EPA v. Dakota, Minnesota & Eastern Railroad Corporation dba CP (Brownsville MN) CAFO

Case summary

A Canadian Pacific Railway Limited (CP) train derailment occurred at approximately 2230 hours on January 26, 2016, four miles south of Brownsville, MN. A total of 15 cars derailed along the banks of the Mississippi River. Six cars containing vegetable oil fell into the river. It was determined that two cars discharged oil to the waterway when vent valves were sheared off during the derailment. Oil was removed from the six rail cars that were in the river between January 28, 2016 and January 29, 2016. The last rail car was removed from the river on January 30, 2016. Inventory reconciliation from transloading indicated that approximately 850 gallons (20.3 barrels) of vegetable oil was released to the waterway. There were sheens observed in the river and clean-up crews were deployed to apply absorbents to remove the visible oil. However, some droplets of oil had been entrained under the ice. Contaminant activities were completed on January 31, 2016. A civil penalty of $69,873 was imposed.

Defendants (1)

• Dakota , Minnesota & Eastern Railroad dba CPNamed in complaintNamed in settlement

Facilities (1)

• CP BROWNSVILLE DERAILMENT

  RIGHT OF WAY BETWEEN MINNESOTA HIGHWAY 26 @ MP 11, BROWNSVILLE, TOWNSHIP OF, MN, 55919

  Registry ID: 110068583535

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• Dakota, Minnesota & Eastern Railroad Corporation dba CP (Brownsville MN) CAFOentered 2017-07-13

  Primary law: CWA

  Federal penalty: $69,873

Timeline (6 milestones)

• 2017-05-23Public Comment Period Start
• 2017-05-23Complaint Filed/Proposed Order
• 2017-07-13Final Order Issued
• 2017-07-17Enforcement Action Data Entered
• 2017-08-01Enforcement Action Closed
• 2017-08-01Pipeline Closed