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Burns Harbor schedules Dec. 17 public hearing on Cleveland‑Cliffs container‑ordinance variance
Summary
Cleveland‑Cliffs asked for variances to the town's container ordinance — seeking to limit paid container counts to 200 and to reduce on‑site inspections; the board scheduled a formal public hearing for Dec. 17 after staff confirmed notifications.
The Burns Harbor board set a public hearing for Dec. 17 to consider Cleveland‑Cliffs' request for two variances related to the town's container ordinance.
A plant manager for Cleveland‑Cliffs told the board the company seeks (1) a variance from the town's on‑site inspection requirement and (2) to limit the number of containers that trigger higher annual fees to 200 containers, which the company said it would pay for on an annual basis. The representative said container counts vary with projects; "we currently have 213," the plant manager said, and added that counts "ebb and flow" by project.
Board members pressed the applicant on why an inspection variance was needed. The plant manager said the site's containers are spread across approximately 3,300 acres of mill property, many located in process areas requiring full PPE, escorts and safety briefings, and argued that multiple audits and OSHA oversight reduce the value of duplicative town inspections. "We're already regulated by OSHA," the manager said, and noted internal audits and safety procedures.
Several board members raised enforceability and liability concerns. One member said the town code (Indiana Building Code provisions cited) allows the building commissioner or authorized representatives to enter properties to perform inspections upon proper credentials. The member warned that declining inspections could expose the town to being named in litigation should an incident occur that plaintiffs contend the town failed to inspect. The board also referenced earlier planning‑commission minutes (Aug. 3, 2020) that flagged enforcement challenges on large, dispersed industrial properties.
Staff confirmed that required neighbor notifications (300‑foot radius) had been corrected and that a formal public hearing could proceed. The board moved to schedule the hearing for Wednesday, Dec. 17 at 6:00 p.m., avoiding the week of Christmas; the motion passed by roll call. The public hearing will allow public comment and provide an opportunity for staff, the applicant and the public to present evidence related to inspection logistics, container counts and fee calculations.
Next steps: the board will hold the Dec. 17 public hearing; staff will publish legal notices as required and record any formal action following that hearing.
