Norfolk Southern calls DEP fines 'unwarranted'

Don't expect Norfolk Southern to cut a $9 million check and be done with it.

The railroad reacted swiftly to last week's announcement that the Pa. Dept. of Environmental Protection (DEP) wants upwards of $8.9 million in fines stemming from the June 30 train derailment and lye spill near Gardeau.

Norfolk Southern spokesman Rudy Husband called the fines "unwarranted and not supported by facts or law." He said the company has appealed.

"We're disappointed that DEP has chosen a course that is going to create an adversarial relationship between the railway and the agency," Husband added.

DEP isn't the only organization that's going after Norfolk Southern. District Attorneys Tommy Tompkins and John Pavlock of Cameron and McKean counties, respectively, have conferred about possible criminal charges against the railroad.

Additionally, at least one law firm has been actively soliciting business owners affected by the fall-off in tourists' dollars to join in a potential class action lawsuit against Norfolk Southern.

The lye spill wiped out aquatic life for several miles of Sinnemahoning Portage Creek and also affected Driftwood Branch and wetlands, according to local conservation officials.

DEP filed a complaint with the Environmental Hearing Board citing Norfolk Southern for violations of the state's Clean Streams Law and requesting $5.41 million.

A $3.48 million civil penalty was also assessed for violations of the state's Solid Waste Management Act and Hazardous Sites Cleanup Act.

Husband said Norfolk Southern will continue to work with DEP to clean up the affected area. He added that the railroad has taken samples to ensure residential water supplies are safe.

Additionally, Norfolk Southern says water samples show that Sinnemahoning Portage Creek can support restocking trout by next spring. That decision will be made by the Pa. Fish and Boat Commission.

The train crashed on a section of rail in McKean County, near the junction with Cameron and Potter counties. Railroad officials confirmed it was traveling about 73 mph at the time of the accident; the speed limit posted for that area was 15 mph.

State Assemblyman Martin Causer, who has been lobbying DEP to designate money collected from fines for environmental improvement work in Cameron County, said the fines seemed appropriate.

"It's a big penalty, but it's also a big spill," Causer said. "It's going to take a long time for that area to recover. Those are some of the best trout streams in the whole state and they were just completely devastated."

Cameron County Commissioners' Chairman Glen Fiebig concurred: "It's hard to place a price on what was once a pristine stream. I think we're all still trying to come to terms with what we've lost. Ask the fishermen and the businesses that have been affected. I think they have the best feel for it."