EPA v. BURLINGTON NORTHERN RAILROAD

Case summary

ON JUNE 30, 1992, A BURLINGTON NORTHERN FREIGHT TRAIN DERAILED ON A TRESTLE NEAR SUPERIOR, WISCONSIN. A TANK CAR CONTAINING THE AROMATIC COMMPOUND LANDED IN THE RIVER AND RUPTURED RELEASING IT CONTENTS INTO THE RIVER. SOME OF THE AROMATIC COMPOUND CONSTITUENTS INCLUDING CYCLOPENTADIENE VOLATILIZED UPON THEIR RELEASE CREATING POCKETS OF VAOP WHICH CAUSED NAUSEOUS REACTIONS IN SOME OF THE RESIDENTS LIVING NEAR THE SPILL LOCATION. REGION 5 IMMEDIALTELY SENT AN OSC AND PUBLIC AFFAIRS SPECIALIST TO THE SITE AND THE OSC COORDINATED THE FEDERAL RESPONE FROM JUNE 30 THROUGH JULY4, 1992. EMERGENCY RESPONE COORDINATORS MADE THE DECISION TO EVACUATE THE SURROUNDING AREA AND AT ITS PEAK THE EVACUATION AFFECTED OVER 50,000 RESIDENTS OF BOTH SUPERIOR, WISCONSIN AND DULUTH, MINNESOTA. - A MULTI-MEDIA INFORMATION REQUEST UNDER SECTION 104(E) OF CERCLA WILL BE ISSUED THIS WEEK. THIS REQUEST WILL COMBINE THE INPUT FROM MULTIPLE EPA PROGRAMS AS WELL AS THE FISH AND WILDLIFE SERVICE. THE ENFORCEMENT ACTION WILL INCLUDE A COUNT UNDER SECTION 311 OF THE CWA, AS AMENDED BY THE OIL POLLUTION ACT OF 1990, AND MAY INVOLVE A COUNT UNDER SECTION 304 OF THE EPCRA OF 1986 FOR INCOMPLETE NOTIFICATION OR FOLLOW-UP REPORTING OF THE SPILL. POTENETIOAL VIOLATIONS OF THE CAA ARE ALSO BEING INVESTIGATED. IF BURLINGOTON NORTHERN RR DOES NOT REIMBURSE USEPA FOR ITS EMERGENCY RESPONSE COSTS, ANOTHER COUNT UNDER SECTION 107 OF CERCLA WIL ALSO BE INCLUDED. A NATURAL RESOURCES DAMAGE CLAIM ALSO APPEARS AS A DISTINCT POSSIBILITY BUT THE NECESSARY ECOLOGICAL ASSESSMENTS HAVE JUST BEGUN.

Defendants (1)

• BURLINGTON NORTHERN RAILROAD

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 104E3 — Entry Access
• CERCLA 107 — Superfund
• CWA 311 — Oil and Hazardous Substance Liability

Timeline (3 milestones)

• 1992-06-30Enforcement Action Data Entered
• 1993-07-30Final Order Issued
• 1993-07-30Enforcement Action Closed