Train operator facing charges

Almost nine months after the Norfolk Southern train crash near the juncture of Cameron, McKean and Potter counties, officials this week brought criminal charges against a man who was operating the engine.

Michael Seifert was jailed in McKean County Monday after he was charged with two counts of risking a catastrophe and one of reckless endangerment. He'll face a preliminary hearing April 16 before District Judge Bill Todd.

Seifert, 45, was represented at his arraignment by attorney Paul Malizia of Emporium.

A criminal complaint alleges that Seifert, of West Seneca, N.Y., was under the influence of anti-anxiety benzodiazepines and opiates while he was operating the train in Norwich Township near Gardeau on June 30.

There was no explanation given as to whether the drugs were prescription or illicit, or the alleged amount of drugs Seifert had consumed.

According to the complaint, the train derailed "as a direct result of both his (Seifert's) reckless action and inaction," allowing sodium hydroxide to spill and pollute the environment.

A Federal R a i l r o a d Administration report said the derailment ripped up 1,400 feet of track and cost Norfolk Southern more than $2 million in equipment and freight losses.

Seifert was at the controls as the train descended a steep stretch of track while on its way from Buffalo to Scranton, according to the federal report. The train was moving at a speed of 76 mph, on a downhill grade with a speed limit of 15 mph, when 32 of its 46 freight cars jumped the tracks. Three tank cars ruptured, spilling 42,000 gallons of lye into Big Fill Run and Sinnemahoning Portage Creek, and Driftwood Branch.

All aquatic life was killed in the first eight miles of Sinnemahoning Portage Creek and dead fish were found throughout more than 30 miles of the streams in McKean and Cameron counties.

The federal report said a drug test was negative for the only other train crew member, conductor Stevan V. Rogers, 36, of Buffalo.

One of the derailed tank cars contained chlorine, a poison inhalation hazard. It did not rupture.

Pa. Dept. of Environmental Protection has levied civil penalties totaling $8.9 million against Norfolk Southern, and ordered the railroad to conduct a massive cleanup of the site, which is continuing. Norfolk Southern has appealed.

The railroad was recently granted an extension until May 18 to complete the current cleanup phase. Norfolk Southern must submit a report by April 30 to identify groundwater contamination at the site and in the 11 miles down Sinnemahoning Portage Creek to the Driftwood Branch.

"The investigation into the derailment is still ongoing and future charges may be filed," McKean County District Attorney John Pavlock said.

As an example, Pavlock added, the Pa. Fish and Boat Commission's investigation is nearing completion and could result in criminal charges.

Norfolk Southern spokesman Rudy Husband said his company has cooperated fully with state agency by removing contaminated soil and monitoring the water and soil at 13 sites.

"The fact that the Fish and Boat Commission is restocking the waterways in that area is a very strong positive indication that the streams are recovering quickly from the spill," Husband said.