EPA v. NORFOLK SOUTHERN RAILWAY CORPORATION

Case summary

4/5/16 - OIL SPILL EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $4,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. FINDINGS AND ALLEGED VIOLATIONS: ON OR ABOUT FEBRUARY 13, 2015, RESPONDENT DISCHARGED APPROXIMATELY 3,000 GALLONS OF OIL, INTO OR UPON DRY BRANCH AND/OR ADJOINING SHORELINES. THE EPA OBTAINED THIS INFORMATION FROM THE EPA ON-SCENCE COORDINATOR'S POLLUTION REPORT. DRY BRANCH FLOWS INTO THE COOSA RIVER, WHICH IS A NAVIGABLE WATER OF THE U.S. , AND IS SUBJECT TO THE JURISDICTION OF SECTION 311 OF THE CWA. RESPONDENT'S DISCHARGE OF OIL ON OR ABOUT FEBRUARY 13, 2015, FROM ITS FACILITY CAUSED A FILM OR DISCOLORATION OF THE SURFACE OF DRY BRANCH, AND/OR UPON THE ADJOINING SHORELINES, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.1. RESPONDENT'S DISCHARGE OF OIL ON OR ABOUT FEBRUARY 13, 2015, FROM ITS FACILITY CAUSED A FILM OR DISCOLORATION OF THE SURFADCE OF DRY BRANCH AND/OR UPON THE ADJOINING SHORELINES, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3, WHICH IMPLEMENTS SECTION 311(b)(3) AND (4). RESPONDENT'S DISCHARGE OF OIL ON OR ABOUT FEBRUARY 13, 2015, FROM ITS FACILITY INTO OR UPON DRY BRANCH, AND/OR ADJOINING SHORELINES WHICH EVENTUALLY FLOWS INTO THE COOSA RIVER, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL 40 CFR SECTION 110.3. RESPONDENT THEREFORE VIOLATED SECTION 311(b)(3) OF THE CWA.

Defendants (1)

• NORFOLK SOUTHERN RAILWAY CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• OIL SPILL (NORFOLK SOUTHERN RAILWAY COMPANY)

  31972 HIGHWAY 24 NORTH, WILSONVILLE, AL, 35186

  Registry ID: 110067641564

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• NORFOLK SOUTHERN RAILWAY CORPORATIONentered 2016-04-05

  Primary law: CWA

  Federal penalty: $4,500

Timeline (3 milestones)

• 2016-04-05Final Order Issued
• 2016-04-05Complaint Filed/Proposed Order
• 2016-05-03Enforcement Action Data Entered