Under a proposed consent agreement with the Ohio Attorney General and Environmental Protection Agency, CSX Transportation, Inc. will pay $350,000 in civil penalties and related costs for spills into Cedar Creek in Lake Township and in other Ohio waterways.
Arcadis U.S., Inc., which was contracted by CSX for cleaning up after two train accidents, was charged with causing discharges into the Cuyahoga River, and will pay a civil penalty of $60,000.
The proposed settlements resolve an eight-count complaint brought against the rail company for spilling fuel, coal, and other wastes into waters of the state.
In all, eight spills happened between April 2006 and March 2009 and CSX trains were involved in all the incidents, according to the consent order.
The spills include:
• February 2008 – Walbridge: A punctured tank discharged diesel fuel into Cedar Creek.
• February 2009 – Lake Township: A locomotive engine leak discharged diesel fuel into Cedar Creek.
_ February 2009 – Lake Township: A malfunction with an oil/water separator resulted in fuel being spilled into Cedar Creek.
• April 2006 – Springdale (Hamilton County): A locomotive engine leak discharged diesel fuel into Beaver Run Creek.
• October 2007 – Painesville (Lake County): A derailment caused burning materials and ethanol fuel to be discharged into Black Brook Creek.
• December 2007 – Cuyahoga Falls (Summit County): A train/truck collision resulted in diesel fuel being discharged into the Cuyahoga River.
• November 2008 – Kent (Portage County): A derailment and collision resulted in sewage and coal being discharged into the Cuyahoga River.
_ March 2009 – Hamler (Henry County): A derailment resulted in coal being discharged into Beaver Creek.
The proposed consent orders have been filed in Cuyahoga County Common Pleas Court.
Public comments will be accepted until June 6 and may be sent to the Ohio EPA Division of Surface Water to the attention of Patti Smith, P.O. Box 1049, Columbus, O. 43216-1049.
CSX will pay $200,000 in civil penalties and an additional $150,000 to the Ohio Surface Water Improvement Fund.
Arcadis is based in Highland Ranch, Colorado. CSX is based in Jacksonville, Florida.