AUGUSTA, Maine — Canadian Pacific Kansas City has been cited by Maine agencies for violating anti-pollution rules because of “a large release of sediment” into streams during its clean-up of derailment in northern Maine, while another agency is saying the railroad must repair the roads it is using and prevent further releases.
The Portland Press-Herald reports the Maine Forest Service and Land Use Planning Commission issued a notice of violation on April 27. That notice says staff of the two agencies “observed sedimentation” as a result of derailment clean-up activities, says immediate action must be taken to stabilize soil “within 75 feet of protected natural resources” and urges the railroad to suspend use of access roads until site and weather conditions improve.
Meanwhile, a letter the same day from the commissioner of the state Department of Environmental Protection says the railroad’s need to contain the discharge of petroleum products at the derailment site “does not relieve the company of the responsibility to conduct those activities in the least environmentally damaging way” and “does not remove any liability the company may have” for violation of the state’s environmental laws.
The letter from Commissioner Melanie Loyzim says CPKC must “immediately” take measures to stabilize the access roads and stream and culvert crossings it is using to reach the derailment site, and similarly recommends that the railroad not use heavy equipment on most roads until forecast rains end.
In an email statement to the Associated Press, a CPKC representative said the railroad is committed to full restoration and cleanup at the site, and in cooperating with the agencies involved.
“The remote forested nature of the area combined with the spring thaw has made cleanup efforts challenging, including for the ingress and egress of people and equipment,” the statement said. “Throughout this response, the safety of personnel at the site and restoration of the environment remains our priority.”
The April 15 CPKC derailment in northern Maine injured three crew members and triggered a fire [see “Fire chief calls it a ‘miracle’ crew in Maine derailment wasn’t more seriously injured,” Trains News Wire, April 17, 2023]. This is the second time the Department of Environmental Protection has taken issue with clean-up efforts. Earlier, Loyzim said in a letter that the railroad “failed to meet Department expectations regarding timing and response of clean-up activities in order to effectively mitigate impacts to the environment and public health” [see “Maine agency unhappy …,” News Wire, April 22, 2023].
Maine is a logging state so there is plenty of sediment getting into streams but logging is good for business. On top of that every spring we have mud season and there is plenty of sediment that gets into the rivers and streams but mud season is a fact of life.
Kipp Meyers: Is the Illinois situation that you reference above the old Hwy 14 undercrossing at Deval Jct. (Des Plaines, Ex C&NW – Soo Line rail junction)?
I don’t know how many trains travel through this remote section, but it might be a good idea to have a high rail inspection proceed in advance of them during the mud season. I make this suggestion knowing that it would be frowned on by the bean counters as an unnecessary expense.
Petty bureaucrats at their worst. First the railroad “failed to meet Department expectations regarding timing and response of clean-up activities in order to effectively mitigate impacts to the environment and public health” then must “…suspend use of access roads until site and weather conditions improve.” Most EPA bureaucrats would be more helpful if they were issued plastic pails and shovels instead of authority over those who actually know what they are doing.
They could use the plastic pails to catch the “sediment” (likely mud) before it ran into the water, assuming they had left their Nike’s at the office and worn boots.
Too bad this isn’t the EPA and is instead two different STATE of MAINE departments…perhaps in any new regulations of the railroads they should include that ALL regulation is handled by Federal agencies only and States have NO/ZERO jurisdiction over anything related to railroads(even if the company is located entirely within one state).
True with the two state agencies. Just west of where I live, the Illinois Department of Transportation and Illinois Commerce Commission fought with each other for decades over if an obsolete highway/railroad underpass (low clearance, sharp S curves on each side, flooded in slight rain) would be replaced by a grade crossing with an acute angle or an impossibly expensive overpass/underpass. Once IDOT won on the grade crossing, there were years more fighting on if a median would required.