Railroad Sued for Water Pollution in South Carolina Wreck

Nine men died and 250 people were injured after a 42 car Norfolk Southern freight train slammed into a parked train on a side track on the morning of January 6, 2005.

Fourteen cars on the moving train derailed, including three chlorine tank cars, one of which leaked a cloud of deadly green gas. About 5,400 Graniteville residents within one mile of the crash site were evacuated.

Investigators later determined the wreck was triggered by a track switch set to the wrong position, causing the train to veer from the main line onto the side track.

After the crash, diesel fuel and chlorine ran into a nearby creek killing fish and plants. Federal prosecutors now allege that the company was negligent in allowing the chemicals to leak into the waterway, damaging the environment.

The crash scene at Graniteville, South Carolina on January 6, 2005. (Photo courtesy Aiken County Public Safety)

As a result of the wreck, "chlorine discharged from the breached tank car settled upon and was absorbed into Horse Creek, its tributaries and their adjoining shorelines, injuring and killing fish and vegetation," prosecutors allege in the complaint.

The lawsuit also says Norfolk Southern failed to notify the federal National Response Center of the spill quickly enough. If a hazardous substance or oil spill is greater than a federally established level, the organization responsible for the release must notify the center.

The complaint says Norfolk Southern violated both the Clean Water Act and the federal Superfund law.

Norfolk Southern said in a statement Thursday that the government's claims will not stand up in court.

The U.S. Department of Justice "has rejected efforts by Norfolk Southern to resolve the matter and Norfolk Southern is disappointed the government is taking this action given its response following the derailment, its full cooperation in the investigation and its payment of governmental response costs," the company said.

"Norfolk Southern is confident that the civil penalties and relief sought by the Department will not be sustained."

Prosecutors with the Justice Department declined to comment Thursday. They would not say why they filed legal action or how much Norfolk Southern would have to pay if their claims are upheld in court.

The complaint says the company faces fines of up to $32,500 per day for violating federal clean water and Superfund laws.

Since then, Norfolk Southern has settled two class action lawsuits by victims who sought millions of dollars.

It also has settled a lawsuit by Avondale Mills, the textile company where the wreck occurred. Avondale claimed the chemical spill corroded mill equipment and led to the company's closure. The amount of that settlement has not been disclosed, but Avondale was seeking close to $500 million dollars.

To read ENS initial coverage of the train crash, see: Chlorine Gas From South Carolina Train Crash Kills Nine

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