Environmental Protection

Railroad Company to Pay $4 M for 2005 Chlorine Spill

Norfolk Southern Railway Company has agreed to pay a $4 million penalty to resolve alleged violations of the Clean Water Act (CWA) and hazardous materials laws for a 2005 chlorine spill in Graniteville, S.C., the Justice Department and U.S. Environmental Protection Agency announced on March 8.

Under the settlement filed in federal court in Columbia, S.C., Norfolk Southern will be required to pay a civil penalty of $3,967,500 for the alleged CWA violations, to be deposited in the federal Oil Spill Liability Trust Fund. The alleged CWA violations, included in an amended complaint filed in March 2009, are for the discharge of tons of chlorine, a hazardous substance, from a derailed train tank car and thousands of gallons of diesel fuel from ruptured locomotive engine fuel tanks. For the alleged Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) violation for failure to immediately notify the National Response Center of the chlorine release, Norfolk Southern will also pay a penalty of $32,500, to be deposited in the Hazardous Substance Superfund.

The settlement addresses the Jan. 6, 2005, Norfolk Southern train derailment in Graniteville, S.C. During the derailment, one of the train's tank cars was punctured and released chlorine gas. Nine people died as a result of chlorine exposure and hundreds of people sought medical care due to respiratory distress. The incident resulted in the evacuation of more than 5,000 people living and working within a 1-mile radius of the release area. A cloud of the gas settled over nearby Horse Creek and its tributaries and was absorbed into the water in sufficient quantity to kill hundreds of fish. Two of the engines involved in the crash leaked diesel fuel, a portion of which reached Horse Creek.

"This agreement includes a significant civil penalty for the catastrophic chlorine spill, which resulted in loss of human life and damage to the environment, and ensures that those responsible are held accountable under the law," said Bob Dreher, principal deputy assistant attorney general for the Justice Department's Environment and Natural Resources Division.

Stan Meiburg, EPA acting regional administrator in Atlanta, said:. "Companies have a responsibility to workers, emergency responders and the community to make sure a serious accident doesn't become a senseless tragedy."

Under the terms of the agreement, Norfolk Southern will provide incident command system training to environmental and transportation personnel; stock nearby Langley Pond with at least 3,000 fish to replace fish killed by the chlorine spill; and post the telephone number for the National Response Center to facilitate spill reporting. Further, the settlement includes a supplemental environmental project valued at $100,000 to plant vegetation along the banks of Horse Creek to decrease erosion and sedimentation, thereby improving water quality in Horse Creek.

The consent decree was filed in the U.S. District Court for the District of South Carolina and is subject to a 30-day public comment period and court review and approval.

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