(The following story by Julia Hunter appeared on the Press & Sun-Bulletin website on August 14, 2010.)
BINGHAMTON, N.Y. — When Norfolk Southern Railroad failed to alert local officials after a June 2 derailment, they didn’t just upset emergency workers — they violated a city ordinance.
The law, enacted in 1989, requires railroad companies to notify local emergency officials within 15 minutes of any derailment.
The law passed after a derailment on the east side of the city went unreported. That accident involved seven train cars — one of which leaked butane, Broome County Historian Gerald Smith said.
“They had to evacuate much of the area and shut down businesses … from Chenango Street, through most of the east side,” Smith said. “They were having a hard time trying to figure out what the cars contained.
“It was a great threat that the city just couldn’t get straight answers for.”
According to the ordinance, the violation, a misdemeanor, is punishable by up to six months in jail, up to a $1,000 fine, or both.
But some local officials have doubts about how successful enforcement can be.
Norfolk Southern spokesman Rudy Husband said railroads are governed federally, and doubted the ordinance could even be enforced.
But Andrew Block, executive assistant to the mayor, say that’s not necessarily the case.
“While railroads are subject to federal law, they also are subject to municipal laws that pertain to issues specific to a particular locality,” Block said. “Corporation counsel is now researching the extent to which the railroad company is subject to the city’s law on railroad derailments. The findings will determine what action the city can take against the company.”
Norfolk Southern could still face federal penalties, depending on what the Federal Railroad Administration finds in its investigation, FRA spokesman Rob Kulat said, adding investigations can take up to a year and can result in heavy fines.
“We were very concerned about the incident,” Block said. “Fortunately, nobody was hurt. And our fire department and partners responded after learning about it. We will be following up with other officials as to how we can prevent something like this from happening in the future. And that includes not only our public safety officials, but county emergency services and federal representatives, not to mention the railroad itself.”