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

Case summary

On September 3, 2020, the U.S. Department of Justice, on behalf of the U.S. EPA and State of Alabama, filed a joint Stipulation of Settlement and Complaint with Alabama and Gulf Coat Railway, LLC (AGR), in the U.S. District Court for the Northern District of Alabama resolving violations of Section 311 of the Clean Water Act, as well as related state claims pursuant to the Alabama Water Pollution Control Act and the Alabama Environmental Management Act. The violations stem from a 2013 train derailment near Aliceville, Alabama, that discharged crude oil into an adjacent wetland and adjoining shorelines. The Stipulation requires AGR to pay a civil penalty of $2,075,000, split evenly among the United States and Alabama, and will become effective when the Court enters an order approving it. ALABAMA & GULF COAST RAILWAY, LLC, IS THE OWNER/OPERATOR OF A TRAIN WHICH DERAILED ON OR ABOUT NOV 7, 2013, NEAR ALICEVILLE, PICKENS COUNTY, AL, DISCHARGING APPROX 12,851 BARRELS OF CRUDE OIL INTO A PERENNIAL TRIBUTARY OF LUBBUB CREEK, WHICH DISCHARGES INTO THE TOMBIGBEE RIVER, A NAVIGABLE WATERS OF THE U.S. THIS REFERRAL DESCRIBES EPA'S CASE FOR SEEKING PENALITIES AND INJUNCTIVE RELIEF PURSUANT TO CWA 309 AND 311.

Defendants (1)

• ALABAMA & GULF COAST RAILWAY, LLCNamed in complaintNamed 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, LLC)entered 2020-09-28

  Primary law: CWA

  Federal penalty: $1,037,500 · State/local: $1,037,500

Timeline (7 milestones)

• 2016-09-15Referred To Dept Of Justice
• 2016-10-04Enforcement Action Data Entered
• 2020-09-03Complaint Filed With Court
• 2020-09-03Final Order Lodged
• 2020-09-28Final Order Entered
• 2020-09-28Concluded
• 2020-10-06Enforcement Action Closed