EPA v. Norfolk Southern Railway Company

Case summary

APRIL 10, 2023 - CWA SECTION 311 CLASS II CONSENT AGREEMENT AND FINAL ORDER On October 9, 2019, a multi-car train owned and operated by Respondent derailed along a trestle bridge located near 220 Hwy 247 Spur, Kathleen, Georgia 31047 (Derailment). The Derailment included a locomotive, 29 loaded auto racks, one loaded tank car of tallow oil, one empty hopper car, one loaded hopper car of malt, and two empty flat cars. As a result of the Derailment, Respondent caused the discharge of approximately 50 gallons of diesel fuel from the locomotive, 12,000 gallons of tallow oil from the loaded tank car, and 10 tons of malt from the loaded hopper car (collectively referred to as the Facility) into or upon Mossy Creek and/or its adjoining shorelines, which flows into Big Indian Creek, and then the Ocmulgee and Altamaha Rivers. Respondent responded to the Derailment with oversight by the emergency response programs of the EPA and GEPD. As a result of the discharges, Respondent undertook immediate response measures to contain, remediate, and restore the spill site and adjoining shorelines. These actions were completed to the satisfaction of the Complainant. Based on several visits to the spill site, as well as information provided by Respondent, the EPA confirmed that the discharges of diesel fuel and tallow oil caused a sheen, sludge, emulsion or exceedance of water quality standards in Mossy Creek and/or its adjoining shorelines. Respondent also did not have an NPDES permit allowing for the discharge of malt into navigable waters. The EPA obtained the above information from Respondent's June 2, 2021, response to the EPA's CWA Section 308 Information Request, the EPA On-Scene Coordinator's observations documented in the Pollution Report, dated October 18, 2019, and the National Response Center Report Number 1260693, as well as additional information available to the EPA. As a result, the EPA alleges that Respondent violated Sections 311 and 301 of the CWA, 33 U.S.C. ? 1321 and 1311, and relevant implementing regulations.

Defendants (1)

• Norfolk Southern Railway CompanyNamed in complaintNamed in settlement

Facilities (1)

• NORFOLK SOUTHERN RAILWAY COMPANY

  MILE POST 29 G, HOUSTON, GA, 31047

  Registry ID: 110071251198

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• Norfolk Southern Railway Companyentered 2023-04-10

  Primary law: CWA

  Federal penalty: $77,640

Timeline (4 milestones)

• 2023-04-10Final Order Issued
• 2023-04-10Complaint Filed/Proposed Order
• 2023-07-10Enforcement Action Closed
• 2023-08-28Enforcement Action Data Entered