Spill Focus Shifting

With millions of dollars and Cameron County's way of life at stake, the public focus in the wake of the June 30 Norfolk Southern train crash is shifting.

Sometime next week, state officials plan to announce the date of a public meeting where citizens affected by the crash and its resultant lye spill can air their concerns and learn more about the response.

Inevitably, Norfolk Southern will be hit with significant fines, in addition to many potential civil lawsuits, while being required to repair the environmental damage along Sinnemahoning Portage Creek.

What's less certain is how that money will be disbursed.

During a hastily arranged meeting on Thursday, local leaders spelled out the farreaching impact of the crash to Sen. Joe Scarnati, Assemblyman Martin Causer and three Pa. Dept. of Environmental Protection (DEP) officials.

The session was sparked by Rep. Causer's call for all fines paid by Norfolk Southern to be used to ease the impact of the disaster in Cameron and McKean counties.

DEP has been non-committal on the financial issues, pending further investigation. Norfolk Southern has until Oct. 6 to present DEP with an assessment of the environmental damage. The state will use that information and its own investigation to determine an action plan.

DEP's Rick Gilson, left, and his colleague Kelly Burch (next from left) told legislators (from left) Martin Causer and Joe Scarnati that Norfolk Southern will be held accountable for the environmental damage left in the wake of train crash here June 30. That's Cameron County Waterways Conservation Officer Bill Crisp looking on at right and D.A. Tommy Tompkins in the background.

On Aug. 14, DEP issued a notice of violation to the railroad for pollution and the illegal release of hazardous substances. Norfolk Southern is subject to daily penalties of up to $35,000.

"They are accepting full responsibility, as they well should, and we will hold them accountable," DEP Northwest Regional Director Kelly Burch assured those gathered on Thursday. "I want to emphasize that their consultants will make recommendations, but we'll determine what actions must be taken."

Currently, citric acid is being applied to the soil to neutralize the chemical contamination, but Burch said tons of soil may have to be removed and replaced with clean fill.

Cameron County Commissioner Glen Fiebig pointed out that the county's business community could be devastated by the loss of prime trout fishing waters.

"Fishing season is the biggest thing we have right now (and) we can't afford to lose any more business," Fiebig said. "This affects everyone in the county, from the bait shop in Sterling Run to the motel in Emporium."

He suggested a class action lawsuit against Norfolk Southern might be an option if affected businesses aren't compensated.

District Attorney Tommy Tompkins also mentioned possible litigation against the railroad. He said he and McKean County D.A. John Pavlock are awaiting results of the investigation to determine if Norfolk Southern might be criminally liable. Railroad officials have confirmed the train was traveling about 73 m.p.h. at the time of the crash; the speed limit for that area of rail line is 15 m.p.h.

Tompkins also suggested that Sen. Scarnati and Rep. Causer might be able to champion disaster relief funding from the Pa. General Assembly.

"No option should be off the table," Scarnati replied. "We promote this area as the PA Wilds with 'the best.' We don't want to lose that."

While the liability and economic consequences are unclear, there is no mistaking the environmental damage occurring when the train derailed and spilled roughly 44,000 gallons hydrogen peroxide.

DEP's Burch's cited field studies showing that the damage to Sinnemahoning Portage Creek from the crash site near Keating Summit through Cameron County extended as far as 35 miles downstream.

"The initial flush killed everything," Burch said. "There's absolutely no food for fish to eat for the first seven miles downstream."

Because Sinnemahoning Portage Creek was a designated exceptional value stream, the state has a detailed database and can use comparisons to sections upstream from the spill area to determine what represents full recovery.

Even the most optimistic analyses forecast a period of five to seven years before Sinnemahoning Portage Creek returns to anywhere near normal conditions. Designated wetlands near the crash site have also been devastated.