| The Commonwealth of Pennsylvania today announced
that it has secured one of the largest natural resources damage settlements in state history. Under terms
of the settlement, Norfolk Southern will pay $7.35 million to resolve its civil liability for a June 2006
derailment in McKean County that polluted and killed fish and other aquatic life in Big Fill Run, Sinnemahoning-Portage
Creek and the Driftwood Branch of Sinnemahoning Creek.
As part of the agreement, Norfolk Southern will
pay $3,675,000 each to the Pennsylvania Fish and Boat Commission (PFBC) and the Pennsylvania Department
of Environmental Protection (DEP). The settlement agreement focuses on contamination of the environment
that occurred on June 30, 2006, when approximately 31 rail cars of a train operated by Norfolk Southern
derailed near Gardeau, McKean County. During the derailment, liquid sodium hydroxide spilled from three
railcars into wetlands and entered Big Fill Run, a tributary of the Sinnemahoning-Portage Creek that
flows through McKean County and into Cameron County. From Big Fill Run, the spilled sodium hydroxide
traveled down Sinnemahoning-Portage Creek, which flows into the Driftwood Branch of Sinnemahoning Creek. This release
of liquid sodium hydroxide contaminated soils, sediments, surface water, groundwater, and wetlands, and killed or
damaged fish and other aquatic life and terrestrial plant and animal life.
Under a separate plea agreement with the McKean County DA’s office,
Norfolk Southern pleaded no contest to one violation of section 2504 of the Fish and Boat Code relating
to pollution of waters. The agreement expressly recognizes that the company will pay $7,350,000 to the
Commonwealth of Pennsylvania to mitigate the impacts of the spill in the area of the derailment and
that the civil settlement agreement adequately addresses and fully compensates for the environmental
harm and damage that occurred.
“My
main focus and that of Cameron County District Attorney Tommy Tompkins has always been to assure that
the local harm caused by this disaster will be adequately addressed. This resolution assures that projects
will be undertaken in the local area to not only address the specific harm caused by the derailment
and spill, but to strengthen and improve fishing and boating opportunities in Cameron, Elk, Potter and McKean counties,” said
McKean County District Attorney John Pavlock. “We appreciate
that the Pennsylvania Fish and Boat Commission also shared and worked toward this same goal. Further, we
appreciate that Norfolk Southern has accepted its responsibility to address the situation. The recovery
of the affected streams and wetlands is really just beginning. I’m pleased that the Commonwealth has committed
to seeking input and participation from the local community and using funds from the civil settlement
to improve the environment in the region most directly affected by the events of June 30, 2006.”
A portion of
the settlement – $93,000 – will
be used to repay the PFBC for its costs incurred investigating and responding to the accident.
The PFBC
will deposit its remaining share of the settlement into an interest-bearing, restricted revenue account
that can be used only for the development and implementation of projects that benefit recreational fishing
and boating and the aquatic resources of Cameron, McKean, Elk and Potter counties. Initially, the Commission will
focus on projects in the Sinnemahoning Creek Watershed upstream of the confluence with the First Fork of Sinnemahoning
Creek.
"People
say time heals all wounds. The wound inflicted on the aquatic resources of Northcentral Pennsylvania by the massive
spill of sodium hydroxide was substantial. While some initial recovery has begun, it will take more time and a considerable
effort for the waters, fish population, and aquatic organisms to fully recover. As a result of the settlement that
we are announcing today, the monies will be invested into the region’s natural resources to help continue the
healing process,” said
PFBC President William Sabatose.
Prior to funding projects in the watershed affected by the derailment,
the PFBC will convene a stakeholder group to seek input regarding the best ways to mitigate impacts
stemming from the sodium hydroxide spill. Projects to be considered will include but will not be limited
to acid mine drainage abatement; habitat protection, enhancement and restoration; the acquisition of properties for
public fishing and access and improvements to existing access areas; and aquatic inventories.
In addition, the PFBC
already has dedicated, at a minimum, $125,000 to the McKean County Boondocs Program, a unique conservation
and education project that uses the construction of trout stream improvement devices as a means of providing treatment
to delinquent and dependent children.
“This settlement
brings to end another chapter in the saga of this environmentally devastating event. To this point, the story has been
a sad one – a
tale of precious natural resources damaged on an unprecedented scale. Now, with the legal proceedings drawing
to a close, we can begin to write the next part of the story: the recovery. With time, dedication and now
fiscal resources on our side, the Commission is eager to help craft a happy ending,” said PFBC Executive Director
Doug Austen. |
