Home » Maine agencies inform CPKC of environmental violation in derailment cleanup

Maine agencies inform CPKC of environmental violation in derailment cleanup

By Trains Staff | May 1, 2023

| Last updated on February 5, 2024


Letter says company must stabilize access roads, should stop using heavy equipment until weather improves

Derailed locomotives and freight cars
The scene of an April 15 CPKC derailment in northern Maine. The railroad’s clean-up efforts have run afoul of government regulations. Jackman-Moose River Fire & Rescue Department via Facebook

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].

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