EMPORIUM – The company responsible for a massive chemical spill
near the McKean/Cameron County border on June 30 was ordered Friday
to clean up the mess and prepare for financial penalties.

During a news conference at the Cameron County Courthouse,
Pennsylvania Department of Environmental Protection Secretary
Kathleen McGinty spelled out details of the state’s response to the
Norfolk Southern train derailment in a remote area near the village
of Gardeau.

She also discussed plans for a public forum at 6:30 p.m.
Wednesday in Emporium.

McGinty made it clear that Norfolk Southern, which has accepted
blame for the incident, will pay a heavy price.

“This spill has had a terrible effect on the environment and a
significant impact on the area’s quality of life,” the secretary
said. “The nature and scope of this accident warrant a cleanup
effort that is just as large in scale. Nothing less will do.”

McGinty announced that the DEP on Friday formally ordered
Norfolk Southern to clean up ground contamination and fully restore
Sinnemahoning Portage Creek.

At the same time, area residents and businesses were notified
that they will be asked to develop more localized restoration
projects, to be funded by civil penalties levied against the
railroad.

McGinty told Friday’s gathering that it’s important for citizens
to be heard at next week’s forum, which will also be held at the
Cameron County Courthouse.

“A number of residents report that the derailment has had a
profound effect on their lives,” McGinty said.

“Wednesday’s public meeting offers them the chance to join the
stakeholder effort and pinpoint restoration needs,” she
continued.

Sinnemahoning Portage Creek was devastated after the 31-car
derailment spilled 42,000 gallons of sodium hydroxide (lye), wiping
out fish and aquatic life for 7 1/2 miles. An unknown amount of the
chemical also soaked into the ground.

Friday’s DEP order sets up legally binding milestones to ensure
Norfolk Southern restores the area. The company must:

* Continue to maintain pH levels and inspect daily. As a
temporary measure, Norfolk Southern is applying a citric acid
solution to neutralize the sodium hydroxide still leaching into the
waters.

* Submit a report by Oct. 6 summarizing the analysis of soil and
groundwater, then take further samples and report results by Oct.
20.

* Evaluate the spill’s impact on the Driftwood Branch and
Sinnemahoning Creek itself.

* Deliver an expanded assessment by Nov. 15 detailing the scope
of ground contamination and damage to waterways; and

* Submit a schedule for eliminating discharges and seeps,
restoring affected streams and cleaning up ground
contamination.

Norfolk Southern could be subject to daily penalties of as much
as $35,000, dating back to June 30. McGinty said DEP might also
seek to reclaim damages to the state’s natural resources, under the
Hazardous Sites Cleanup Act.

The company, which has admitted that the train was traveling far
above the posted speed limit, may also face private litigation from
parties alleging damage as a result of the spill.

Cameron County Commissioner Glen Fiebig revealed last week that
at least one private attorney has been conferring with local
officials, business operators and landowners to test the waters for
a potential class action suit.

Additionally, McKean County District Attorney John Pavlock and
Cameron County DA Tommy Tompkins have conferred about possible
criminal charges.

Although pH levels have returned to normal, DEP cautions the
public to avoid Sinnemahoning Portage Creek from the mouth of Big
Fill Run to a point 1,000 feet downstream.