwd@epa.gov
XII.

CIVIL PENALTY

Payment to the United States. Within thirty (30) Days after the Effective Date,
U. S. Steel shall pay the sum of $300,621.00 as a civil penalty to the United States by EFT to the
U.S. Department of Justice in accordance with written instructions to be provided to U. S. Steel
following entry of the Consent Decree, by the Financial Litigation Unit of the U.S. Attorney’s
Office for the Northern District of Indiana. At the time of the payment, U. S. Steel shall send a
copy of the EFT authorization form and the EFT transaction record, together with a transmittal
letter, which shall state that the payment is for the civil penalty owed to the United States
pursuant to the Decree in United States and the State of Indiana et al. v. United States Steel
Corporation, and reference the above-captioned civil action number and DOJ case number 90-52-1-06476/2 to the United States in the manner set forth in Section XIX (Notices), by email to
acctsreceivable.CINWD@epa.gov, and by mail to:
EPA Cincinnati Finance Office
26 Martin Luther King Drive
Cincinnati, Ohio 45268
Payment to the State of Indiana. Within thirty (30) Days after the Effective Date,
U. S. Steel shall pay a civil penalty of $300,621.00 to the State of Indiana. Payment shall be
wired through an EFT to Indiana. To receive wire instructions, U. S. Steel shall call or email the
following point of contact:
Kathleen Hurst
Accounts Receivable Manager
Indiana Department of Environmental Management
Phone: 317-233-2394
Email: khurst1@idem.in.gov

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U. S. Steel shall also notify the same point of contact within two (2) business days after the
transfer occurs to confirm receipt.
Interest. If any portion of the civil penalty due to the United States is not paid
when due, U. S. Steel shall pay interest on the amount past due, accruing from Effective Date
through the date of payment, at the rate specified in 28 U.S.C. § 1961. If any portion of the civil
penalty due to the State of Indiana is not paid when due, U. S. Steel shall pay interest on the
amount past due, accruing from the Effective Date through the date of payment, at the rate
specified in 28 U.S.C. § 1961. Interest on unpaid penalties shall begin to accrue from the date
such are due and continue to accrue to the date full payment is received. Where partial payment
is made on any penalty amount that is due, such partial payment shall be first applied to any
interest on unpaid penalties then owing.
U. S. Steel shall not deduct any penalties paid under this Consent Decree pursuant
to this Section or Section XIII (Stipulated Penalties), nor any amounts paid under Sections IX, X,
and XI, in calculating its federal or state or local income tax.
XIII.

STIPULATED PENALTIES

U. S. Steel shall be liable for stipulated penalties to the United States and to the
State of Indiana for violations of this Consent Decree as specified below, unless excused under
Section XIV (Force Majeure). A violation includes failing to perform any obligation required by
the terms of this Decree, including any work plan or schedule approved under this Decree,
according to all applicable requirements of this Decree and within the specified time schedules
established by or approved under this Decree.
Late Payment of Civil Penalty. If U. S. Steel fails to pay any part of the civil
penalty required to be paid under this Decree when due, a stipulated penalty of $5,000 per Day
not fully paid shall accrue against U. S. Steel.
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Compliance Requirements. Subject to Sections VII (Review and Approval of
Submittals) and XV (Dispute Resolution), stipulated penalties shall accrue pursuant to Table 1 Compliance Requirements - Stipulated Penalties, below:
Paragraph 38. Table 1 - Compliance Requirements - Stipulated Penalties
Violation
Failure to submit, by the specified
deadlines, any required deliverables,
including, designs, notices, plans,
permit renewal applications, and
reports as set forth in Section VI.
Failure to comply with requirements
in Section VI, or the provisions of any
associated plan, design, or program
plan as approved by EPA and IDEM
under Section VI.

Noncompliance with U. S. Steel’s
2016 NPDES Permit, or any
corresponding provision(s) under any
successor NPDES permit.

Noncompliance with any other
requirement of the Decree that is not
specified in the above stipulated
penalties and Paragraph 37.

Stipulated Penalties
Period of Noncompliance
Between 1 and 15 days
Between 16 and 30 days
Over 30 days

Penalty Per Violation Per Day
$500
$1,000
$2,000

Period of Noncompliance
Between 1 and 15 days
Between 16 and 30 days
Over 30 days

Penalty Per Violation Per Day
$1,500
$3,000
$5,000

$1,000 for each violation of daily maximum concentration or
mass limit;
$3,000 for each violation of monthly average concentration
or mass limit.
Any other violation of the NPDES Permit:
Period of Noncompliance Penalty Per Violation Per Day
Between 1 and 15 days
$500
Between 16 and 30 days
$750
Over 30 days
$1,500
Period of Noncompliance
All days

Penalty Per Violation Per Day
$250

Demand for Stipulated Penalties. A written demand by the United States and/or
the State to U. S. Steel for the payment of stipulated penalties will identify the particular
violation(s) to which the stipulated penalty relates; the stipulated penalty amount (as can be best
estimated) that the United States and/or the State is demanding for each violation; the calculation
method underlying the demand; and the grounds upon which the demand is based. The Plaintiff
making a demand for payment of a stipulated penalty shall simultaneously send a copy of the
demand to the other applicable Plaintiff.
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Stipulated Penalties Payment Due Date. Stipulated penalties shall be paid no later
than thirty (30) Days after receipt of a written demand by the United States and/or the State,
unless the demand is subject to Section XV (Dispute Resolution).
Manner of Payment of Stipulated Penalties. Stipulated penalties owing to the
United States and/or the State will be paid in the manner set forth in Section XII (Civil Penalty).
U. S. Steel shall pay fifty percent of the total stipulated penalty amount due to the United States
and fifty percent to the State of Indiana.
Waiver of Payment. The United States and/or the State may, in its unreviewable
discretion, waive payment of any portion or all of the stipulated penalties that may be due to it
under this Consent Decree. Where only one Plaintiff demands stipulated penalties for a
violation, and the other Plaintiff does not join in the demand within ten (10) Days of receiving
the demand, or timely join(s) the demand but subsequently elect(s) to waive or reduce stipulated
penalties for that violation, U. S. Steel shall pay the full stipulated penalties due for the violation
to the Plaintiff making the demand.
Disputes over Stipulated Penalties. By no later than thirty (30) Days after receipt
of a written demand for stipulated penalties, U. S. Steel may dispute liability for any or all
stipulated penalties demanded by invoking the dispute resolution procedures of Section XV of
this Decree (Dispute Resolution). In the event of a dispute over stipulated penalties, stipulated
penalties shall continue to accrue as provided in Paragraph 38 during any Dispute Resolution,
but need not be paid until the following:
a.

If the dispute is resolved by agreement or a decision of EPA that is not

appealed to the Court, U. S. Steel shall pay accrued penalties determined to be owing, together

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with interest, to the United States within thirty (30) Days of the effective date of the agreement
or the receipt of EPA’s decision or order.
b.

If the dispute is appealed to the Court and the United States prevails in

whole or in part, U. S. Steel shall pay all accrued penalties determined by the Court to be owing,
together with interest, within sixty (60) Days of receiving the Court’s decision or order, except as
provided in subparagraph c. below.
c.

If any Party appeals the District Court’s decision, U. S. Steel shall pay all

accrued penalties determined to be owing, together with interest, within fifteen (15) Days of
receiving the final appellate court decision.
No amount of the stipulated penalties paid by U. S. Steel shall be used to reduce
its federal or state tax obligations.
Interest. If U. S. Steel fails to pay stipulated penalties required by this Consent
Decree, U. S. Steel shall be liable for interest on such penalties at the rates specified in
Paragraph 34, accruing as of the date payment became due. Nothing in this Paragraph shall be
construed to limit the United States from seeking any remedy otherwise provided by law for
U. S. Steel’s failure to pay any stipulated penalties.
Reservation of Rights. Subject to the provisions of Section XVII (Effect of
Settlement/Reservation of Rights), the stipulated penalties provided for in this Consent Decree
shall be in addition to any other rights, remedies, or sanctions available to the United States or
the State (including, but not limited to, statutory penalties, additional injunctive relief, mitigation
or offset measures, and contempt) for U. S. Steel’s violation of this Consent Decree or applicable
law. Where a violation of this Consent Decree is also a violation of the CWA, U. S. Steel shall

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be allowed a credit for any stipulated penalties paid, against any statutory penalties imposed for
such violation.
XIV. FORCE MAJEURE
“Force Majeure,” for purposes of this Consent Decree, is defined as any event
arising from the causes beyond the control of U. S. Steel, any entity controlled by U. S. Steel, or
of U. S. Steel’s contractors that delays or prevents the performance of any obligation under this
Consent Decree despite U. S. Steel’s best efforts to fulfill the obligation. The requirement that
U. S. Steel exercises “best efforts to fulfill the obligation” includes using best efforts to
anticipate any potential force majeure event and best efforts to address the effects of any such
event (a) as it is occurring and (b) after it has occurred to prevent or minimize any resulting delay
to the greatest extent possible. “Force Majeure” does not include U. S. Steel’s financial inability
to perform any obligation under this Consent Decree.
If any event occurs or has occurred that may delay the performance of any
obligation under this Consent Decree, whether or not caused by a force majeure event, U. S.
Steel shall provide written notice to EPA and IDEM, within seven (7) Days of when U. S. Steel
first knew that the event might cause a delay. The notice shall include an explanation and
description of the reasons for the delay; the anticipated duration of the delay; all actions taken or
to be taken to prevent or minimize the delay; a schedule for implementation of any measures to
be taken to prevent or mitigate the delay or the effect of the delay; U. S. Steel’s rationale for
attributing such delay to a force majeure event; and a statement as to whether, in the opinion of
U. S. Steel, such event may cause or contribute to an endangerment to public health, welfare, or
the environment. U. S. Steel shall include with any notice all available documentation
supporting the claim that the delay was attributable to a force majeure event. Failure to comply
with the above requirements shall preclude U. S. Steel from asserting any claim of force majeure
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for that event for the period of time of such failure to comply, and for any additional delay
caused by such failures. U. S. Steel shall be deemed to know of any circumstance of which U. S.
Steel, any entity controlled by U. S. Steel, or U. S. Steel’s contractors knew or reasonably should
have known.
If EPA, after reasonable opportunity for review and comment by the State, agrees
that the delay or anticipated delay is attributable to a force majeure event, the time for
performance of the obligations under this Consent Decree that are affected by the force majeure
event will be extended by EPA, after a reasonable opportunity for review and comment by the
State, for such time as is necessary to complete those obligations. An extension of the time for
performance of the obligations affected by the force majeure event shall not, of itself, extend the
time for performance of any other obligation. EPA will notify U. S. Steel in writing of the length
of the extension, if any, for performance of the obligations affected by the force majeure event.
If EPA, after a reasonable opportunity for review and comment by the State, does
not agree that the delay or anticipated delay has been or will be caused by a force majeure event,
EPA will notify U. S. Steel in writing of its decision.
If U. S. Steel elects to invoke the dispute resolution procedures set
forth in Section XV (Dispute Resolution), it shall do so no later than fifteen (15) Days after
receipt of EPA’s notice. In any such proceeding, U. S. Steel shall have the burden of
demonstrating by a preponderance of the evidence that the delay or anticipated delay has been or
will be caused by a force majeure event, that the duration of the delay or the extension sought
was or will be warranted under the circumstances, that best efforts were exercised to avoid and
mitigate the effects of the delay, and that U. S. Steel complied with the requirements of
Paragraphs 47 and 48 above. If U. S. Steel carries this burden, the delay at issue shall be deemed

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not to be a violation by U. S. Steel of the affected obligation of this Consent Decree identified to
EPA, and the Court.
Permits. Where any compliance obligation under this Section requires U. S. Steel
to obtain a federal, state, or local permit or approval, U. S. Steel shall submit timely and
complete applications and take all other actions necessary to obtain all such permits or approvals.
U. S. Steel may seek relief under the provisions of this Section (Force Majeure) for any delay in
the performance of any such obligation resulting from a failure to obtain, or a delay in obtaining,
any permit or approval required to fulfill such obligation, if U. S. Steel submitted timely and
complete applications and has taken all other actions necessary to obtain all such permits or
approvals.
XV.

DISPUTE RESOLUTION

Informal Dispute Resolution. Unless otherwise expressly provided for in this
Consent Decree, the dispute resolution procedures of this Section shall be the exclusive
mechanism to resolve disputes arising under or with respect to this Consent Decree. Any dispute
subject to Dispute Resolution under this Consent Decree shall first be the subject of informal
negotiations. The dispute shall be considered to have arisen when U. S. Steel sends the United
States a written Notice of Dispute. U. S. Steel shall provide a copy of the Notice of Dispute to
IDEM. The period of informal negotiations shall not exceed twenty (20) Days from the date the
dispute arises, unless that period is modified by written agreement. If the Parties cannot resolve
a dispute by informal negotiations, then the United States, after consulting with IDEM, shall
provide U. S. Steel with a written summary of its position regarding the dispute. The position
advanced by the United States shall be considered binding unless, within thirty (30) Days after
the conclusion of the informal negotiation period, U. S. Steel invokes formal dispute resolution
procedures as set forth below.
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Formal Dispute Resolution. U. S. Steel shall invoke formal dispute resolution
procedures, within the time period provided in the preceding Paragraph, by serving on the United
States a written Statement of Position regarding the matter in dispute. U. S. Steel shall provide a
copy of the Statement of Position to IDEM. The Statement of Position shall include, but need not
be limited to, any factual data, analysis, or opinion supporting U. S. Steel’s position and any
supporting documentation relied upon by U. S. Steel.
The United States, after consulting with IDEM, shall serve its Statement of
Position within forty-five (45) Days of receipt of U. S. Steel’s Statement of Position. The
Statement of Position shall include, but need not be limited to, any factual data, analysis, or
opinion supporting that position and any supporting documentation relied upon by the United
States. The United States’ Statement of Position shall be binding on U. S. Steel, unless U. S.
Steel files a motion for judicial review of the dispute in accordance with the following
Paragraph.
U. S. Steel may seek judicial review of the dispute by filing with the Court and
serving on the United States, in accordance with Section XIX (Notices), a motion requesting
judicial resolution of the dispute. The motion must be filed within thirty (30) Days of receipt of
the Statement of Position pursuant to the preceding Paragraph. The motion shall contain a
written statement of U. S. Steel’s position on the matter in dispute, including any supporting
factual data, analysis, opinion, or documentation, and shall set forth the relief requested and any
schedule within which the dispute must be resolved for orderly implementation of the Consent
Decree.

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The United States, after consulting with IDEM, shall respond to U. S. Steel’s
motion within the time period allowed by the Local Rules of this Court. U. S. Steel may file a
reply memorandum, to the extent permitted by the Local Rules.
Standard of Review. In any dispute brought under this Section (Dispute
Resolution), U. S. Steel shall bear the burden of proof pursuant to applicable principles of law.
The invocation of dispute resolution procedures under this Section shall not, by
itself, extend, postpone, or affect in any way any obligation of U. S. Steel under this Consent
Decree, unless and until final resolution of the dispute so provides. Stipulated penalties with
respect to the disputed matter shall continue to accrue from the first Day of noncompliance, but
payment shall be stayed pending resolution of the dispute as provided in Paragraph 43. If U. S.
Steel does not prevail on the disputed issue, stipulated penalties shall be assessed and paid as
provided in Section XIII (Stipulated Penalties).
XVI. INFORMATION COLLECTION AND RETENTION
The United States and the State and their representatives, including attorneys,
contractors, and consultants, shall have the right of entry into the Facility, at all reasonable times,
upon presentation of credentials, to:
a.
b.

Monitor the progress of activities required under this Consent Decree;
Verify any data or information submitted to the United States in

accordance with the terms of this Consent Decree;
c.

Obtain samples, and, upon request, splits of any samples taken by U. S.

Steel or its representatives, contractors, or consultants;
d.

Obtain documentary evidence, including photographs and similar data;

e.

Assess U. S. Steel’s compliance with this Consent Decree.

and

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In conducting such information collection, the United States and the State, and
their representatives, including attorneys, contractors, and consultants, shall comply with all of
U. S. Steel’s safety requirements for all personnel entering U. S. Steel’s facility.
Until five years after the termination of this Consent Decree, U. S. Steel shall
retain, and shall instruct its contractors and agents to preserve, all non-identical copies of all
documents, records, or other information (including documents, records, or other information in
electronic form) in its or its contractors’ or agents’ possession or control, or that come into its or
its contractors’ or agents’ possession or control, and that relate in any manner to U. S. Steel’s
performance of its obligations under this Consent Decree. This information-retention
requirement shall apply regardless of any contrary corporate or institutional policies or
procedures. At any time during this information-retention period, upon request by the United
States or the State, U. S. Steel shall provide copies of any documents, records, or other
information required to be maintained under this Paragraph. U. S. Steel may assert that certain
documents, records, or other information is privileged under the attorney-client privilege or any
other privilege recognized by federal law. If U. S. Steel asserts such a privilege, it shall provide
the following: (a) the title of the document, record, or information; (b) the date of the document,
record, or information; (c) the name and title of each author of the document, record, or
information; (d) the name and title of each addressee and recipient; (e) a description of the
subject of the document, record, or information; and (f) the privilege asserted by U. S. Steel.
At the conclusion of the information-retention period provided in the preceding
Paragraph, U. S. Steel shall notify the United States and the State at least ninety (90) Days prior
to the destruction of any documents, records, or other information subject to the requirements of
the preceding Paragraph and, upon request by the United States or the State, U. S. Steel shall

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deliver any such documents, records, or other information to EPA or the State. U. S. Steel may
assert that certain documents, records, or other information is privileged under the attorney-client
privilege or any other privilege recognized by federal law. If U. S. Steel asserts such a privilege,
it shall provide the following: (a) the title of the document, record, or information; (b) the date of
the document, record, or information; (c) the name and title of each author of the document,
record, or information; (d) the name and title of each addressee and recipient; (e) a description of
the subject of the document, record, or information; and (f) the privilege asserted by U. S. Steel.
This Consent Decree in no way limits or affects any right of entry and inspection,
or any right to obtain information, held by the United States or the State, pursuant to IC 13-18-39 or any other applicable federal or state laws, regulations, or permits, nor does it limit or affect
any duty or obligation of U. S. Steel to maintain documents, records, or other information
imposed by applicable federal or state laws, regulations, or permits.
XVII. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS
Covenant Not to Sue by United States and the State. Except as specifically
provided in this Section, and in consideration of the Work to be performed and the payment of
Past Response Costs, NRD Assessment Costs, and SURPA Response Costs and Damages by
U. S. Steel under this Consent Decree, the United States and the State covenant not to sue or to
take administrative action pursuant to Section 107 of CERCLA; 42 U.S.C. § 9607; Section 3 of
SURPA, 54 U.S.C. § 100723; and IC 13-25-4-8(a)(3), against U. S. Steel for 1) Past Response
Costs as a result of the April 11, 2017 Spill; 2) Natural Resource Damages resulting from or
relating to releases of hazardous substances at or from the Midwest Plant Facility as a result of
the April 11, 2017 Spill; and 3) SURPA Response Costs and Damages as a result of the April 11,
2017 Spill. This covenant not to sue is not effective until, and is conditioned upon, complete and

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satisfactory performance by U. S. Steel of its obligations under this Consent Decree. This
covenant not to sue extends only to U. S. Steel and does not extend to any other person.
Covenant Not to Sue by U. S. Steel. U. S. Steel covenants not to sue and agrees
not to assert any claims or causes of action against the United States and the State or their
employees, representatives or contractors with respect to the April 11, 2017 Spill, including
Natural Resource Damages, and this Consent Decree, including, but not limited to:
a.

any direct or indirect claim for reimbursement from the EPA Hazardous

Substance Superfund in connection with the April 11, 2017 Spill through CERCLA Sections
106(b)(2), 107, 111, 112, or 113, 42 U.S.C. §§ 9606(b)(2), 9607, 9611, 9612, or 9613, or any
other provision of law;
b.

any claims under CERCLA Section 107 or 113, RCRA Section 7002(a),

42 U.S.C. § 6972(a), or state law regarding this Consent Decree, or any claims arising out of
response actions at or in connection with the April 11, 2017 Spill, including any claim under the
United States Constitution, the Tucker Act, 28 U.S.C. § 1491, the Equal Access to Justice Act,
28 U.S.C. § 2412, or at common law; and
c.

any claims relating to Natural Resource Damages and SURPA Response

Costs and Damages, including but not limited to claims for reimbursement of any payment for
NRD Assessment Costs or SURPA Response Costs and Damages, pursuant to Sections 107 and
113 of CERCLA, 42 U.S.C. §§ 9607 and 9613; or IC 13-25-4-8(a)(3).
This Consent Decree resolves the civil claims of the United States and the State of
Indiana for the CWA, EPCRA and applicable State law violations alleged in the Complaint filed
in this action through the Date of Lodging.

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The United States and State of Indiana reserve all legal and equitable remedies
available to enforce the provisions of this Consent Decree, except as expressly stated in
Paragraph 67. This Consent Decree shall not be construed to limit the rights of the United States
and the State to obtain penalties or injunctive relief under the CWA, EPCRA and applicable
State law, their implementing regulations, or regulations authorized by the CWA, EPCRA and
applicable State law, or under other federal or state laws, regulations, or permit conditions except
as specifically stated in Paragraph 67. The United States and the State further reserve all legal
and equitable remedies to address any imminent and substantial endangerment to the public
health or the environment arising at, or posed by, the Midwest Plant Facility, whether or not
related to the violations addressed in this Consent Decree or otherwise.
In any subsequent administrative or judicial proceeding initiated by the United
States, or the State of Indiana for injunctive relief, civil penalties, or other appropriate relief
relating to the Midwest Plant Facility, U. S. Steel shall not assert, and may not maintain, any
defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue
preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that
the claims raised by the United States or Indiana in the subsequent proceeding were or should
have been brought in the instant case, except with respect to claims that have been resolved
pursuant to Paragraph 67. This Consent Decree is not a permit, or a modification of any permit,
under any federal, State, or local laws or regulations. U. S. Steel is responsible for achieving and
maintaining complete compliance with all applicable federal, State, and local laws, regulations,
and permits; and U. S. Steel’s compliance with this Consent Decree shall be no defense to any
action commenced pursuant to any such laws, regulations, or permits, except as set forth herein.
The United States and the State of Indiana do not, by their consent to the entry of this Consent

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Decree, warrant or aver in any manner that U. S. Steel’s compliance with any aspect of this
Consent Decree will result in compliance with the provisions of the CWA, EPCRA and
applicable State law, or with any other provisions of federal, State, or local laws, regulations, or
permits.
This Decree does not limit or affect the rights of the United States and the State of
Indiana against any third parties not party to this Consent Decree nor does it limit the rights of
third parties not party to this Consent Decree against U. S. Steel, except as otherwise provided by
law.
This Decree shall not be construed to create any rights in, or grant any cause of
action to, any third party not party to this Consent Decree.
XVIII.

COSTS

The Parties shall bear their own costs of this action, including attorneys’ fees,
except that the United States and the State of Indiana shall be entitled to collect the costs
(including attorneys’ fees) incurred in any action necessary to collect any portion of the civil
penalty or any stipulated penalties due but not paid by U. S. Steel.
XIX. NOTICES
Unless otherwise specified in this Decree, whenever notifications, submissions, or
communications are required by this Consent Decree, they shall be made in writing and
addressed to:
The United States
U.S. Department of Justice by email:
Eescdcopy.enrd@usdoj.gov
Re: DJ # 90-5-2-1-06476/1

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U.S. Department of Justice by mail:
EES Case Management Unit
Environment and Natural Resources Division
U.S. Department of Justice
Box 7611
Washington, D.C., 20044-7611
Re: DJ # 90-5-2-1-06476/1
U.S. EPA:
U.S. EPA by email:
R5weca@epa.gov
Re: U. S. Steel Midwest Plant
U.S. EPA by mail:
Chief, Water Enforcement and Compliance Assurance Branch
(WC-15J)
U.S. Environmental Protection Agency, Region 5
77 West Jackson Blvd.
Chicago, IL 60604
and
Office of Regional Counsel (C-14J)
U.S. Environmental Protection Agency
77 West Jackson Blvd.
Chicago, IL 60604

NOAA:
NOAA by email:
grant.blumberg@noaa.gov
NOAA by mail:
NOAA/U.S. Department of Commerce
Attn: Grant Blumberg
Natural Resources Section
NOAA Office of General Counsel
1315 East-West Highway
SSMC3, Room 15104
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Silver Spring, MD 20910-3282
NPS:
Karen Battle Sanborn
Damage Assessment Case Officer
WASO/EQD/Resource Protection Branch
National Park Service1201 Oak Ridge Drive
Fort Collins, CO 80525
State of Indiana:
Chief, Environmental Section
Office of the Attorney General
Indiana Government Center South
5th Floor
402 West Washington Street
Indianapolis, IN 46204
and
Chief, Compliance Branch
Indiana Department of Environmental Management
Office of Water Quality, Mail Code 65-40
100 North Senate Avenue
Indianapolis, IN 46204-2251
and
Office of Legal Counsel
Mail Code 60-01
100 North Senate Street
Indianapolis, IN 46204-2251

U. S. Steel:
General Manager, Environmental Affairs
United States Steel Corporation
Penn Liberty Plaza I
1350 Penn Avenue, Suite 200
Pittsburgh, PA 15222-4211
Assistant General Counsel, Environmental
United States Steel Corporation
600 Grant Street - Suite 1500
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Pittsburgh, PA 15219
General Manager
U. S. Steel – Midwest Plant
6300 U.S. Route 12
Portage, IN 46368
Director, Plant Environmental
U. S. Steel – Midwest Plant
One North Broadway
Gary, IN 46402

Any Party may, by written notice to the other Parties, change its designated notice
recipient or notice address provided above.
Notices submitted pursuant to this Section shall be deemed submitted upon
mailing, unless otherwise provided in this Consent Decree or by mutual agreement of the Parties
in writing.
XX.

RETENTION OF JURISDICTION

The Court shall retain jurisdiction over this case until termination of this Consent
Decree, for the purpose of resolving disputes arising under this Decree or entering orders
modifying this Decree, pursuant to Sections XV (Dispute Resolution) and XXI (Modification),
or effectuating or enforcing compliance with the terms of this Decree.
XXI. MODIFICATION
The terms of this Consent Decree, including any attached appendices, may be
modified only by a subsequent written agreement signed by all of the Parties. Where a
modification by the Parties constitutes a material change to this Decree, it shall be effective only
upon approval by the Court.
Any disputes concerning modification of this Decree shall be resolved pursuant to
Section XV (Dispute Resolution), provided, however, that, instead of the burden of proof

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provided by Paragraph 58, the Party seeking the modification bears the burden of demonstrating
that it is entitled to the requested modification in accordance with Federal Rule of Civil
Procedure 60(b).
XXII. TERMINATION
After U. S. Steel has completed all of the requirements of Section VI (Compliance
Requirements); has thereafter maintained satisfactory compliance with this Consent Decree for a
period of at least twenty-four (24) months; has paid Past Response Costs, SURPA Response
Costs and Damages and NRD Assessment Costs; has paid the civil penalty and any accrued
stipulated penalties as required by this Consent Decree; and has complied with all other
requirements of this Consent Decree; then U. S. Steel may, following the effective date of a final
NPDES Permit for the Facility that contains the requirements of Paragraphs 10 and 12 of this
Consent Decree, serve upon the United States and the State a Request for Termination, stating
that U. S. Steel has satisfied those requirements, together with all necessary supporting
documentation.
Following receipt by the United States and the State of Indiana of U. S. Steel’s
Request for Termination, the Parties shall confer informally concerning the Request and any
disagreement that the Parties may have as to whether U. S. Steel has satisfactorily complied with
the requirements for termination or partial termination of this Consent Decree. If the United
States, after consultation with the State, agrees that the Decree may be terminated, the Parties
shall submit, for the Court’s approval, a joint stipulation terminating the Decree.
If the United States, after consultation with the State, does not agree that the
Decree may be terminated, U. S. Steel may invoke Dispute Resolution under Section XV
(Dispute Resolution). However, U. S. Steel shall not seek Dispute Resolution of any dispute
regarding termination until forty-five (45) Days after service of its Request for Termination.
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XXIII.

PUBLIC PARTICIPATION

This Consent Decree shall be lodged with the Court for a period of not less than
thirty (30) Days for public notice and comment in accordance with 28 C.F.R. § 50.7. The United
States and Indiana reserve the right to withdraw or withhold consent if the comments regarding
the Consent Decree disclose facts or considerations indicating that the Consent Decree is
inappropriate, improper, or inadequate. U. S. Steel consents to entry of this Consent Decree
without further notice and agrees not to withdraw from or oppose entry of this Consent Decree
by the Court or to challenge any provision of the Decree, unless the United States and Indiana
have notified U. S. Steel in writing that it no longer supports entry of the Decree.
If for any reason the Court should decline to approve this Consent Decree in the
form presented, this agreement is voidable at the sole discretion of any Party and the terms of the
agreement may not be used as evidence in any litigation between the Parties.
XXIV.

SIGNATORIES / SERVICE

Each undersigned representative of U. S. Steel, the State of Indiana, EPA, and the
Assistant Attorney General for the Environment and Natural Resources Division of the
Department of Justice (or his or her designee) certifies that he or she is fully authorized to enter
into the terms and conditions of this Consent Decree and to execute and legally bind the Party he
or she represents to this document.
This Decree may be signed in parts, and its validity shall not be challenged on that
basis. U. S. Steel agrees to accept service of process by mail with respect to all matters arising
under or relating to this Consent Decree and to waive the formal service requirements set forth in
Rules 4 and 5 of the Federal Rules of Civil Procedure and any applicable Local Rules of this
Court including, but not limited to, service of a summons.

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XXV.

INTEGRATION

This Consent Decree constitutes the final, complete, and exclusive agreement and
understanding among the Parties with respect to the settlement embodied in the Decree and
supersedes all prior agreements and understandings, whether oral or written, concerning the
settlement embodied herein. Other than deliverables that are subsequently submitted and
approved pursuant to this Decree, no other document, nor any representation, inducement,
agreement, understanding, or promise, constitutes any part of this Decree or the settlement it
represents, nor shall it be used in construing the terms of this Decree.
XXVI.

APPENDICIES

The following Appendices are attached to and part of this Consent Decree:
Appendix A

Map of United States Steel Corporation’s Midwest Plant Facility.

Appendix B: Midwest Spill Evaluation and External Reporting Requirements.
XXVII. FINAL JUDGMENT
Upon approval and entry of this Consent Decree by the Court, this Consent
Decree shall constitute a final judgment of the Court as to the United States, the State of Indiana,
and U. S. Steel. The Court finds that there is no just reason for delay and therefore enters this
judgment as a final judgment under Fed. R. Civ. P. 54 and 58.

SO ORDERED THIS __________ DAY OF ___________________, _________.

__________________________________
United States District Judge

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Signature Page for the Consent Decree in United States and the State ofIndiana v. United States Steel
Corporation (N.D. Ind.):

FOR THE UNITED STATES OF AMERICA:

Date

JEFFREY H. WOOD
Acting Assistant Attorney General
Environment and Natural Resources Division
U.S. Department of Justice

_-

Date

~

:~ . LI7 S. ROSEN
Senior Attorney
Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
Washington, DC 20044-7611

~~;,~/

~-~-°

 USDC case 2:18-cv-00127 document 2?1 filed 04/02/18 page 51 of 59

Signature Page for the Consent Decree in United States and the State oflndiana v. United States Steel
Comomz?ion (ND. 1nd,);

FOR THE US. ENVIRONMENTAL PROTECTION AGENCY:

 

Wan-dd

.
/4 I 
T. LEVERETT NELSON
Regional Counsel
U.S. Environmental Protection Agency
Region 5 
77 West Jackson Boulevard
Chicago, IL 60604

r? [xx [42

Date THOMAS J. MARTIN
Associate Regional Counsel
US. Environmental Protection Agency
Region 5 (C-14J)
77 West Jackson Boulevard
Chicago, IL 60604

 

49

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Signature Page for the Consent Decree in United States and the State of Indiana v. United States Steel
Corporation (N .D. Ind):

FOR THE STATE OF INDIANA:



2 24 @5317.)

 

 

BRUNO L. PIGOTT Ix
Commissioner
Indiana Department of Environmental Management
100 North Senate Avenue

Indianapolis, IN 46204

 

   

In iana Department 0 nvironmental Management
10 North Senate Avenue
Indianapolis, IN 46204

i/

Date ORLOFF ERDMANN
Chief Counsel of Litigation
Of?ce of the Indiana Attorney General
Indiana Government Center South
5th Floor
302 West Washington Street
Indianapolis, IN 46204

 

50

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Signature Page for the Consent Decree in United States and the Store of Indiana v. United States Steel
Corporation (ND. Ind.):

FOR THE STATE OF INDIANA:

 

Indiana Department of Environmental Management
100 N. Senate Ave
Indianapolis, IN 46204

0222/43 MVQM

Date JOHN IS

  

est Washington St.
Indianapolis, IN 46204

51

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Signature Page for the Consent Decree in United States and the State of Indiana v. United States Steel

Corporation (ND. Ind.):

7?

FOR ?ll El STATES STE A

.2.. 2m! 7t

-raH RDLFU 

A 0 RPORATION:

 

Date

DEPUTY GENERAL COUNSEL
United States Steel Corporation
600 Grant Street - Suite 1500
Pittsburgh, PA 15219

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APPENDIX A to Consent Decree among the United States of America, State of Indiana, and
the United States Steel Corporation
(N.D. Ind.)

Page 1

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APPENDIX B to Consent Decree among the United States of America, State of Indiana, and
the United States Steel Corporation
(N.D. Ind.)

Midwest Spill Evaluation and External Reporting Requirements
CONSEQUENCES OF NON-COMPLIANCE: Non-compliance with environmental procedures
could result in harm to human health and the environment and may expose the company and
responsible individuals to enforcement actions that could include civil or criminal penalties for
violations of environmental laws, rules and/or permit conditions.
SCOPE: The scope of this procedure includes spills and releases to the environment which may
occur at, or originate from U. S. Steel Midwest facility.
PURPOSE: The purpose of this procedure is to describe the external reporting requirements for
spills or releases of hazardous and non-hazardous materials to the environment.
DEFINITIONS:
CERCLA – Comprehensive Environmental Response, Compensation and Liability Act
EPCRA – Emergency Planning and Community Right to Know Act
NPDES – National Pollution Discharge Elimination System
POTW – publicly owned treatment works
OPPA – Oil Pollution Prevention Act

RESPONSIBILITIES:
U. S. Steel Director, Environmental Control: approval of this procedure

U. S. Steel Environmental Control Managers: implementation of this procedure in response to
environmental incidents.

SAFETY REQUIREMENTS:
None
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GENERAL PROCEDURE:
1. Any reported or observed environmental incident needs to be evaluated to determine
internal and external reporting requirements. Environmental incidents must be immediately
reported to the Load Dispatcher at (219) 763-5151. The Load Dispatcher will contact the
on-call Environmental Control Manager.
2. Spill Evaluation a. The nature of the incident may trigger reporting requirements which can be found
in several different federal, state, and local laws and regulations, as well as permit
requirements.
i. Indiana Spill Rule 327 IAC 2-6.1-1
ii. OPPA
iii. CERCLA
iv. EPCRA
v. Midwest NPDES permit IN0000337
b. Determine which media the release impacted. If the release impacted multiple
media, reporting requirements for all impacted media must be met.
i. Release to ground / soil
ii. Release to water
iii. Release to sanitary sewer
c. Determine whether the material released has an associated CERCLA reportable
quantity (RQ) and/or an EPCRA Extremely Hazardous Substance (EHS) RQ.
i. CERCLA RQ can be found in 40 CFR 302.4 Designation of Hazardous
Substances, or the EPA “list of lists”
ii. RQ for EHS as defined in EPCRA Section 302 may be found in 40 CFR
355, Appendices A and B; as well as the EPA “List of Lists.”
3. Spill/Release Reporting Requirements – this section describes reporting requirements for
spills and releases. Note that a spill or release may fit more than one description, and so
the reporting requirements for all applicable descriptions must be met.
a. Spill or release to ground or soil
i. If CERCLA RQ is exceeded
1. Notify the National Response Center (NRC) at 800-424-8802
2. Notify the Indiana Department of Environmental Management
(IDEM) at 888-233-7745
3. Notify the State Emergency Planning Committee at (satisfied by
notifying IDEM and the LEPC)
4. Notify the Local Emergency Planning Committee at 219-465-3593
(office) or 219-477-3000 (24 hours; Porter Country Sherriff’s Dept.)
ii. If RQ for an EPCRA EHS is exceeded but the CERCLA RQ was not
exceeded
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1. Notify the State Emergency Planning Committee at (satisfied by
notifying IDEM and the LEPC)
2. Notify the Local Emergency Planning Committee at 219-465-3593
(office) or 219-477-3000 (24 hours; Porter Country Sherriff’s Dept.)
iii. For petroleum spills when the spilled amount exceeds one thousand (1,000)
gallons.
1. Notify IDEM at 888-233-7745
iv. For any spills or releases to soil outside of plant boundaries require
reporting under the Indiana Spill Rule, 327 IAC 2-6.1-7
1. Notify the owner or owners, operator or operators, or occupant or
occupants.
b. Spill or release to water
i. If a release meets the definition of a Spill under the Indiana Spill Rule, 327
IAC 2-6.1-1, which applies to the reporting and containment of, and the
response to those spills of hazardous substances, extremely hazardous
substances, petroleum, and objectionable substances that are of a quantity,
type, duration and in a location as to damage the waters of the state. ("Spill"
means any unexpected, unintended, abnormal, or unapproved dumping,
leakage, drainage, seepage, discharge or other loss of petroleum, hazardous
substances, extremely hazardous substances, or objectionable substances.
The term does not include releases to impermeable surfaces when the
substance does not migrate off the surface or penetrate the surface and enter
the soil. 327 IAC 2-6.1-4)
1. Notify IDEM at 888-233-7745
2. Notify the nearest downstream water user located within 10 miles of
the Spill within Indiana boundaries (327 IAC 2-6.1-7). In addition,
in the event of a Spill, notification will be given to:
a. Indiana Dunes National Lakeshore
(National Park Service) 219-395-1077
b. Indiana American Water 800-492-8373
c. Notify the City of Chicago, Bureau of Water Supply, at 312744-7733
d. Notify the City of Portage at (219) 762-5425; and (219) 7439706
e. Notify the Town of Ogden Dunes at (773) 793-3155; and
(219) 771-8632
f. Notify the Port of Indiana-Burns Harbor at (219) 734-7076
ii. If CERCLA RQ is exceeded
1. Notify the National Response Center (NRC) at 800-424-8802
2. Notify IDEM at 888-233-7745
3. Notify the State Emergency Planning Committee (satisfied by
notifying IDEM and the LEPC)

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4. Notify the Local Emergency Planning Committee at 219-465-3593
(office) or 219-477-3000 (24 hours; Porter Country Sherriff’s Dept.)
iii. If RQ for an EPCRA EHS is exceeded (but the CERCLA RQ was not
exceeded)
1. Notify the State Emergency Planning Committee (satisfied by
notifying IDEM and the LEPC)
2. Notify the Local Emergency Planning Committee at 219-465-3593
(office) or 219-477-3000 (24 hours; Porter Country Sherriff’s Dept.)
iv. If the release caused an excursion of Narrative Water Quality Standards
(detailed in NPDES Permit IN0000337) on the receiving body of water
1. Notify the NRC at 800-424-8802
2. Notify IDEM at 888-233-7745
v. In the event that 1000 gallons of oil are released in a single event, or 2
separate releases of 42 gallons or more of oil occur within a 12-month
period, notification must also be made to the EPA Regional Administrator.
c. Spill or release to sanitary sewer (POTW)
i. Notify the City of Portage POTW at 219-762-1301 (during business hours)
or 219-743-5626 (Treatment Plant Superintendent Cell Phone)
d. Priority of Emergency Response Actions and Notification
i. In accordance with 327 IAC 2-6.1-8, emergency spill response actions take
precedence over reporting requirements, and when emergency spill response
activities render spill reporting inconsistent with effective response
activities, communication of the spill report to the Indiana Department of
Environmental Management may be delayed.

APPROVAL:

Approved for use:
Director, Environmental Control

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