The engineer of the Norfolk Southern train that derailed in
Norwich Township last summer, causing an environmental catastrophe,
has been charged by Kane-based state police for operating the
speeding train while under the influence of drugs.
A warrant was issued for the arrest of Michael J. Seifert, 45,
of 188 Croften Drive, Buffalo, N.Y., on two counts of risking a
catastrophe, second-degree felonies; and one of recklessly
endangering another person, a second-degree misdemeanor.
District Judge Bill Todd of Smethport issued the warrant at the
request of Trooper Gary Stuckey, investigator for the Kane-based
state police.
The police criminal complaint explains that Seifert was the
engineer of the Norfolk Southern train Z30 on a section of railroad
track near the Village of Gardeau on June 30.
“As a direct result of both his reckless action and inaction,”
the train derailed, causing destruction of and damage to several
rail cars and area vegetation and released debris and sodium
hydroxide into the area and the stream, the complaint reads.
Seifert was operating the train while under the influence of
controlled substances, the complaint reads. Seifert was apparently
fired from his job last year.
“As a result of a search warrant served on the law offices of
Ambrose Freidman and Weichler in conjunction with U.S. (Department
of Transportation) Federal Railroad Administration, Subpart C,
Accident Toxicology Testing for Blood and Urine, it was learned
that Michael J. Seifert was also under the influence of
benzodiazepines and opiates,” the complaint reads. “This in
combination with failure to control the speed of train Z30 caused a
major environmental disaster, risked the life of local residents
and endangered first responding emergency personnel and Norfolk
Southern personnel.”
There was no explanation given as to whether the drugs were
prescription or illicit, or the alleged amount of drugs Seifert had
consumed. District Attorney John Pavlock would not comment.
According to the U.S. Drug Enforcement Administration,
benzodiazepines are depressants and can be used to prevent
seizures. The drugs are mostly prescription, except for Rohypnol,
which is commonly known as a date rape drug. Opiates include
prescription medications, such as narcotic analgesics, and illicit
drugs, such as heroin, according to the Web site sayno.com.
The criminal complaint explains that Seifert was responsible for
the speed and control of the train. “As the train crested the
Keating Summit and traveled south on the Buffalo line at a 2.6
percent downhill grade, the train reached a speed of 77 mph at
(7:27 a.m.),” the complaint reads.
The speed restriction in that area is 15 mph.
As a result, 32 cars derailed – four containing sodium hydroxide
solution, or caustic lye, and one containing chlorine. About 42,000
gallons of sodium hydroxide spilled into the ground and surrounding
aquatic area, “causing a major environmental disaster,” the
complaint reads.
The chlorine tank did not rupture, but 20 to 40 residents were
evacuated as a precaution. Chlorine gas is a respiratory irritant
that can be fatal.
The charges against Seifert state that he caused or risked a
catastrophe by his actions in operating the train, which resulted
in the release of sodium hydroxide, a caustic and harmful
substance; he caused or risked a catastrophe by his actions in
operating the train, which caused the potential for the release of
chlorine, which could have proven fatal to all forms of life in the
area; and that by his actions in operating the train, he endangered
himself and the conductor, and the chemical spill placed people
within a several mile radius in danger of death or serious
injury.
Pavlock released a brief statement regarding the charges against
Seifert.
“The investigation into the derailment is still ongoing and
future charges may be filed,” Pavlock said. “For example, the
Pennsylvania Fish and Boat Commission’s extensive investigation is
still ongoing, but near completion. Appropriate charges, if any,
will be filed against other parties and/or organizations as soon as
all pending investigations are completed.”
The stream into which the sodium hydroxide spilled, Big Fill Run
is a tributary to Sinnemahoning Portage Creek, which carries the
designation of “Class A Wild Trout Waters.”
The chemical in the water killed all the fish and aquatic life
in Big Fill Run and down through an 11-mile segment of the
Sinnemahoning Portage Creek in Cameron County.
The Department of Environmental Protection is already pursuing
$8.89 million in fines against Norfolk Southern for environmental
violations.
Norfolk Southern has appealed, spokesman Rudy Husband said
Friday.
“In the meantime, we’ve cooperated fully with the DEP. The
cleanup is ongoing. We’re moving contaminated soil,” he said. The
railroad also monitors the water and soil at 13 sites.
“The fact that the Fish and Boat Commission is restocking the
waterways in that area is a very strong positive indication that
the streams are recovering quickly from the spill,” Husband
said.
(The Associated Press contributed to this report.)
