(The following article by Don Hopey was posted on the Pittsburgh Post-Gazette website on August 15. Cole Davis is the BLET’s General Chairman on the Norfolk Southern-Northern lines.)
PITTSBURGH — The state Department of Environmental Protection has cited Norfolk Southern for killing thousands of fish in more than 30 miles of top-quality streams in McKean County when a train traveling more than 50 mph over the speed limit derailed June 30.
The “notice of violation” indicates the railroad company violated numerous state environmental regulations and could be fined up to $35,000 a day, starting at the date of the accident that caused three tank cars to rupture and leak 44,000 gallons of sodium hydroxide into Sinnemahoning-Portage Creek. The list of alleged violations includes ongoing discharge of pollutants and encroachment into commonwealth waters, unpermitted disposal of wastes and release of hazardous substances.
“This citation reflects the reality that the waters of Sinnemahoning-Portage Creek and the aquatic life that existed there were devastated as a consequence of the spill,” said Kelly Burch, DEP northwest regional director. “We do plan to hold Norfolk Southern accountable.”
Twenty-eight cars of the 44-car train derailed in the accident on a steeply sloping stretch of track along Sinnemahoning-Portage Creek near the town of Gardeau, McKean County.
Investigators of the Federal Railroad Administration have found that the train was traveling “well in excess” of the 15 mph speed limit on the downhill section of track. Cole Davis, a committee chairman with the Brotherhood of Locomotive Engineers and Trainmen, said the train’s event recorder shows it was traveling 73 mph down what he described as a “treacherous hill” when it derailed.
Mr. Davis said the company and railroad union held a disciplinary hearing three weeks ago where the train event recorder information was reviewed to determine what happened and figure out who is responsible. In a couple of weeks Norfolk Southern will issue a disciplinary ruling and the union will review the decision and determine whether to appeal or not.
“Obviously,” Mr. Davis said, “when you’ve got a train going downhill at nearly 75 miles per hour in an area where the speed limit is 15, somebody made a mistake.
“We’re well paid and we expect our engineers to perform professionally. If the operator made a mistake, we will work hand in hand with the company to determine what happened and make sure it doesn’t happen again.”
The engineer and conductor of the derailed train were cited for alleged “improper train handling” and “excessive speeding” by Norfolk Southern, under an internal process governed by the railroad’s labor agreement. They have been removed from service by the railroad but have not been identified.
The sodium hydroxide, also known as caustic soda or lye and used in oven and drain cleaners, flowed into Sinnemahoning-Portage Creek, a popular, highly rated wild trout stream, killing all fish and aquatic life for 7.5 miles downstream from the spill. The chemical also killed almost all fish in 20 miles of the Driftwood Branch and five miles of Sinnemahoning Creek in Cameron County.
As a temporary remediation effort, Norfolk Southern has applied citric acid to the ground where the sodium hydroxide was spilled to neutralize the chemical, but it continues to slowly seep into the water. Last week the railroad began work on installing monitoring wells for groundwater sampling as part of its site assessment plan to determine how much of the derailment site has been contaminated by the chemical spill.
“The goal is to find out where all the sodium hydroxide went and determine the perimeter of the spill on the soil and how deep the ground has been affected,” said Freda Tarbell, a DEP spokeswoman. “Based on that the company will come up with ways to remediate the site.”
Ms. Tarbell said the fines for the company are open-ended. If assessed the maximum today, Norfolk Southern would have to pay environmental fines totaling more than $1.5 million. The railroad company also could be fined by the state Fish and Boat Commission for damaging the recreational value of the highly productive and popular streams.
Rudy Husband, a spokesman for Norfolk Southern, declined to comment on the DEP action or the company’s ongoing investigation.