EPA v. BNSF RAILWAY COMPANY

Case summary

WHILE CONSTRUCTING A KEYWAY ADJACENT TO THE MCCORMICK & BAXTER (M&B) SUPERFUND SITE, BNSF EXECAVATED A PORTION OF THE CERCLA CAP THAT WAS COVERING THE HISTORIC CONTAMINATION FROM THE M&B SITE. BNSF KNEW OF THE CONTAMINATION UNDER THE SOIL CAP BUT STILL EXCAVATED THE AREA AND THEN DID NOT TAKE THE NECESSARY STEPS TO MAKE A DETERMINATION THAT THE SOIL CONTAINED A HAZARDOUS WASTE. LATER THE SOIL WAS FOUND TO CONTAIN PENTACHLOROPHENOL (PCP), A DIOXIN CONTAINING CHEMICAL THAT HAD BEEN USED TO TREAT WOOD AT THE M&B SITE. BNSF ATTEMPTED TO DISPOSE OF THE CONTAMINATED SOIL IN A SAND AND GRAVEL PIT THAT WAS NOT PERMITTED FOR HAZARDOUS WASTE DISPOSAL. BNSF CORRECTED IT'S VIOLATIONS PRIOR TO THE ISSUANCE OF THIS CAFO. THIS CAFO IS FOR PENALTY ONLY.

Defendants (1)

• BNSF RAILWAY COMPANYNamed in complaintNamed in settlement

Facilities (1)

• BNSF RAILWAY CO. EAST ST. JOHNS SIDING

  6900A N EDGEWATER AVE, PORTLAND, OR, 97203

  Registry ID: 110040447914

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• BNSF RAILWAY COMPANYentered 2012-04-16

  Primary law: RCRA

  Federal penalty: $37,500

Timeline (4 milestones)

• 2012-04-16Final Order Issued
• 2012-04-16Complaint Filed/Proposed Order
• 2012-04-20Enforcement Action Data Entered
• 2012-04-25Enforcement Action Closed