Railway charged

Norfolk Southern was hit with three misdemeanor charges by the Pa. Attorney General and the McKean County District Attorney in connection with the June 30, 2006, derailment and sodium hydroxide release near Gardeau.

An investigative grand jury was empaneled in Dauphin County to hear the criminal case against Norfolk Southern. During that proceeding, the train's conductor, Stevan Rogers, testified that engineer Michael Seifert was apparently incoherent or asleep as the train sped through the Gardeau area.

Rogers said he took over the train's controls as it ascended a steep hill at Keating Summit. As the train reached the crest, Rogers said, Seifert took over and remained in control, telling Rogers, "We're going to ride this one out."

The train descended at upwards of 75 mph in the 15- mph zone and derailed, with tanker cars rupturing and spilling the lye.

Charges may be brought, regardless of fault or intent, when there is a non-permitted discharge of certain materials into a stream.

In the year that has passed since the incident, Norfolk Southern has spent nearly $4 million to restore the affected area and waterways. Site restoration activities were completed in mid-June.

Areas impacted by the incident have significantly recovered, the company said. Numerous fish, including native brook trout, have been observed in the portion of Portage Creek adjacent to and downstream of the derailment site.

The Pa. Fish and Boat Commission stocked trout in Portage Creek and the Driftwood Branch this past spring in the portions of these streams that historically have been stocked, and recent survey work conducted on the Driftwood Branch documents the presence of large numbers and diverse species of fish.