EPA v. BOWMAN CREEK (IN) RAILROAD CROSSING/GRAND TRUCK

Case summary

THIS WAS AN EMERGENCY REMOVAL PERFORMED/OVERSEEN BY THE SUPERFUND DIVISION THROUGH AN ADMINISTRATIVE COMPLIANCE OVER (AOC) SIGNED BY THE PRP-RESPONDENT ON MARCH 21, 2000. THE AOC WAS ISSUED BY EPA ON MARCH 28, 2000. IT CALLS FOR THE RESPONDENT (GRAND TRUCK WESTERN RAILROAD) TO PERFORM ALL NECESSARY EMERGENCY ACTIONS TO TREAT THE RELEASE OF DIESEL OIL FROM THE EMBANKMENT OVER THE CULVERT OF THE BOWMAN CREEK (WHICH FEEDS ALMOST IMMEDIATELY INTO THE ST. JOSEPH RIVER), THAT IS UNDER THE OVERARCHING RESPONDENT'S RAILROAD TRACKS. ON OR ABOUT FEBRUARY 21, 2000, A SHEEN ON THE WATER OF THE ST. JOSEPH RIVER (IN) WAS DETECTED AND TRACED BACK TO THE CULVERT AND OIL LEAK AT BOWMAN CREEK. THE WATER AND THE SOIL AREA EMBANKMENT HAD BEEN SATURATED WITH DIESEL OIL. ON FEBRUARY 24, 2000, EPA NOTIFIED THE U.S. COAST GUARD. THE RESPONDENT BEGAN REMEDIAL ACTIONS ON MARCH 14, 2000. THE AOC REQUIRES THE RESPONDENT TO PERFORM ALL CLEAN UP ACTIVI- TIES AND REIMBURSE EPA FOR ITS PAST COSTS. RESPONDENTS ARE WORKING ON DEFINING THE EXTENT OF CONTAMINATION, AND WILL INSTALL TREATMENT SYSTEM AND OPERATE AND MAINTAIN THEM UNTIL THE CLEAN UP IS COMPLETED.

Defendants (1)

• BOWMAN CREEK (IN) RAILROAD CROSSINGNamed in settlement

Facilities (1)

• BOWMAN CREEK (IN) RAILROAD CROSSING

  1048 LINCOLNWAY E, S BEND, IN, 46601

  Registry ID: 110003135802

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• BOWMAN CREEK (IN) RAILROAD CROSSINGentered 2000-03-28

  Primary law: CWA

Timeline (2 milestones)

• 2000-03-28Final Order Issued
• 2000-10-12Enforcement Action Data Entered