The state Department of Environmental Protection has issued a
Notice of Violation to Norfolk Southern Railroad in response to the
train derailment June 30 near Gardeau.

“This citation reflects the reality that the waters of
Sinnemahoning-Portage Creek and the aquatic life that existed there
were devastated as a consequence of the spill,” said Kelly Burch,
DEP Northwest Regional director. “Pennsylvania’s tough
environmental laws give us the ability we need to hold parties
accountable when there are incidents such as this, and we do plan
to hold Norfolk Southern accountable.”

The notice is a formal notification to the company that its
actions have violated numerous state environmental regulations. The
citation carries penalties of up to $35,000 per day, starting from
the date of the original spill and continuing until the violations
cease.

“That just really begins an administrative process,” said Rudy
Husband, spokesman for Norfolk Southern. “We’ll have the
opportunity to respond as the process moves along.”

Freda Tarbell, community relations coordinator for the DEP,
explained the notice issued to Norfolk Southern is a common
notice.

“This is not anything that would be unique to this particular
situation,” she said. Tarbell explained that if a sewage treatment
plant malfunctioned, the DEP would issue the same type of
notice.

“It can be for a wide variety of circumstances,” she added.

Because the chemical contamination still exists at the site of
the train derailment, the issue is considered an ongoing matter.
Because of that, no fines or penalties have been calculated or
levied against Norfolk Southern as of yet, Tarbell said.

“The (notice) cites the railroad for the ongoing discharge of
pollution and encroachments into Commonwealth waters, the
unpermitted disposal of wastes and the release of hazardous
substances,” reads a press release from the DEP.

“Until all of these items are addressed and put to rest, that
liability will be ongoing,” Tarbell said. When the train derailed
June 30, 44,000 gallons of sodium hydroxide spilled into the ground
and Sinnemahoning-Portage Creek. The portion remaining in the
ground has yet to be determined, but consultants for Norfolk
Southern are currently working to determine that amount.

“Right now they are developing a site assessment plan through
the use of borings and drilling monitoring wells to determine what
the perimeter is as far as contamination is concerned,” Tarbell
said. “They need to determine how far the contamination extends,
not only in width but in depth. They have to determine a scope of
the problem.”

And that’s what the consultants for the railroad have been
doing, now that all the debris from the derailment has been
removed.

Husband said, “We have a pretty good idea of the extent of areas
that have been contaminated. We just have to continue to remediate
these areas.”

He explained Norfolk Southern has been treating the ground in
the area of the derailment with a citric acid solution to
neutralize the pH of the sodium hydroxide still leaching from the
soil into the stream.

“Although it’s a temporary system, it’s doing a good job of
neutralizing the sodium hydroxide so it’s in the neutral range when
it reaches the stream,” Tarbell said. “But it’s still a
discharge.”

The goal is to have no discharge whatsoever, she stressed.

In the weeks since the derailment, Norfolk Southern has been
sampling residential water in the area.

“We’ve been very encouraged by the results we’ve seen from the
water sampling,” Husband said.

He added that some other welcome signs are making their presence
known as well.

“Frogs and minnows are returning,” Husband said. “That’s very
good news.”

In the immediate aftermath of the derailment, devastation to
aquatic life was tracked more than seven miles downstream of the
spill.

Tarbell said Norfolk Southern will develop and present a plan to
the DEP of how they intend to fix the contamination, and the
agencies will enter into a legally binding agreement where the
company is held liable for doing the work within a specific
timetable.

“The company has been making substantial progress in doing this
work,” she said. “We’re hopeful this forward progress is going to
continue.”