THE PURPOSE OF THIS REFERRAL IS TO REQUEST THAT DOJ FILED A CIVIL ACTION PURSUANT TO CWA SECTION 311, AS AMENDED BY THE OIL POLLUTION ACT OF 1990, AND CERCLA SECTION 109, SEEKING PENALTIES AND INJUNCTIVE RELIEF AGAINST NORFOLK SOUTHERN RAILWAY COMPANY FOR DISCHARGES OF OIL AND HAZARDOUS SUBSTANCES INTO NAVIGABLE WATERS, SPECIFICALLY BRIDGE CREEK CANAL, BRIDGE CREEK POND, BRIDGE CREEK, FLAT ROCK POND, AND HORSE CREEK AND THEIR TRIBUTARIES, IN AIKEN COUNTY, SC, AND FOR FAILING TO REPORT THESE DISCHARGES TO THE NATIONAL RESPONSE CENTER (NRC) IN A TIMELY MANNER. THE DISCHARGES OCCURRED AS A RESULT OF A TRAIN COLLISION BETWEEN TWO NORFOLK TRAINING ON JANUARY 6, 2005, IN GRANITEVILLE, SC. IN ADDITION, NORFOLK HAS HAD AT LEAST 9 OTHER SMALLER OIL SPILL IN REGION 4 WITHIN THE PAST 5 YEARS FOR WHICH ADDITIONAL INFORMATION IS REQUIRED TO DETERMINE WHETHER AND TO WHAT EXTENT PENALTIES SHOULD BE SOUGHT UNDER THE CWA.
The United States filed an Amended Complaint on March 9, 2009, alleging that Norfolk Southern violated Section 311 of the CWA by its discharge of 60 tons of chlorine and 66 barrels of oil into navigable waters of the US, and that Norfolk Southern also violated Section 103 of CERCLA by failing to immediately report the releases to the National Response Center. These violations stemmed from the Graniteville, South Carolina Norfolk Southern train derailment in January 2005.
On Monday, March 8, 2010, the U.S. Attorney for the District of South Carolina lodged the Conse