The state Department of Environmental Protection has ordered Norfolk Southern Railway to fully restore Sinnemahoning-Portage Creek and clean up ground contaminated by toxic chemicals spilled when its train traveling more than 50 mph over the speed limit derailed on June 30.
The derailment of the 31-car southbound train near the village of Gardeau in McKean County spilled 42,000 gallons of sodium hydroxide, killing thousands of fish and all aquatic life in 7.5 miles of one of the state's best wild trout streams, and damaging another 25 miles of popular fishing streams.
DEP Secretary Kathleen McGinty, at a news conference yesterday in Emporium, Cameron County, said the accident has had a terrible impact on the local environment and residents' quality of life.
"The nature and scope of this accident warrant a cleanup effort that is just as large in scale. Nothing less will do," she said. "This order identifies the key next steps that Norfolk Southern must take to restore the watershed."
Last month the DEP issued a notice of violation to Norfolk Southern, indicating it violated numerous environmental regulations when the spilled tank cars of sodium hydroxide -- also known as caustic soda or lye -- killing thousands of fish.
The company could be subject to as much as $35,000 a day in penalties per violation from the day of the accident until the violations end.
Ms. McGinty said the unilateral departmental order yesterday sets up a timeline for the company to assess the stream and soil damage, file treatment reports and initiate cleanup activities. It requires Norfolk Southern to keep in place an interim treatment system for treating chemicals that continue to seep out of the creek bank and into the creek.
It also requires Norfolk Southern to submit an expanded environmental assessment report to the DEP by Nov. 15 that details stream damage and ground contamination, and submit a cleanup plan within 45 days after the DEP approves the assessment.
Rudy Husband, a Norfolk Southern spokesman, said the company has not seen the order and had no comment until it has a chance to review it.
Mr. Husband said the company has not determined how much of the sodium hydroxide remains in the soil along the creek, but indicated treatment activities are continuing.
Although alkalinity levels have returned to normal in the creek due to the ongoing treatment, the DEP is continuing to advise the public to avoid that section of the creek from the spill site near the mouth of Big Fill Run to a point 1,000 feet downstream.
Ms. McGinty also announced a plan to involve local residents and businesses in a series of public meetings where they will discuss problems caused by the derailment and regional restoration projects that will be funded by civil penalties that have yet to be levied against the company.
"A number of residents have reported to us that the derailment has had a profound effect on their lives, and that they want to be more involved with ongoing activities," Ms. McGinty said. "We welcome their input. No one knows better the needs of a community than the residents themselves."
The first public meeting will be held at 6:30 p.m. Wednesday in the Cameron County Courthouse.
In addition to seeking penalties, the department may seek to reclaim damages to the state's natural resources under the Hazardous Sites Cleanup Act, and has started the process necessary for developing such a claim.
"The problem is that there's no life in the stream. It was all killed in the spill and it could take a few years, somewhere between two and four years, before it starts to return to normal," said Kurt Knaus, a DEP spokesman.
"These are high quality streams and a central part of the Pennsylvania wilds region and have tremendous value and importance to the residents there. We expect to have the entire stream and region to be made whole again."
The DEP has established a Web site for residents seeking more information about the derailment and its aftermath. It is accessible at www.dep.state.pa.us. Click on "Northwest" or "Northcentral" on the left side of the page, then "Community involvement," then "Norfolk Southern Train Derailment."
