Ecology fines Union Pacific Railroad $106,000 for oil spill

Washington State Department of Ecology

Department of Ecology Press Release - October 26, 2005

05-263

Ecology fines Union Pacific Railroad $106,000 for oil spill

OLYMPIA - Union Pacific Railroad has been fined $106,000 by the state for spilling approximately 1,372 gallons of fuel and oil when two freight trains collided south of Kelso in November 2003.

The crash derailed three locomotives, spilling approximately 1,104 gallons of diesel fuel and 268 gallons of engine lube oil. Cleanup workers were able to recover approximately 1,208 gallons of oil from ground water. In addition, approximately 1,200 tons of petroleum-contaminated soil was excavated from the crash site. The emergency cleanup took 17 days to complete.

The size of the penalty from the state Department of Ecology (Ecology) was based on the length of time the spill posed a threat to the environment and on a finding of negligence based on a National Transportation Safety Board (NTSB) investigation earlier this year that attributed the crash to Union Pacific (UP) crewmembers who were asleep on the job.

In June, the NTSB determined that the UP conductor and engineer failed to acknowledge approach signals and stop the UP train to allow an oncoming Burlington Northern/Santa Fe train to switch tracks.

"Hazardous materials are transported on our railways every day. Rail operators must make every effort to transport their loads safely, particularly on a major transportation corridor like this," said Dale Jensen, manager of Ecology's spills program.

Ecology officials were satisfied with the spill-response and cleanup effort following the collision. "The response was prompt, thorough, and effectively contained the damage, keeping oil from reaching nearby wetlands," Jensen noted.

Ecology based the penalty on the NTSB investigation and findings, including:

Neither the engineer nor the conductor of the UP train responded to approach and stop signals for the interlocking at Longview Junction South.
The NTSB found no electrical or mechanical problems with the signals.
The UP train increased its speed from 46 mph at the approach signal to 49 mph at the point of collision.
The lead UP locomotive was not equipped with an alerter, a device that would have detected a lack of motion by crew members in the cab over a particular interval and sounded a whistle or bell to get their attention.

UP had 28 oil-related incidents statewide in the five years prior to the spill, according to Ecology records. Of those, 24 incidents impacted the environment and seven reached state waters.

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Media contact: Rick Manugian, public information officer, 360-407-6928