EPA v. CENTRAL OREGON AND PACIFIC RAILROAD ( CORP )

Case summary

EPA Region 10, Oregon and the Department of Justice Settle Oil Spill Case with Central Oregon and Pacific Railroad, Inc. for $272,900. On October 4, 2010, the U.S. District Court for the District of Oregon entered an Order for Stipulation of Settlement and Judgment in United States v. Central Oregon and Pacific Railroad, Inc., settling claims for violation of Sections 301(a) and 311(b)(3) of the Clean Water Act, 33 U.S.C. §§ 1311(a) and 1321(b)(3). EPA Region 10 pursued this case jointly with the state of Oregon. Central Oregon and Pacific Railroad (COPR) has agreed to pay a penalty of $272,900 to settle this matter, of which $262,100 will go to the federal Oil Spill Liability Trust Fund and $10,800 to the state’s oil spill fund. The violation occurred on October 26, 2004, when a COPR train derailed in Cow Creek Canyon, resulting in a discharge of approximately 100 barrels of diesel to Cow Creek and its adjoining shoreline, near Riddle, Oregon.

Defendants (1)

• Central Oregon and Pacific RailroadNamed in complaintNamed in settlement

Facilities (1)

• CENTRAL OREGON AND PACIFIC RAILROAD - TRAIN DERAILMENT SITE

  ADJACENT TO COW CREEK NEAR CITY OF RIDDLE, RIDDLE, OR, 99469

  Registry ID: 110042354751

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• CENTRAL OREGON AND PACIFIC RAILROAD - ORDER FOR STIPULATION AND JUDGMENTentered 2010-10-04

  Primary law: CWA

  Federal penalty: $262,100 · State/local: $10,800

Timeline (7 milestones)

• 2006-10-03Referred To Dept Of Justice
• 2006-10-10Enforcement Action Data Entered
• 2010-09-28Complaint Filed With Court
• 2010-09-29Final Order Lodged
• 2010-10-04Concluded
• 2010-10-04Final Order Entered
• 2010-10-14Enforcement Action Closed