NOTICE
Notice is hereby given that a proposed Consent Decree in United States of America and People of the State of West Virginia, ex rel. West Virginia Department of Environmental Protection v. CSX Transportation, Inc., Civil Action No. 2:18-cv-01175, was lodged with the United States District Court for the Southern District of West Virginia, on July 24, 2018.
This proposed Consent Decree concerns a complaint filed by the United States of America and People of the State of West Virginia, ex rel. West Virginia Department of Environmental Protection against CSX Transportation, Inc., pursuant to Section 311 of the Clean Water Act, 33 U.S.C. 1321, and the West Virginia Water Pollution Control Act, West Virginia Code 22-11-6, -8, -10, and the West Virginia Ground Water Protection Act, West Virginia Code 22-12-4, -10, to obtain injunctive relief from, and impose civil penalties on the Defendant in connection with alleged discharge of oil into Armstrong Creek and the Kanawha River after Defendant’s train derailed in February 2015 near Mount Carbon, Fayette County, West Virginia. The proposed Consent Decree resolves these allegations by requiring the Defendant to pay a civil penalty and requiring the Defendant to participate in a State supplemental environmental project to settle West Virginia’s claims only.
Final settlement is subject to comments received during the thirty (30) day comment period ending on August 27, 2018. Comments and information requests about the proposed Consent Decree should be addressed to the Office of Legal Services, West Virginia Department of Environmental Protection, 601 57th Street SE, Charleston, WV 25304. Comments may also be submitted electronically to: [email protected]. The proposed Consent Decree may be viewed at the Clerk’s Office, United States District Court for the Southern District of West Virginia, Charleston Division, Robert C. Byrd United States Courthouse, 300 Virginia Street East, Suite 2400, Charleston, WV 25301. In addition, the proposed Consent Decree may be examined electronically at http://www.justice.gov/enrd/Consent_Decrees.html.
7-27-FRI-1-RH; LG 121726
ID: 121726