(The following story by Randy Key appeared at WJBF.com on May 19, 2010.)
COLUMBIA, S.C. — United States Attorney William N. Nettles stated Wednesday that Norfolk Southern Railway Company agreed, in a Consent Decree, to pay a civil penalty of $4 million for violations of the Clean Water Act and the Superfund statute arising out of the collision and derailment of a Norfolk Southern train in Graniteville, South Carolina on January 6, 2005. Among the derailed cars were three tank cars containing chlorine, one of which was breached during the accident. Chlorine discharged from the breached tank car, settled upon and was absorbed into Horse Creek and its tributaries, injuring and killing fish and vegetation. Additionally, diesel fuel was released into Horse Creek.
In addition to the civil penalty, Norfolk Southern agreed, as a part of the enforcement action, to provide emergency response training for company employees; stock fish at Horse Creek, Flat Rock Pond, and Bridge Creek Pond; and plant vegetation in Horse Creek’s watershed to prevent erosion and siltation, which is expected to cost over $100,000. Norfolk Southern did not admit any liability in the Consent Decree.
United States Attorney William N. Nettles states: “ Those charged with the task of running a railroad must comply with environmental laws and must not operate in such a way as to cause injury to human health and the environment. When they fail to do so, they must be held accountable, and this case accomplishes that. I appreciate the work of the Department of Justice and the investigative agencies that made this civil prosecution successful.”
The case was investigated by the Environmental Protection Agency (EPA), which worked closely with other federal, state and local entities, including the Coast Guard and the South Carolina Department of Health and Environmental Control (SCDHEC), in responding to the chlorine spill. Patricia L. Hurst, Davis H. Forsythe, Angela Mo and R. Emery Clark of the Department of Justice handled the case.