On May 15, 2003, Region III issued an Administrative Complaint against CSX Transportation, Inc ( CSX ) pertaining to a violation of Section 311(b)(3) of the Clean Water Act, as amended, ( CWA ), 33 U.S.C. Section 1321(b)(3). The violation occurred as a result of an discharge of an estimated 1900 gallons of diesel fuel oil into the Chesapeake & Ohio Canal from the Cumberland Rail Yard in Allegheny County, Maryland on March 18, 2002. The Administrative Complaint was issued pursuant to Section 311(b)(6)(B)(i) of the CWA, 33 U.S.C. Section 1321(b)(6)(B)(i), and proposed a Class I penalty of $10,164.00. Pursuant to Section 311(b)(6)(B)(i) of the Act and 40 C.F.R. Section 19.4, the Respondent is liable for civil penaltites of up to $11,000 per violation, up to a maximum of $27,500.
CSX Transportation, Inc. ( CSX ) agreed to pay a $8,640.00 penalty in settlement of a Clean Water Act ( CWA ) penalty action. CSX operates a rail yard in Cumberland, Maryland. On March 18, 2002, a CSX train ran a switch in the yard which caused a locomotive to derail. During the derailment, the locomotive's fuel tank was punctured and approximately 1900 gallons of diesel fuel was released. Most of this fuel entered the Chesapeake & Ohio Canal, which is adjacent to and downhill from the rail yard. The Canal is a tributary of the North Branch of the Potomac River and therefore a navigable water of the United States. The release of fuel oil from the CSX rail yard into the Canal violated Section