EPA v. NORFOLK SOUTHERN RAILWAY COMPANY

Case summary

THE PURPOSE OF THIS REFERRAL IS TO REQUEST THAT DOJ FILED A CIVIL ACTION PURSUANT TO CWA SECTION 311, AS AMENDED BY THE OIL POLLUTION ACT OF 1990, AND CERCLA SECTION 109, SEEKING PENALTIES AND INJUNCTIVE RELIEF AGAINST NORFOLK SOUTHERN RAILWAY COMPANY FOR DISCHARGES OF OIL AND HAZARDOUS SUBSTANCES INTO NAVIGABLE WATERS, SPECIFICALLY BRIDGE CREEK CANAL, BRIDGE CREEK POND, BRIDGE CREEK, FLAT ROCK POND, AND HORSE CREEK AND THEIR TRIBUTARIES, IN AIKEN COUNTY, SC, AND FOR FAILING TO REPORT THESE DISCHARGES TO THE NATIONAL RESPONSE CENTER (NRC) IN A TIMELY MANNER. THE DISCHARGES OCCURRED AS A RESULT OF A TRAIN COLLISION BETWEEN TWO NORFOLK TRAINING ON JANUARY 6, 2005, IN GRANITEVILLE, SC. IN ADDITION, NORFOLK HAS HAD AT LEAST 9 OTHER SMALLER OIL SPILL IN REGION 4 WITHIN THE PAST 5 YEARS FOR WHICH ADDITIONAL INFORMATION IS REQUIRED TO DETERMINE WHETHER AND TO WHAT EXTENT PENALTIES SHOULD BE SOUGHT UNDER THE CWA. The United States filed an Amended Complaint on March 9, 2009, alleging that Norfolk Southern violated Section 311 of the CWA by its discharge of 60 tons of chlorine and 66 barrels of oil into navigable waters of the US, and that Norfolk Southern also violated Section 103 of CERCLA by failing to immediately report the releases to the National Response Center. These violations stemmed from the Graniteville, South Carolina Norfolk Southern train derailment in January 2005. On Monday, March 8, 2010, the U.S. Attorney for the District of South Carolina lodged the Consent Decree (04-2010-C014) resolving the United States’ claims against Norfolk Southern Railway Co. Pursuant to the Consent Decree, Norfolk Southern will pay a penalty of $4 million, perform injunctive relief including ICS training, fish restocking, and response notification, and perform a SEP valued at $100,000 to plant vegetation on the banks of Horse Creek to prevent erosion and sedimentation. Other injunctive relief EPA had initially sought in litigation and in settlement discussions has been addressed by new Department of Transportation rules. These rules require Norfolk Southern and other railroads to implement changes in, among other things, procedures regarding hand operated switches, and carrying breathing equipment on trains carrying toxic chemicals.

Defendants (1)

• NORFOLK SOUTHERN RAILWAY COMPANYNamed in complaintNamed in settlement

Facilities (1)

• NORFOLK SOUTHERN GRANITEVILLE DERAILMENT

  MARSHALL STREET, GRANITEVILLE, SC, 29829

  Registry ID: 110020583377

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• NORFOLK SOUTHERN RAILWAY COMPANY (04-2010-C014)entered 2010-05-17

  Primary law: CWA

  Federal penalty: $4,000,000 · SEP: $100,000

Timeline (7 milestones)

• 2006-09-26Referred To Dept Of Justice
• 2006-09-29Enforcement Action Data Entered
• 2008-04-23Complaint Filed With Court
• 2010-03-08Final Order Lodged
• 2010-05-17Final Order Entered
• 2010-05-17Concluded
• 2011-10-05Enforcement Action Closed