The Portage Utility Service Board, composed of seven City Council members, on Dec. 27 called on federal and state officials to hold U.S. Steel accountable for what it alleged are violations of the federal Clean Water Act.

If government officials do not work with Portage to get a consent decree or settlement with U.S. Steel, the board may join an intent to sue filed by the Abrams Environmental Law Clinic at the University of Chicago, said board attorney Ken Elwood.

A letter with the threat from Elwood’s office and signed by board chairman and council President Mark Oprisko, was addressed to the U.S. Environmental Protection Agency, the Indiana Department of Environmental Management and Indiana Attorney General Curtis Hill.

Elwood acknowledges trying to put more controls on U.S. Steel will be an uphill battle.

“We’re hopeful the federal and state governments will step in and make U.S. Steel comply,” Elwood said. “If federal and state governments don’t act, it’s absolutely David versus Goliath.”

The notice of intent to sue was filed by the Abrams law clinic on Nov. 13. It details two hexavalent chromium spills in the Burns Waterway this year and dozens of claims of violations of federal clean water laws.

Any interested parties have until Jan. 13 to join the action. The city of Chicago also filed an intent to sue the steel company.

Portage Mayor James Snyder said utility board members “have good intentions,” but that his office has already begun working on a different options to address the toxic leaks and to prevent them from happening again. He did not give specifics beyond saying it’s walking an economic tightrope.

“My office has been working for a while on a remedy,” Snyder said. “There are hundreds, maybe thousands of families, supported by U.S. Steel in Portage, and we have to find the proper balance to make sure the spillage never happens again and still make sure the families who are supported by the jobs at U.S. Steel also are not negatively affected.”

Oprisko, D-at large, could not be reached for comment, but Elwood said board members acted because they did not think Snyder had done enough.

“The bottom line is the (city) council has had multiple conversations with (Snyder) asking him to act,” Elwood said. “(Snyder’s) failure to act is what has caused the USB to take action they have.”

Michael Gonzalez is a freelance reporter.