EPA v. Norfolk Southern Railway Co (Oil Spills)

Case summary

4/15/03 - CAFO ISSUED. ALLEGATIONS: ON OR ABOUT APRIL 11, 1999, RESPONDENT DISCHARGED APPROX 10 GALLONS OF OIL FROM ITS FACILITY INTO OR UPON THE FARRAR BRANCH AND OR ADJOINING SHORELINES IN DALTON, GA. ON OR ABOUT AUGUST 24, 1999, RESPONDENT DISCHARGED A TOTAL OF APPROX 80 GALLONS OF OIL FROM ITS FACILITY INTO OR UPON AN UNNAMED TRIBUTARY TO PROCTOR CREEK AND/OR ADJOINING SHORELINES IN ATLANTA, GA. ON OR ABOUT AUGUST 1, 2000, RESPONDENT DISCHARGED APPROX. 1,000 GALLONS OF OIL FROM ITS FACILITY INTO OR UPON TRIBUTARY TO NORTH FORK PEACHTREE CREEK AND NORTH FORK PEACHTREE CREEK AND/OR ADJOINING SHORELINES, IN CHAMBLEE, GA. ON OR ABOUT DECEMBER 6, 2000, RESPONDENT DISCHARGED APPROX. 200 GALLONS OF OIL FROM ITS FACILITY INTO OR UPON AN UNNAMED TRIBUTARY TO ALAPAHA RIVER AND/OR ADJOINING SHORELINES IN JENNINGS, FL. ON OR ABOUT SPETEMBER 15, 2000, RESPONDENT DISCHARGED APPROX. 10,000 GALLONS OF OLEUM (SULFURIC ACID, FUMING, HEREINAFTER OLEUM), FROM ITS FACILITY INTO OR UPON A DRAINAGE DITCH THAT DISCHARGES INTO FORT LOUDON LAKE/TENNESSEE RIVER AND/OR ADJOINING SHORELINES IN FARRAGUT, TN. SAMPLING INDICATED THAT NO OLEUM ENTERED THE FORT LOUDON LAKE/TENNESSEE RIVER. RESPONDENT AGREES TO PAY A PENALTY OF $20,040, DUE WITHIN 30 DA

Defendants (1)

• NORFOLK SOUTHERN RAILWAY CO.Named in complaintNamed in settlement

Facilities (5)

• OLEUM SPILL (NORFOLK SOUTHERN RAILWAY CO.)

  FORT LOUDON LAKE/TENNESSEE RIVER, FARRAGUT, TN, 37922

  Registry ID: 110015757439

• OIL SPILL (NORFOLK SOUTHERN RAILWAY CO.)

  PROCTOR CREEK, ATLANTA, GA, 30318

  Registry ID: 110015757402

• OIL SPILL (NORFOLK SOUTHERN RAILWAY CO.)

  ALAPAHA RIVER, JENNINGS, FL, 32053

  Registry ID: 110015757509

• OIL SPILL (NORFOLK SOUTHERN INMAN YARD)

  FARRAR BRANCH, ATLANTA, GA, 30318

  Registry ID: 110015759525

• OIL SPILL (NORFOLK SOUTHERN RAILWAY CO.)

  NORTH FORK PEACHTREE CREEK, CHAMBLEE, GA, 30341

  Registry ID: 110015757466

Statutes cited

• CWA 311F — Oil Removal Cost Recovery

Enforcement conclusions (1)

• Norfolk Southern Railway Co (Oil Spills)entered 2003-04-15

  Primary law: CWA

  Federal penalty: $20,040

Timeline (3 milestones)

• 2003-04-15Complaint Filed/Proposed Order
• 2003-04-15Final Order Issued
• 2003-07-15Enforcement Action Data Entered