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    Home Archives Fines, lawsuits imminent in train crash
    Fines, lawsuits imminent in train crash
    Archives
    September 14, 2006

    Fines, lawsuits imminent in train crash

    By PAUL HEIMEL /

    EMPORIUM – The state’s top environmental official has called for
    a public forum to sort through the multi-million issues and
    long-term implications of the June 30 train derailment near the
    McKean/Cameron County border.

    For the first time since a speeding train derailed in a remote
    area and leaked more than 40,000 gallons of lye into Sinnemahoning
    Portage Creek, many of the public officials involved in the spill’s
    aftermath gathered for a roundtable assessment Thursday at the
    Cameron County Courthouse.

    State Sen. Joe Scarnati, R-Brockway, and state Rep. Martin
    Causer, R-Turtlepoint, were among the participants. Each pledged to
    hold the responsible parties accountable and ease the impact of the
    disaster as much as possible.

    Norfolk Southern will be hit with heavy fines and civil suits,
    but residents of Cameron County – where most of the environmental
    damage occurred – are worried they won’t be compensated for their
    losses.

    Pennsylvania Department of Environmental Protection Secretary
    Kathleen McGinty next week will set the date of a public forum to
    be held in Emporium. Affected citizens will be able to comment on
    the state’s response to the spill and ask questions.

    The plan was announced during Thursday’s session by Kelly Burch,
    DEP’s Northwest Regional Director.

    Burch was quick to point out that Norfolk Southern officials
    have cooperated with the investigation, accepted blame for the
    crash – the train was speeding at the time of the derailment. He
    said the company will share its environmental assessment and
    remediation plan no later than Oct. 6.

    “Their consultants will make recommendations, but we (DEP) will
    determine what must be done,” Burch added.

    The environmental damage is devastating by all accounts. It will
    take between five and seven years to run its course, officials said
    Thursday.

    “The initial flush killed literally everything,” Burch said. “We
    had to go seven miles downstream before we found a single living
    thing.”

    Waterways Conservation Officer Bill Crisp echoed Burch’s
    assessment. He said the sodium hydroxide produced a “100 percent
    fish kill.”

    Even if native species return to the affected area through
    tributaries or migration, Crisp said, “there’s absolutely no bugs
    or other food for them to eat.”

    He added that the impact of the spill was measured as far as 35
    miles downstream. A state-designated wetlands near the crash site
    was also contaminated. If Norfolk Southern’s treatment of the
    affected area with citric acid fails to stabilize soil acidity, the
    company may be forced to pay to remove the contaminated earth and
    replace it with clean fill and topsoil.

    Cameron County Commissioner Glen Fiebig said the area’s economy
    will feel the impact in April, when trout anglers traditionally
    fill the region’s seasonal residences and motels.

    “Fishing season is the biggest thing we have right now,” Fiebig
    said. “We can’t afford to lose any more business in Cameron County
    … our constituents, our businesses, deserve something.”

    Fiebig said Norfolk Southern could face a class action suit by
    those parties who can demonstrate a financial loss.

    Cameron County District Attorney Tommy Tompkins reported that he
    has conferred with McKean County DA John Pavlock to investigate the
    possibility of bringing criminal charges against Norfolk
    Southern.

    Because Sinnemahoning Portage Creek was a designated
    “exceptional value waterway,” state agencies have a detailed
    inventory of its physical characteristics, Burch pointed out.

    “We know what the stream will require in order to be fully
    restored,” he added. “We intend to hold Norfolk Southern
    accountable, telling them, in effect, you will do whatever it
    takes. The stream will be restored to its exceptional value
    status.”

    Scarnati and Causer got an earful from Cameron County officials.
    Tompkins suggested that the lawmakers press the state General
    Assembly to establish a disaster relief fund, similar to the
    tobacco settlements worked out by the federal government.

    Scarnati responded that “every option is on the table.”

    “We promote this area as the PA Wilds with the best, and we
    don’t want to lose that,” the senator added.

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