Railroad company appeals water pollution fine after train crash into Oregon river
The railroad company whose trestle collapsed earlier this year, derailing a train into the Marys River in Corvallis, has appealed a fine for water pollution stemming from the incident, denying state officials’ versions of events.Included in the Department of Environmental Quality penalty notice that fined Portland & Western Railroad $81,600 fine was an order that the company inspect all its water crossing trestles for safety concerns and formulate a process for evaluating and prioritizing repairs, modifications or replacement.‘Reckless disregard’In January, the train bridge spanning Avery Park and Pioneer Park gave way under a 19-car freight train carrying pelletized fertilizer, dropping one railcar into the Marys River and leaving another partially in the water.The derailment spilled 199 tons of urea into the river over nine days, according to the DEQ. Urea, which can be synthesized or harvested from animal urine and is used in fertilizer, both sinks and dissolves in water.DEQ alleges the derailment was caused by reckless disregard on the part of Portland & Western Railroad Inc., issuing a civil penalty of $81,600 to the company in a notice made public Friday, Dec. 19.Several attempts, by email and phone, to reach railroad officials went unanswered.The appealPortland & Western Railroad filed an appeal the same day, according to a document provided by the DEQ. The agency initially reported that it wasn’t sure the appeal was filed by the established deadline.The company has requested a hearing with the agency over the penalty and denies several of the DEQ’s findings outlined in the notice.In its appeal, the company denies that the Jan. 4 incident “had a significant adverse impact on human health and the environment.” It also denies that railcars continued to release urea into the river through Jan. 12, as the DEQ alleges.Furthermore, Portland & Western Railroad denies the “characterization of and the related factual allegations regarding the condition of the bridge.” It also denies how the state characterized the railroad’s actions with respect to ”the inspection, maintenance and operation of the bridge.”In its defense, the Portland & Western Railroad appeal claims the bridge failure was an “act of God/Nature,” saying river flooding generated unusually high and fast-flowing water at the time and was a significant contributing factor to the collapse.The state has said urea can pollute water by introducing excessive nitrogen that promotes algal blooms, depletes dissolved oxygen and disrupts aquatic ecosystems. When it breaks down into ammonia, it can be toxic to aquatic organisms.Precipitating event?In May 2022, the trestle caught fire and took nearly nine hours to extinguish. Witnesses reported hearing explosions, possibly from propane tanks at a homeless encampment under the bridge.At the time, a spokesperson for Portland & Western Railroad Inc. said the structure had been “inspected thoroughly” and repairs were made before rail traffic resumed.The DEQ says the company in fact made only “minor repairs” at the trestle damaged in the 2022 fire and ”continued running freight trains over it” rather than replacing it.“Given the threat to human health, safety and the environment posed by a train accident involving freight such as chemicals, disregarding that risk constituted a gross deviation from the standard of care a reasonable person would observe in that situation,” the DEQ said in the penalty notice.As such, the state is demanding Portland & Western reinspect every trestle over a body of water in Oregon.However, in the appeal the railroad company is denying that it operates approximately 478 miles in Oregon. The railroad was bought by Genesee & Wyoming Inc. in 1995 but still uses the Portland & Western name locally.
The Department of Environmental Quality fined the railroad company $81,600 after the January crash.
The railroad company whose trestle collapsed earlier this year, derailing a train into the Marys River in Corvallis, has appealed a fine for water pollution stemming from the incident, denying state officials’ versions of events.
Included in the Department of Environmental Quality penalty notice that fined Portland & Western Railroad $81,600 fine was an order that the company inspect all its water crossing trestles for safety concerns and formulate a process for evaluating and prioritizing repairs, modifications or replacement.
‘Reckless disregard’
In January, the train bridge spanning Avery Park and Pioneer Park gave way under a 19-car freight train carrying pelletized fertilizer, dropping one railcar into the Marys River and leaving another partially in the water.
The derailment spilled 199 tons of urea into the river over nine days, according to the DEQ. Urea, which can be synthesized or harvested from animal urine and is used in fertilizer, both sinks and dissolves in water.
DEQ alleges the derailment was caused by reckless disregard on the part of Portland & Western Railroad Inc., issuing a civil penalty of $81,600 to the company in a notice made public Friday, Dec. 19.
Several attempts, by email and phone, to reach railroad officials went unanswered.
The appeal
Portland & Western Railroad filed an appeal the same day, according to a document provided by the DEQ. The agency initially reported that it wasn’t sure the appeal was filed by the established deadline.
The company has requested a hearing with the agency over the penalty and denies several of the DEQ’s findings outlined in the notice.
In its appeal, the company denies that the Jan. 4 incident “had a significant adverse impact on human health and the environment.” It also denies that railcars continued to release urea into the river through Jan. 12, as the DEQ alleges.
Furthermore, Portland & Western Railroad denies the “characterization of and the related factual allegations regarding the condition of the bridge.” It also denies how the state characterized the railroad’s actions with respect to ”the inspection, maintenance and operation of the bridge.”
In its defense, the Portland & Western Railroad appeal claims the bridge failure was an “act of God/Nature,” saying river flooding generated unusually high and fast-flowing water at the time and was a significant contributing factor to the collapse.
The state has said urea can pollute water by introducing excessive nitrogen that promotes algal blooms, depletes dissolved oxygen and disrupts aquatic ecosystems. When it breaks down into ammonia, it can be toxic to aquatic organisms.
Precipitating event?
In May 2022, the trestle caught fire and took nearly nine hours to extinguish. Witnesses reported hearing explosions, possibly from propane tanks at a homeless encampment under the bridge.
At the time, a spokesperson for Portland & Western Railroad Inc. said the structure had been “inspected thoroughly” and repairs were made before rail traffic resumed.
The DEQ says the company in fact made only “minor repairs” at the trestle damaged in the 2022 fire and ”continued running freight trains over it” rather than replacing it.
“Given the threat to human health, safety and the environment posed by a train accident involving freight such as chemicals, disregarding that risk constituted a gross deviation from the standard of care a reasonable person would observe in that situation,” the DEQ said in the penalty notice.
As such, the state is demanding Portland & Western reinspect every trestle over a body of water in Oregon.
However, in the appeal the railroad company is denying that it operates approximately 478 miles in Oregon. The railroad was bought by Genesee & Wyoming Inc. in 1995 but still uses the Portland & Western name locally.