The state Department of Environmental Protection on Thursday
issued a permit to Norfolk Southern, authorizing the railroad to
excavate contaminated soil that continues to leach sodium hydroxide
into Big Fill Hollow near Gardeau in southern McKean County.

The contamination is the result of a June 30 derailment at the
site, which caused a 31-car pile-up and the discharge of 42,000
gallons of the material – also known as caustic soda or lye – into
the nearby Sinnemahoning-Portage Creek, which is designated as an
exceptional value and wild trout stream.

The agency’s action follows closely on the heels of its $8.89
million fine against Norfolk Southern for violations of the state’s
Clean Streams Law and Solid Waste Management and Hazardous Sites
Cleanup acts.

“This work is designed to get to the root of ongoing
contamination of the stream,” DEP Northwest Regional Director Kelly
Burch said. “Removing the contaminated soil will help to stop
sodium hydroxide from seeping into the stream. This cleanup step
also is necessary to ensure the full restoration of the effected
waterways and wetlands.”

DEP officials said the permit allows Norfolk Southern to
temporarily divert 60 feet of the Big Fill Hollow watercourse,
excavate and restore 2,500-square-feet of the site’s floodway,
build a temporary clean water ditch through the floodway and build
groundwater collection devices within the floodway watercourse that
are to be removed once the project is completed.

DEP Community Relations Coordinator Freda Tarbell said the work
will be restricted to the actual derailment and spill site on the
east side of the railroad tracks. Meanwhile, additional work – not
requiring a permit – will end in the removal of nearly 1,500 cubic
yards of contaminated soil.

All of the excavated material must be disposed of at a permitted
landfill, officials said. Tarbell said there is more than one
landfill across the region interested in taking the material, but
did not indicate exactly which ones. Earlier reports revealed some
of the material could be headed to the Green Tree Landfill in Elk
County, but that could not be confirmed as of Thursday evening.

Tarbell said Norfolk Southern is required to dispose of the
material.

Officials also said the permit doesn’t authorize wetland
disturbance; all disturbed areas must be restored to the original
contours and replanted with native, indigenous plant species.

“The consultants working with Norfolk Southern have told us if
the weather remains decent enough to work in, they estimate the
contaminated soil removal would take about two months,” Tarbell
said.

The train derailed while descending Keating Summit. Railroad
officials confirmed it was traveling about 73 mph at the time of
the accident; the speed limit posted for that area of rail line was
15 mph.

When 28 of the 31 cars tipped over during the derailment, the
lye spilled into the nearby creek, wiping out fish and aquatic life
and damaging more than 11 miles downstream at the mouth of the
Fourmile Run near Emporium in Cameron County. The impact could be
felt as much as 30 miles downstream from the derailment site –
which is in the center of the Pennsylvania Wilds region.

On Aug. 14, the DEP issued a notice of violation to the
railroad, stating its actions violated numerous state environmental
regulations.

Officials said Thursday the agency and Norfolk Southern continue
to work on stream and wetland encroachment permitting issues on the
west side of the tracks.

The railroad has apparently appealed DEP’s complaint with the
Environmental Hearing Board, which cites the company for violations
of the state’s Clean Streams Law and requests $5.41 million for
discharges into Big Fill Run and related waterways. However, it has
not appealed the assessment of the $3.48 million civil penalty,
according to Tarbell, who added the railroad has until Nov. 23 to
do so.

Last month, railroad spokesman Rudy Husband called the fines
“unwarranted and not supported by facts or law.”

In addition to the more hefty penalties, the DEP is also seeking
a daily civil penalty of $46,420 for any ongoing discharge into the
Sinnemahoning-Portage Creek, effective from Oct. 19. While Tarbell
didn’t have the exact amount the company has racked up in fines
since that point, unofficial calculations at The Era – which
include weekends – indicate the railroad stands at $1.35 million in
fines as of Thursday.

State Rep. Martin Causer, R-Turtlepoint, is seeking the
development of a special account through the DEP to finance the
restoration of the area affected by the spill. The fines collected
by the agency would go into the account, which will then be
recycled back to the area for habitat improvement.