EPA's Consent Decree in Graniteville Railroad Accident proposes $4 Million Penalty

The 2005 Norfolk Southern train derailment in Graniteville released a cloud of chlorine gas that killed nine people and injured hundreds of others.  The deaths and injuries were obviously the initial primary focus (and most of those claims have been resolved) but the accident also caused massive contamination to the local waters. The chlorine cloud was absorbed into the waters and a large amount of diesel fuel from the wrecked locomotives also entered the nearby creeks, causing a large fish kill and destroying vegetation.

The EPA announced a Consent Decree (see news release here) which proposes a penalty of $3.967 Million for Clean Water Act violations (to go to the federal Oil Spill Liability Trust Fund) and $32,500 for failure to immediately report the release under CERCLA (to go to the Hazardous Substance Superfund). (A release of a “hazardous substance" must be reported immediately to the National Response Center: 1-800-424-8802, online at: http://www.nrc.uscg.mil/nrchp.html ). The Decree was filed March 8th  in the District Court for the District of South Carolina, and there is a 30-day public comment period. The full decree is available at http://www.justice.gov/enrd/Consent_Decrees.html.

 

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