EPA v. NORFOLK SOUTHERN RAILWAY COMPANY, INC.

Case summary

4-19-2016 - OIL SPILL EXPEDITED SETTLEMENT AGREEMENT ISSUES, ASSESSING A PENALTY OF $4,500. VIOLATIONS: ON OR ABOUT MARCH 28, 2012, RESPONDENT DISCHARGED APPROX 2,500 GALLONS OF OIL NEAR MILE POST 296.2 IN RUSSELL COUNTY, AL. THE DISCHARGE REACHED A PERENNIAL WETLANDS AREA WHICH IS ADJACENT TO AND CONTIGUOUS WITH COCHGALECHEE CREEK. EPA OBTAINED THIS INFORMATION FROM THE EPA'S ON-SCENE COORDINATOR'S POLLUTION REPORT. COCHGALECHEE CREEK FLOWS INTO THE CHATTAHOOCHEE RIVER, WHICH IS A NAVIGABLE WATER OF THE U.S. RESPONDENT'S DISCHARGE OF OIL ON OR ABOUT MARCH 28, 2012, FROM ITS FACILITY CAUSED A FILM OR DISCOLORATION OF THE SURFACE OF THE PERENNIAL WETLANDS AND/OR UPON THE ADJOINING SHORELINES, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR 110.3.

Defendants (1)

• NORFOLK SOUTHERN RAILWAY COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• OIL SPILL (NORFOLK SOUTHERN RAILWAY COMPANY, INC.)

  NEAR MILE POST SOUTH 296.2, PHENIX CITY, AL, 36869

  Registry ID: 110067644678

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• NORFOLK SOUTHERN RAILWAY COMPANY, INC.entered 2016-04-19

  Primary law: CWA

  Federal penalty: $4,500

Timeline (4 milestones)

• 2016-04-19Final Order Issued
• 2016-04-19Enforcement Action Closed
• 2016-04-19Complaint Filed/Proposed Order
• 2016-04-21Enforcement Action Data Entered