EPA v. UNION PACIFIC RAILROAD COMPANY
Final Order With Penalty
Case summary
THIS CONSENT AGREEMENT AND FINAL ORDER RESOLVES THE RESPONDENT'S VIOLATIONS OF SECTION 311(B)(3) OF THE CWA, 33 USC SECTION 1321(B)(3), AND REGULATIONS PROMULATED THEREUNDER AT 40 CFR PART 112, PROHIBITING THE DISCHARGE OF HAZARDOUS SUBSTANCES IN WATERS OF THE UNITED STATES. THE RESOLVED VIOLATIONS OCCURRED FROM A RAILCAR SWITCHING YARD OWNED AND OPERATED BY UNION PACIFIC IN HERINGTON, KANSAS. ON JANUARY 8, 2012, TWO RAILROAD TANK CARS WITHIN THE HERINGTON FACILITY COLLIDED, CAUSING A RUPTURE IN THE BOTTOM OF ONE TANK CAR.
Defendants (1)
- UNION PACIFIC RAILROAD COMPANYNamed in complaintNamed in settlement
Facilities (1)
UNION PACIFIC RR-HERINGTON
501 NORTH 5TH STREET, HERINGTON, KS, 67449-2906
Registry ID: 110009573390
Statutes cited
- CWA 311B — Oil & Hazardous Substances Discharge
Enforcement conclusions (1)
UNION PACIFIC RAILROAD COMPANYentered 2017-01-04
Primary law: CWA
Federal penalty: $24,000 · SEP: $338,100
Timeline (6 milestones)
- 2017-01-04Complaint Filed/Proposed Order
- 2017-01-04Final Order Issued
- 2017-01-17Enforcement Action Data Entered
- 2018-11-20Enforcement Action Closed
- 2018-11-20Compliance Achieved
- 2018-11-20Pipeline Closed
Case metadata
- EPA activity ID
- 3600910230
- Case number
- 07-2017-0049
- Lead agency
- EPA
- EPA region
- 07
- Voluntary self-disclosure
- No
- Primary statute
- Oil & Hazardous Substances Discharge
Sourced verbatim from EPA ECHO Enforcement Case Report for case 07-2017-0049 . Bulk data: ICIS-FEC download summary.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.