EPA v. NORFOLK SOUTHERN RAILWAY COMPANY (NORRIS YARD)

Case summary

8/20/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,200, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT FEB 3, 2005, A MASTER SHOE RETARDER AT THE FACILITY BREACHED THE DIESEL FUEL TANK OF A LOCOMOTIVE ENGINE CAUSING THE RELEASE OF APPROX 14 BARRELS OF DIESEL FUEL ONTO THE RAIL YARD. AN UNKNOWN AMOUNT OF DIESEL FUEL ENTERED THE UNNAMED TRIBUTARY TO SHADES CREEK. THE FUEL CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OF THE UNNAMED TRIBUTARY OF SHADES CREEK AND/OR ITS ADJOINING SHORELINES, AND THEREFORE WAS A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR 110.3, IN VIOLATION OF CWA SEC 311(b)(3).

Defendants (1)

• NORFOLK SOUTHERN RAILWAYNamed in complaintNamed in settlement

Facilities (1)

• OIL SPILL (NORFOLK SOUTHERN NORRIS YARD)

  3 COMMERCIAL PLACE, NORFOLK, VA, 23510

  Registry ID: 110011911869

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• NORFOLK SOUTHERN RAILWAY COMPANY (NORRIS YARD)entered 2009-08-20

  Primary law: CWA

  Federal penalty: $4,200

Timeline (4 milestones)

• 2009-08-20Complaint Filed/Proposed Order
• 2009-08-20Final Order Issued
• 2009-09-15Enforcement Action Data Entered
• 2009-11-17Enforcement Action Closed