EPA v. KANSAS CITY SOUTHERN RAILWAY COMPANY

Case summary

8/15/11 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,270 DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT THE MORNING OF OCT 14, 2009, AS RESPONDENT'S LOCOMOTIVE WAS CROSSING HWY 57, THE DRIVER OF A TRUCK APPROACHING THE RAIL CROSSING FAILED TO YIELD THE RIGHT OF WAY TO RESPONDENT'S LOCOMOTIVE (AN ACTION FOR WHICH THE DRIVER WAS SUBSEQUENTLY CITED BY POLICE) THEREBY CAUSING THE TRUCK TO STRIKE THE LOCOMOTIVE'S FUEL TANK FROM WHICH WAS DISCHARGED APPROX 1,050 GALLONS (I.E., ROUGHLY 25 BARRELS) OF NUMBER 2 DIESEL FUEL OIL FROM THE FACILITY AND INTO OR UPON CHAMBERS CREEK AND/OR ITS ADJOINING SHORELINES. THE DISCHARGE CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OF CHAMBERS CREEK AND/OR ITS ADJOINING SHORELINES.

Defendants (1)

• KANSAS CITY SOUTHERN RAILWAY COMPANYNamed in complaintNamed in settlement

Facilities (1)

• OIL SPILL (KANSAS CITY SOUTHERN DIESEL SPILL)

  RR MILE POST 15, HIGHWAY 57, COUNCE, TN, 38326

  Registry ID: 110044232657

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• KANSAS CITY SOUTHERN RAILWAY COMPANYentered 2011-08-15

  Primary law: CWA

  Federal penalty: $13,270

Timeline (4 milestones)

• 2011-08-15Final Order Issued
• 2011-08-15Complaint Filed/Proposed Order
• 2011-08-24Enforcement Action Closed
• 2011-08-31Enforcement Action Data Entered