EPA v. USX-GARY

Case summary

USX OWNS AND OPERATES A FULLY INTEGRATED STEEL MILL IN GARY, INDIANA. THE FACILITY DISCHARGES WASTEWATER SUBJECT TO A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT INTO LAKE MICHIGAN AND THE GRAND CALUMET RIVER. THE FACILITY ALSO PROCESSES AND USES SEVERAL TOXIC CHEMICALS AT THE FACILITY WHICH ARE SUBJECT TO EPCRA REPORTING REQUIREMENTS. A LITIGATION REPORT DOCUMENTS ADDITIONAL VIOLATIONS OF THE CWA BY USX SINCE THE ORIGINAL MARCH 31, 1995, LITIGATION REPORT. THESE VIOLATIONS ARE OF THE SAME TYPE AS THOSE DESCRIBED IN THE ORIGINAL REPORT. SPECIFICALLY, USX CONTINUES TO VIOLATE TERMS IN ITS NPDES PERMIT, INCLUDING FINAL EFFLUENT LIMITS AND BYPASS AND MONITORING PROVISIONS, AND HAS HAD A NUMBER OF UNAUTHORIZED DISCHARGES OF OIL FROM ITS GARY WORKS FACILITY. A COMPLAINT HAS NOT YET BEEN FILED IN THIS CASE. IN ADDITION, THE LITIGATION REPORT DOCUMENTS NEWLY DISCOVERED VIOLATIONS OF EPCRA. SPECIFICALLY, USX HAS FAILED TO FILE FORM R REPORTS FOR SEVERAL TOXIC CHEMICALS USED AND PROCESSED AT ITS GARY WORKS FACILITY, IN VIOLATION OF SECTION 313 OF EPCRA, 42 U.S.C. SEC. 11023. THE INJUNCTIVE RELIEF NECESSARY TO RESOLVE THE CWA VIOLATIONS CONSISTS OF AN ORDER COMPELLING ACTIONS TO ASSURE COMPLIANCE WITH EFFLUENT LIMITS APPLICABLE TO THE FACILITY, AS WELL AS MEASURES AND MONITORING REQUIREMENTS TO STOP THE DISCHARGE OF OIL FROM CERTAIN FACILITY OUTFALLS. THE BOTTOM LINE PENALTY OF $1,858,100 REFLECTS THE ECONOMIC BENEFIT OF USX'S NONCOMPLIANCE, PLUS STIPULATED PENALTIES DUE AND OWING, AND IS CONSISTENT WITH U.S. EPA'S CWA AND EPCRA CIVIL PENALTY POLICIES. AS OUTLINED IN DETAIL IN THE ORIGINAL REFERRAL, THE PROPOSED CONSENT DECREE IN THIS CASE INCLUDES A SIGNIFICANT SUPPLEMENTAL ENVIRONMENTAL PROJECT (SEP) FOR WHICH A PENALTY MITIGATION IS RECOMMENDED. THE SEP INVOLVES AN EXTENSIVE SEDIMENT REMEDIATION PROJECT IN THE GRAND CALUMET RIVER. IMPLEMENTATION OF THIS WORK WILL AID IN THE AGENCY'S EFFORTS TO CLEAN UP LAKE MICHIGAN AND IS A HIGH PRIORITY PROJECT FOR REGION 5.

Defendants (1)

• USXNamed in complaintNamed in settlement

Facilities (12)

• UNITED STATES STEEL CORP - GARY WORKS FACILITY

  1 N BROADWAY MS 70, GARY, IN, 46402

  Registry ID: 110000398374

• UNITED STATES STEEL CORP - GARY WORKS FACILITY

  1 N BROADWAY MS 70, GARY, IN, 46402

  Registry ID: 110000398374

• UNITED STATES STEEL CORP - GARY WORKS FACILITY

  1 N BROADWAY MS 70, GARY, IN, 46402

  Registry ID: 110000398374

• UNITED STATES STEEL CORP - GARY WORKS FACILITY

  1 N BROADWAY MS 70, GARY, IN, 46402

  Registry ID: 110000398374

• UNITED STATES STEEL CORP - GARY WORKS FACILITY

  1 N BROADWAY MS 70, GARY, IN, 46402

  Registry ID: 110000398374

• UNITED STATES STEEL CORP - GARY WORKS FACILITY

  1 N BROADWAY MS 70, GARY, IN, 46402

  Registry ID: 110000398374

• UNITED STATES STEEL CORP - GARY WORKS FACILITY

  1 N BROADWAY MS 70, GARY, IN, 46402

  Registry ID: 110000398374

• UNITED STATES STEEL CORP - GARY WORKS FACILITY

  1 N BROADWAY MS 70, GARY, IN, 46402

  Registry ID: 110000398374

• UNITED STATES STEEL CORP - GARY WORKS FACILITY

  1 N BROADWAY MS 70, GARY, IN, 46402

  Registry ID: 110000398374

• UNITED STATES STEEL CORP - GARY WORKS FACILITY

  1 N BROADWAY MS 70, GARY, IN, 46402

  Registry ID: 110000398374

• UNITED STATES STEEL CORP - GARY WORKS FACILITY

  1 N BROADWAY MS 70, GARY, IN, 46402

  Registry ID: 110000398374

• UNITED STATES STEEL CORP - GARY WORKS FACILITY

  1 N BROADWAY MS 70, GARY, IN, 46402

  Registry ID: 110000398374

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• USX-GARYentered 1998-08-06

  Primary law: CWA

  Federal penalty: $2,900,000

Timeline (7 milestones)

• 1995-03-15Enforcement Action Data Entered
• 1995-09-29Referred To Dept Of Justice
• 1996-09-26Complaint Filed With Court
• 1998-08-06Final Order Lodged
• 1998-08-06Final Order Entered
• 2010-01-14Enforcement Action Closed
• 2010-01-14NPDES Closed