EPA v. CSX TRANSPORTATION INC. AND GRAMMER INDUSTRIES

Case summary

THIS IS AN ACTION BROUGHT AGAINST CSX TRANSPORTATION, INC. AND GRAMMER INDUSTRIES. CSX OWNS AND OPERATES A RAILROAD YARD IN LAFAYETTE, INDIANA. GRAMMER INDUSTRIES IS A CONTRACTOR HIRED BY CSX TO OPERATE ONLY THE TERMINAL PORTION OF THE RAILYARD. SEPTEMBER 18, 1990, A GRAMMER EMPLOYEE OPERATING THE TERMINAL WAS UNLOADING A 77% PHOSPHORIC ACID SOLUTION FROM TANK CARS (NOT OWNED BY EITHER PARTY) WHEN A BRAKE DISENGAGED AND THE CARS ROLLED DOWN A HILL INTO THE RAIL YARD. APPROXIMATELY 57,442 GALLONS OF PHOSPHORIC ACID WAS RELEASED IN THE INCIDENT. THE EMPLOYEE WAS INJURED WITH A BROKEN LEG. A CSX EMPLOYEE REPORTED THE INCIDENT TO THE RAILYARD OFFICE WHICH IN TURN REPORTED IT TO THE COMPANY'S JACKSONVILLE, FL HEADQUARTERS. THE HQS OFFICE NOTIFIED THE NRC, BUT DID SO ABOUT AN HOUR AND 22 MINUTES LATE. CSX HANDLED THE CLEANUP. THIS ACTION WAS BROUGHT AGAINST BOTH COMPANIES FOR FAILURE AS OWNER/OPERATORS TO NOTIFY THE NRC IN A TIMELY MANNER.

Defendants (2)

• CSXT
• GRAMMER INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• CSX BIDS TERMINAL

  2934 SAGAMORE PARKWAY NORTH, LA FAYETTE, IN, 47902

  Registry ID: 110009285175

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• CSX TRANSPORTATION INC. AND GRAMMER INDUSTRIESentered 1994-12-15

  Primary law: EPCRA

  Federal penalty: $10,000

Timeline (5 milestones)

• 1992-08-25Complaint Filed/Proposed Order
• 1993-05-21Enforcement Action Data Entered
• 1994-12-15Final Order Issued
• 1994-12-15Compliance Achieved
• 1995-01-18Enforcement Action Closed