APRIL 10, 2023 - CWA SECTION 311 CLASS II CONSENT AGREEMENT AND FINAL ORDER
On October 9, 2019, a multi-car train owned and operated by Respondent derailed along a trestle bridge located near 220 Hwy 247 Spur, Kathleen, Georgia 31047 (Derailment). The Derailment included a locomotive, 29 loaded auto racks, one loaded tank car of tallow oil, one empty hopper car, one loaded hopper car of malt, and two empty flat cars.
As a result of the Derailment, Respondent caused the discharge of approximately 50 gallons of diesel fuel from the locomotive, 12,000 gallons of tallow oil from the loaded tank car, and 10 tons of malt from the loaded hopper car (collectively referred to as the Facility) into or upon Mossy Creek and/or its adjoining shorelines, which flows into Big Indian Creek, and then the Ocmulgee and
Altamaha Rivers.
Respondent responded to the Derailment with oversight by the emergency response programs of the EPA and GEPD.
As a result of the discharges, Respondent undertook immediate response measures to contain, remediate, and restore the spill site and adjoining shorelines. These actions were completed to the satisfaction of the Complainant.
Based on several visits to the spill site, as well as information provided by Respondent, the EPA confirmed that the discharges of diesel fuel and tallow oil caused a sheen, sludge, emulsion or exceedance of water quality standards in Mossy Creek and/or its adjoining shorelines. Respondent also did not have an NPDES p