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(The following story by John Arthur Hutchison appeared on the News-Herald website on January 10.)

PAINESVILLE, Ohio — Three months later, CSX train incident in Painesville remains under investigation

Three months later, the National Transportation Safety Board continues to investigate what caused the CSX Railroad train derailment Oct. 10 in Painesville.

It could be 12 to 18 months after the derailment before a final determination of the cause is made, NTSB spokesman Keith Holloway said.

However, some preliminary facts about the case could be available in the next few months, he said.

“Basically, in this instance, two investigators go to the scene and document it; the track – they document that, and recover the event recorders and bring that type of information back here to our laboratory for further analysis,” he said. “Then investigators put together a factual report, which is about halfway through the investigation.”

At that point, that factual report becomes a public document, Holloway said.

“Then what they do is take that factual information, and then analyze that and draft a final report, which contains a probable cause, recommendation and any findings,” he said.

The event recorder is similar to an airplane’s “black box.” It records data such as the train’s brake-pipe pressure, when the engineer accelerates or decelerates, and when the engineer blows his horn.
Holloway said the agency’s Chicago regional division is handling the case.

“What they would do is, when they have completed their investigation or have updates, they will provide that to headquarters, then the board (in Washington, D.C.) would make the final determination,” he said.

U.S. Rep. Steven C. LaTourette, R-Bainbridge Township, understands that the NTSB typically takes its time to make a final determination.
The congressman is a member of the U.S. House of Representatives Railroad Subcommittee and was the chairman during the last session of Congress.

With this subcommittee, he has been heavily involved in railroad operations and legislation affecting railroads.

His office also is in contact with the NTSB and will be among the first to know the cause of the derailment, LaTourette said.

“Normally, based on the nature of the event, it can take a very long time if the cause is complicated, or it can take three or four months if it’s not,” he said.

He cited a previous derailment in South Carolina during which there was loss of life. The cause for that incident was a track switch problem, and it took a very long time to determine the cause, LaTourette said.

“For this one, it seems like you’ll probably find a rail problem, but it’s complicated by the fact there was a hot fire,” he said. “Much of the evidence might have been destroyed.”

First responders’ response

Thirty-two train cars were involved in the Painesville derailment, including five that caught fire, and about 1,300 residents were evacuated from the area, officials said.

Before all evacuees were allowed to return home, three goals had to be met, fire officials said at the time.

First, the liquefied petroleum gasoline tanker had to be stabilized and moved.

Second, the tanker carrying nonhazardous phthalic anhydride had to be extinguished, stabilized and moved.

Last, the four fires that continued to burn had to be put out. Ethanol was contained in two of the rail cars and eventually would self-extinguish.

After the derailment, the Lake County Emergency Management Agency established a 24-hour emergency hotline.

Through Oct. 12, when it was turned over to CSX, the hotline received 1,598 calls, county officials reported.

First responders, praised by many for their actions, also are using the incident as a learning tool.

Larry Greene, the county’s EMA director, said a public hearing is scheduled today at the Emergency Operations Center in Kirtland to talk about the train derailment and what was learned from it.

Greene said officials might discuss the possibility of whether training credit can be awarded to safety officials, as the derailment was a live hazardous-materials incident.

A previous haz-mat training drill was conducted last summer at Lubrizol Corp.’s plant in Painesville Township.

Ironically, the derailment was a short distance from Lubrizol’s facility.

Settling up
CSX officials say the company is doing what it can to settle claims from businesses and residents affected by the derailment.

On Dec. 10, CSX reimbursed communities and first-responding agencies for their costs incurred from the incident.

More than $607,599 worth of reimbursement checks personally were delivered by a CSX official to 48 entities from Lake, Geauga, Cuyahoga and Ashtabula counties during a ceremonial presentation and news conference at the Painesville Fire Department.

LaTourette said he helped to broker the reimbursement process when he spoke with Tony Ingram, CSX’s chief operating officer, about a week after the derailment.

First-responding agencies then calculated their expenses and submitted them to CSX, which then cut the checks, the congressman said.

Two class-action lawsuits involving businesses and residents were filed against CSX – one in Lake County Common Pleas Court and one in U.S. District Court in Cleveland.

Both cases were consolidated into one, and a conference is scheduled today in Cleveland before U.S. District Court Judge Dan Aaron Polster.

In a December news conference, CSX spokesman Bob Sullivan said the company is prohibited by law from further settlement with parties involved in those lawsuits until the cases have been resolved.

He also said CSX had reached settlements with many individual residents and businesses that are not involved in the litigation, totaling more than $230,000 in reimbursements.