EPA v. CSX TRANSPORTATION

Case summary

FOR THE GROUNDWATER TREATMENT PLANT CONSTRUCTED BY U.S.EPA, TREATMENT AT FULL DESIGN FLOW RATE WAS NOT POSSIBLE DUE TO LIMITED CAPACITY OF THE EXISTING CORDOVA TREATED WATER EFFLUENT DISCHARGE PIPE LINE THAT WAS BEING USED. IT WAS NECESSARY TO CONSTRUCT A NEW, LARGER EFFLUENT PIPELINE TO INCREASE THE FLOW OF GROUNDWATER UP TO FULL DESIGN CAPACITY. IT WAS NECESSARY TO OBTAIN EASEMENT ACCESS TO CONTINUE OPERATION AND MAINTENANCE OF THE EXISTING PIPE LINE AND TO ALLOW CONSTRUCTION OF THIS NEW EFFLUENT PIPE LINE. BECAUSE CSX DEMANDED COMPENSATION FOR THIS EASEMENT THAT WAS WELL ABOVE THE APPRAISED REAL ESTATE VALUE, U.S. EPA FOUND IT NECESSARY TO ISSUE THIS ADMINISTRATIVE ORDER FOR ACCESS, AND IS CURRENTLY NEGOTIATING A LONGER TERM AGREEMENT TO INSURE ADEQUATE REMUNERATION FOR CSX.

Defendants (1)

• CSX TRANSPORTATIONNamed in settlement

Facilities (1)

• CSX TRANSP

  500 AGARD RD, MUSKEGON, MI, 49445

  Registry ID: 110010727320

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• CSXentered 1999-02-11

  Primary law: CERCLA

Timeline (2 milestones)

• 1999-02-11Final Order Issued
• 1999-09-21Enforcement Action Data Entered