EPA v. NORFOLK SOUTHERN RAILWAY CO

Case summary

ADMINISTRATIVE SETTLEMENT AND ORDER ON CONSENT FOR REMOVAL RESPONSE ACTION. ON JUNE 26, 2009, THE ACTING DIRECTOR OF HE HAZARDOUS SITES CLEANUP DIVISION SIGNED AN ADMINISTRATIVE SETTLEMENT AND ORDER ON CONSENT ( AOC ) FOR REMOVAL RESPONSE ACTION WITH NORFOLK SOUTHERN RAILWAY COMPANY ( NORFOLK SOUTHERN RAILWAY COMPANY ( NORFOLK SOUTHERN ), AT THE OLD ATHENS TURNPIKE TURNPIKE LEAD SITE ( SITE ) IN PRINCETON, MERCER COUNTY, WEST VIRGINIA, PURSUANT TO CERCLA SECTIONS 106 AND 122, 42 U.S.C. SECTION 9606 AND 9622. THE AOC REQUIRES NORFOLK SOUTHERN TO CONDUCT A REMOVAL ACTION TO ABATE, MITIGATE AND/OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS SUBSTANCES AT THE SITE, BY REMOVING SOILS AND DEBRIS CONTAIMINATED WITH LEAD ABOVE 440 PPM. THE SITE INCLUDES AN ABANDONED PARCEL OF PROPERTY WITH ELEVATED LEAD CONCENTRATIONS, TO WHICH EPA HAS SOUGHT ACCESS BY REFERRING TO THE DEPARTMENT OF JUSTICE A REQUEST TO OBTAIN A WARRANT UNDER THE AUTHORITY OF CERCLA SECTION 104(a), 42 U.S.C. SECT 9604(a). NORFOLK SOUTHERN WILL HAVE ACCESS TO THE ABANDONED PROPERTY UNDER SUCH WARRANT AS EPA'S AUTHORIZED REPRESENTATIVE, PURSUANT TO SECTION 300.400(d)(3) OF THE NCP, 40 C.F.R. SECTION 300.400(d)(3).

Defendants (1)

• NORFOLK SOUTHERN RAILWAY CONamed in settlement

Facilities (1)

• OLD ATHENS TURNPIKE LEAD SITE

  OLD ATHENS TURNPIKE NORTH OF NORTH WICKHAM AVENUE, PRINCETON, WV, 24740

  Registry ID: 110028260502

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• NORFOLK SOUTHERN RAILWAY COentered 2009-06-26

  Primary law: CERCLA

Timeline (2 milestones)

• 2009-06-26Final Order Issued
• 2009-07-23Enforcement Action Data Entered