In proposed consent orders with Ohio EPA and Ohio Attorney General Mike DeWine, CSX Transportation Inc. (CSXT) of Jacksonville, Florida, will pay a civil penalty of $200,000, and Arcadis U.S. Inc. of Highlands Ranch, Colorado, will pay a civil penalty of $60,000 for causing water pollution and a public nuisance in Ohio. CSXT also will pay an additional $150,000 to be placed in Ohio’s Surface Water Improvement Fund.
The proposed settlements resolve an eight-count complaint brought against CSXT for discharging fuel, coal and other wastes to waters of the State. The eight spills occurred between April 2006 and March 2009. CSXT’s trains were involved in all the mishaps. Arcadis was contracted by CSXT to perform cleanup at two train accidents and, in two of the eight counts, was charged with causing discharges to the Cuyahoga River.
The spills detailed in the complaint include:
- April 2006, Springdale (Hamilton Co.), locomotive engine leak, diesel fuel discharged to Beaver Run Creek;
- October 2007, Painesville (Lake Co.), derailment, burning materials and ethanol fuel discharged to Black Brook Creek;
- December 2007, Cuyahoga Falls (Summit Co.), train-truck collision, diesel fuel discharged to the Cuyahoga River;
- February 2008, Walbridge (Wood Co.), punctured fuel tank, diesel fuel discharged to Cedar Creek;
- November 2008, Kent (Portage Co.), derailment and collision with city sewer line, coal fines and sewage discharged to the Cuyahoga River;
- February 2009, Lake Township (Wood Co.), locomotive engine leak, diesel fuel discharged to Cedar Creek;
- February 2009, Lake Township (Wood Co.), oil/water separator malfunction, fuel discharged to Cedar Creek; and
- March 2009, Hamler (Henry Co.), derailment, coal discharged to Beaver Creek.
The proposed consent orders have been lodged with the Cuyahoga County Court of Common Pleas. Final approval will take place after consideration of any public comments submitted during the public comment period which ends on June 6, 2011. Written comments may be sent to Ohio EPA’s Division of Surface Water, attn.: Patti Smith, P.O. Box 1049, Columbus, OH 43216-1049.
A copy of the complaint, proposed consent order with CSXT and proposed consent order with Arcadis are available online.
Dan Tierney, Ohio Attorney General's Office, 614-466-3840
Mike Settles, Ohio EPA, 614-644-2160