EPA v. CSX MOUNT CARBON DERAILMENT

Case summary

ON MARCH 3, 2015, EPA AND CSX TRANSPORTATION, INC. ( CSX TRANSPORTATION ) ENTERED INTO AN ADMINISTRATIVE ORDER ON CONSENT UNDER SECTIONS 311 (C) AND 311 (E) OF THE CWA TO CLEANUP OIL AT THE CSX TRANSPORTATION DERAILMENT SITE IN MOUNT CARBON, WEST VIRGINIA (THE CONSENT ORDER ) . ON FEBRUARY 16, 2015, 27 CARS FROM A CSX TRANSPORATION TRAIN, EACH CARRYING APPROXIMATELY 29,000 GALLONS OF BAKKEN CRUDE OIL OR SWEET CRUDE OIL DERAILED, CAUSING THE DISCHARGE OF OIL AND FIRES AND EXPLOSIONS. DUE TO THE FIRES, WHICH BURNED FOR APPROXIMATELY FIVE DAYS, A RESIDENTIAL HOUSE GARAGE WERE DESTROYED. THE DERAILMENT CAUSED THE RELEASE OF CRUDE OIL ONTO THE SHORELINES OF AND INTO BOTH ARMSTRONG CREEK AND THE KANAWHA RIVER, EPA DETERMIEND THAT THE SPILL POSED A THREAT TO PUBLIC HEALTH OR WELFARE OF THE UNITED STATES DUE TO THE DISCHARGE OR THREAT OF DISCHARGE OF OIL INTO WATERS OF THE UNITED STATE OR THEIR ADJOINING SHORELINES. ALMOST IMMEDIATELY AFTER THE DERAILMENT, CSX, INC., PERSONNEL AND CONTRACTORS COMMENCED EMERGENCY CLEANUP OPERATIONS, UNDER THE OVERSIGHT OF THE U.S. COAST GUARD, EPA, AND THE WEST VIRGINIA DEPARTEMTN FO ENVIRONMENTAL PROTECTIN ( WVDEP ), BY INITIALING MITIGATION EFFORTS, INCLUDING THE DISPATCHING OF BOOM AND THE INSTALLATION OF A METAL SHEET PILE WALL TO LIMIT THE SPREAD OF OIL, THE EXCAVATION OF A RECEPTOR TRENCH, AN THE USE OF VACUUM TRUCKS AND TANKS TO COLLECT OIL MIXED WITH WATER. THE CONSENT ORDER PROVICES FOR THE CONTINUATION OF THESE EFFORTS WITH ONGOING EPA AND WV DEP OVERSIGHT. IN ADDITION, CSX IS REQUIRED TO SUBMIT A RESONSE ACTION PLAN, WHICH WILL PROVIDE LONG-TERM MONITORING IN ORDER TO DETECT AND CHARACTERIZE OIL PRESENT IN ARMSTRONG CREEK, THE KANAWHA RIVER, THEIR TRIBUTARIES AND THEIR ADJOINING SHORELINES, THE EVALUATION AND IMPLEMENTATION OF REMEDIATION TECHNOLOGIES TO MITIGATE OIL CONTAMINATION AND THE COORDINATION OF RESTORATION ACTIVITIES WITH WV DEP, NATURAL RESOURCE TRUSTEES AND LOCAL GOVERNMENTAL AND CITIZEN REPRESENTATIVES. IN ADDITION, UNDER THE CONSENT ORDER, CSX TRANSPORTATION WILL ESTABLISH A PUBLIC AVAILABILITY CENTER AT WHICH IT WILL PROVIDE A DERAILMENT SPILL PUBLIC AWARENESS/EDUCATION PROGRAM FOR RESIDENTS OF THE AFFECTED AREA.

Defendants (1)

• CSX TRANSPORTATION, INC.Named in complaintNamed in settlement

Facilities (1)

• CSX MOUNT CARBON DERAILMENT

  WEST VIRGINIA ROUTE 61, MOUNT CARBON, WV, 25139

  Registry ID: 110063865483

Statutes cited

• CWA 311C2/311E — Emergency Powers Oil Imminent & Substantial Endangerment

Enforcement conclusions (1)

• CSX MOUNT CARBON DERAILMENTentered 2015-03-03

  Primary law: CWA

Timeline (2 milestones)

• 2015-03-03Final Order Issued
• 2015-03-19Enforcement Action Data Entered