EPA v. ALICEVILLE TRAIN DERAILMENT, ALABAMA & GULF COAST RAILWAY, LLC

Case summary

11/18/13 - REMOVAL ADMINISTRATIVE ORDER ISSUED. THIS ORDER REQUIRES PERFORMANCE OF REMOVAL ACTIONS IN CONNECTION WITH A TRAIN DERAILMENT LOCATED AT OR NEAR HWY 14 AND HWY 2 IN ALICEVILLE, PICKENS COUNTY, AL. THIS ORDER REQUIRES THE RESPONDENT TO IMMEDIATELY CONDUCT REMOVAL OF A DISCHARGE OR TO MITIGATE OR PREVENT A SUBSTANTIAL THREAT OF A DISCHARGE OF OIL. THE FACILITY IS A 26-CAR TRAIN DERAILMENT AT MILEPOST 683 LOCATED AT OR ABOUT INTERSECTION OF HWY 14 AND HWY 2 IN ALICEVILLE, AL. SHORTLY AFTER 12 A.M. ON FRI, NOV 8, A 90-CAR UNIT TRAIN CARRYING CRUDE OIL ENROUTE FROM AMORY, MS TO WALNUT HILL, FL, DERAILED NEAR ALICEVILLE, AL. 26 TANKER CARS FILLED WITH CRUDE OIL DERAILED INTO A WETLAND SLOUGH AT THE HEAD WATERS OF AN UNNAMED TRIBUTARY OF LUBBUB CREEK. LUBBUB CREEK DISCHARGES INTO THE TOMBIGBEE RIVER. ALL OF THESE WATERS ARE CONSIDERED NAVIGABLE WATERS OF THE U.S LUBBUB CREEK CONTAINS MULTIPLE THREATENED AND ENDANGERED SPECIES ACCORDING TO THE DEPT OF LABOR. RESPONDENT IS THE OWNER AND/OR OPERATOR OF THE FACILITY OR VESSEL FROM WHICH THE DISCHARGE OR SUBSTANTIAL THREAT OF A DISCHARGE OF OIL INTO OR ON THE NAVIGABLE WATER OR ON THE ADJOINING SHORELINES TO THE NAVIGABLE WATERS TOOK PLACE. RESPONDENT RECEIVED A NOTICE OF FEDERAL INTEREST (NOFI) ON FRI, NOV 8, 2013. SINCE NOV 8, 2013, RESPONSE HAS BEEN UNDER THE DIRECTION OF USEPA OSC JORDAN GARRARD AND THE RESPONDENT HAS BEEN A MEMBER OF UNIFIED COMMAND. WORK TO BE PERFORMED: RESPONDENT MUST PERFORM THE WORK NECESSARY TO COMPLETE THE TASKS DESCRIBED BELOW WITHIN THE DATES SPECIFIED AND IN ACCORDANCE WITH THE NCP, 40 CFR PART 300. RESPONDENT MUST TAKE THE FOLLOWING IMMEDIATE STABILIZATION AND MITIGATION ACTIONS: - CONTINUE TO PREVENT THE MITIGATION OF OIL INTO LUBBUB CREEK OR OTHER SURROUNDING WATER BODIES; - COMPLETE ALL PRODUCT TRANSFERS BY 1800 ON THUR, NOV 21, 2013; - MOVE ALL RAIL CARS OUT OF WATER TO A LAND BASED POSITION BY 1800 FRI, NOV 22, 2013. LOCATION OF RAIL CARS SHOULD NOT DISCHARGE OIL INTO A NAVIGABLE WATER BODY; - COMPLETE OIL RECOVERY OPERATIONS ALONG WEST SIDE OF RAIL LINE, EXCEPT FOR EXCAVATION OF IMPACTED SOILS BY 1800 ON WED, NOV 20, 2013; - BEGIN LONG-TERM O&M OF BOOM AND ABSORBENTS ON WEST SIDE OF THE RAIL LINE BY 1800 ON WED, NOV 20, 2013; -- COMPLETE OIL RECOVERY OPERATIONS ALONG THE EAST SIDE OF RAIL LONE, EXCEPT FOR EXCAVATION OF IMPACTED SOILS BY TUES, NOV 26, 2013; - BEGIN LONG-TERM O&M OF BOOM AND ABSORBENTS ON EAST SIDE OF THE RAIL LONE BY 1800 ON TUES, NOV 26, 2013; EXCAVATE ALL IMPACTED SOILS ALONG RAIL LINE BY MON, DEC 9, 2013; - CONTINUE THE DEPLOYMENT OF APPROPRIATE OIL RECOVERY AND CONTAINMENT DEVICES AND EQUIPMENT; E.G. SKIMMERS, VACUUM TRUCKS, ABSORBENT/CONTAINMENT BOOMS; - COMPLETE AN ANALYTICAL/SUMMATION OF TOTAL OIL ESTIMATED TO BE DISCHARGED, BURNED, TRANSFERRED, AND RECOVERED; - SUBMIT A FINAL REPORT TO USEPA DETAILING ALL WORK COMPLETED INCLUDED MONITORING AND ANALYTICAL DATA, DISPOSAL RECORDS, AND ALL DOCUMENTATION RELATED TO THE RESPONSE BY MAR 3, 2014. RESPONDENT MUST DEVELOP AND SUBMIT TO USEPA FOR APPROVAL A WORK PLACE THAT INCLUDE A SCHEDULE FOR COMPLETING THE TASKS DESCRIBED BELOW. RESPONDENT MUST CONTINUE REMEDIATION WORK WHILE AWAITING APPROVAL OF THE WORKPLAN. TASKS INCLUDE: - LONG-TERM O&M PLAN; - SITE RESTORATION PLAN, INCLUDING WETLANDS. RESPONDENT MUST ALSO MEET REPORTING REQUIREMENTS AND PROVIDE ACCESS TO THE PROPERTY AND TO ALL DOCUMENTS RELATED TO CONDITIONS AT THE FAICLITY.

Defendants (1)

• ALABAMA & GULF COAST RAILWAY, LLCNamed in settlement

Facilities (1)

• ALICEVILLE TRAIN DERAILMENT

  HIGHWAY 14 AND HIGHWAY 2, ALICEVILLE, AL, 35442

  Registry ID: 110056974430

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• ALICEVILLE TRAIN DERAILMENT, ALABAMA GULF COAST RAILWAY, LLCentered 2013-11-18

  Primary law: CWA

Timeline (2 milestones)

• 2013-11-18Final Order Issued
• 2014-01-14Enforcement Action Data Entered