EMPORIUM – In what could be one of the largest natural resources
damage settlements in state history, Norfolk Southern will pay
,7.35 million to resolve its civil liability for a June 2006 train
derailment in McKean County that polluted and killed fish and other
aquatic life in Big Fill Run, Sinnemahoning-Portage Creek and the
Driftwood Branch of Sinnemahoning Creek.
McKean County District Attorney John Pavlock announced the
settlement Thursday during a press conference at the Emporium
Little League Field on the bank of the Portage Branch of the
Sinnemahoning Creek, site of some of the worst contamination after
the chemical spill.
As part of the agreement, Norfolk Southern will pay ,3.675
million each to the Pennsylvania Fish and Boat Commission and the
state Department of Environmental Protection.
The settlement focuses on the contamination of the environment
that occurred on June 30, 2006, when approximately 31 cars of a
train operated by Norfolk Southern derailed near Gardeau, in
Norwich Township. During that accident, liquid sodium hydroxide
spilled from three railcars into wetlands and entered Big Fill Run,
a tributary of the Sinnemahoning-Portage Creek that flows through
McKean County and into Cameron County.
From Big Fill Run, the spilled sodium hydroxide contaminated
soils, sediments, surface water, groundwater, and wetlands, and
killed or damaged fish and other aquatic life and terrestrial plant
and animal life.
Under a separate plea agreement with the McKean County district
attorney’s office, Norfolk Southern pleaded no contest to one
violation of Section 2504 of the Fish and Boat Code relating to the
pollution of waters. The agreement expressly recognizes that the
company will pay ,7.35 million to the Commonwealth of Pennsylvania
to mitigate the impacts of the spill in the area of the derailment
and that the civil settlement agreement expressly addresses and
fully compensates for the environmental harm and damage that
occurred.
A portion of the settlement, ,93,000, will be used to repay the
Fish and Boat Commission for its costs incurred investigating and
responding to the accident. The commission already has dedicated,
at a minimum of ,125,000 to the McKean County Boondocs Program, a
unique conservation and education project that uses the
construction of trout stream improvement devices as a means of
providing treatment to delinquent and dependent children.
The commission will deposit the remaining share of the
settlement into an interest-bearing, restricted revenue account
that can be used only for the development and implementation of
projects that benefit recreational fishing and boating and the
aquatic resources of Cameron, McKean, Elk and Potter counties.
Initially, the commission will focus on projects in the
Sinnemahoning Creek Watershed upstream of the confluence with the
First Fork of Sinnemahoning Creek.
“Of the total amoung of the settlement, a substantial portion
will be used to fund projects to improve the water resources of
Cameron, Elk, McKean and Potter counties, with the focus being on
the waterways immediately affected by the spill,” Pavlock said.
“This means the PFBC will distribute more than ,3 million locally.
The residents of these four counties know the streams in this area
better than anyone. They have fished in them, swum in them and
grown up beside them.
“Since they and the others who utilize and appreciate these
streams fully understand their benefit, it only makes sense that
they fully participate in the determination of how to put these
funds to their best use.”
Referring to the derailment, Pavlock said, “If you were standing
down by this stream one year, four months and 15 days ago, you
would have smelled the stench of a strong cleaner in the air. The
stream was a dark dye brown and fish were attempting to jump out of
the water to avoid the sodium hydroxide that had flowed down from
the derailment site a couple of miles upstream and just inside the
McKean County line.”
Pavlock said that Pennsylvania Fish and Boat Water Conservation
Officers Bill Crisp and “Pete” Mader were on the scene observing
the effects of the spill.
“They couldn’t prevent what occurred so they went to work
collecting evidence,” Pavlock said. “They continued to gather
evidence for many months to follow, including obtaining samples,
statements and taking pictures.”
Pavlock recognized local outdoors writer, Jim Zoschg of
Emporium, for his timely and critical videos of the stream damage
and large numbers of fish that died as a result of the spill. “When
NS attorneys questioned the number of fish we claimed were killed,
I showed them Jim’s video as proof,” Pavlock said.
The two WCO’s also contacted Pavlock’s office and within a week
Pavlock and County Detective Jerry Okerlund visited the derailment
scene and the stream to get first-hand information about how they
could assist the PFBC. Pavlock added, “We also met at the site and
in Cameron County with Edwin “Tommy” Tompkins and representatives
from Fish and Boat to come up with a joint plan and prepare our
civil and criminal cases to address this devastating event.”
Many meetings followed and civil counsel for the PFBC, Laurie
Shepler, kept in constant contact with the latest developments of
the case. After charges were filed, many sessions were held with NS
attorneys.
Also attending the news conference were Dr. Douglas J. Austen,
executive director of the PFBC, Tompkins and Cameron County
Commissioner Glen Fiebig.
