A joint criminal investigation, involving the prosecutors of
McKean and Cameron counties, into the train derailment June 30 in
Gardeau has begun.

There has been no indication that criminal charges are being
pursued at this point.

McKean County District Attorney John Pavlock said Monday, “we
are opening a file as far as gathering information. We’re looking
to determine if we need to be involved or if we don’t need to be
involved.

“Nobody should read into that that we are or aren’t going to
take any certain action,” Pavlock warned, “just that we’re going to
gather information so we can get the complete picture.

“Once we get all the information, we’ll take a thorough look at
it,” he said.

He and Edwin “Tommy” Tompkins, the Cameron County district
attorney, “are on the same page as far as taking a joint effort to
review and address the same information.”

While the derailment did happen in McKean County, Pavlock said
the impact went beyond county borders.

“I recognize that the derailment and spill occurred in McKean
County,” the district attorney said, “but had a severe and
devastating effect in Cameron County.”

The derailment of the Canadian National Railroad train – which
was being headed by a Norfolk Southern engine and crew – happened
in McKean County near the Cameron County line. Three of 28 derailed
cars split open, leading to the spillage of 40,000 gallons of
highly concentrated, liquid sodium hydroxide into the ground and
into Sinnemahoning-Portage Creek.

“I’ve been to the site on several occasions and have met with
the members of the agencies involved,” Pavlock said. “We’re working
with the different agencies involved.”

Those agencies include the Department of Environmental
Protection, Fish and Boat Commission, Federal Railroad
Administration and Cameron County Conservation District.

While Pavlock remained tightlipped about specifics in the
investigation, he did say there is no set time table for it to
proceed.

“I don’t think anyone can say there is a definite time table. We
wait for each agency to take their time, do a thorough and accurate
investigation and decide which way to go,” he said.

According to the Pennsylvania Criminal Code, where there is a
specific section dealing with property and waters, it is a crime to
pollute waters and the Commonwealth may take action to recoup
damages to fish, a “renewable natural resource.”

Under the section regarding pollution of waters, the Crimes Code
reads, “No person, regardless of intent, shall: allow any
substance, deleterious, destructive or poisonous to fish to be
turned into or allowed to run, flow, wash or be emptied into any
waters” in Pennsylvania.

Violating the law constitutes a misdemeanor of the third
degree.

The law also provides for the Commonwealth “to recover damages
in a civil action against any person who kills fish or who injures
any streams or stream beds by pollution or littering. In
determining the value of the fish killed the commission may
consider all factors that give value to such fish” include
commercial resale value, replacement costs or recreational value of
angling.