Environmental Law and Railroads

Transcription

1 Environmental Law and Railroads September 12, 2007 Suzanne Echevarria

2 Case Study in Non-Compliance Railroad worker was responsible for every detail of the safe and efficient maintenance and construction of track, structures... and was to assume similar duties with special projects One special project involved a rock-quarry located along the railroad on an embankment 200 feet above the Skagway River. 2

3 Project Details Project involved blasting rock, working fractured rock toward railcars for loading with a backhoe. The railroad hired a contracting company to supply equipment and labor for the project. 3

4 The Pipeline A high-pressure petroleum products pipeline ran parallel to the right-of-way Contractor took precautions to protect the pipeline by using a platform Location of the platform changed as work progressed 4

5 The Incident Contractor noticed fallen rocks located just off the tracks in the vicinity of the unprotected pipeline. Worker moved backhoe from work platform and drove it alongside of tracks Struck the pipeline gallons of oil were discharged into the Skagway River a navigable water of the United States. 5

6 Consequences Railroad Worker convicted of criminal negligence in discharging oil into the Skagway River. An Officer of the railroad was also charged with one count of negligently discharging a harmful amount of oil (later acquitted) Railroad, not contractor was held responsible Upon sentencing, RR Worker received an upward adjustment for supervisory role 6

7 Lessons Learned Ignorance is not OK Be aware of the projects in your area Ask Questions 7

8 Permitting Management and Compliance September 12, 2007 Deb Schafer

9 Objectives Increase awareness Review engineering activities that may be considered environmentally sensitive Assist in determining when permits are necessary Process Identification Obtain Permit Compliance Close-out 9

10 Why Me Non-compliance can result in civil penalties against an employer Criminal actions may be assessed against a company or individual Emphasis on regulatory compliance is growing Compliance is a sound business decision 10

11 Regulatory Concerns Water Quality Endangered Species Sensitive Habitats Cultural Resources 11

12 Permit Identification Work location River bank Stream or creek Shoreline Wetland or wetland-like area Work activity 12

13 Activities That May Require a Permit Maintenance Structure Repairs Vegetation Control Tie Replacement 13

14 Activities That May Require a Permit Design Construction Program Work Design Track Construction Bridge Construction Signal Program 14

15 Activities That May Require a Permit Emergency Response 15

16 Ordinary High Water Mark (OHWM) 16

17 Emergency Response Minimize footprint of emergency work. Avoid ground disturbance. Avoid impact to water quality. IMPORTANT PUT IT BACK THE WAY THAT IT WAS! 17

18 Obtaining a Permit Federal Environmental Protection Agency (EPA) US Army Corp of Engineers Bureau of Land Management (BLM) State State or Regional Water Quality Board Fish and Game Local Public Utilities Commission (PUC) County Flood Control Special Permitting... 18

19 19 WA ID NV NM MT CO CA ND AZ SD UT OR WY NE AR KS MN OK WI TX IL MI IA OH MO IN ME TN VA AL NY WV GA PA FL DE MS MD SC NJ NC VT KY NH CT MA DE DC Environmental Protection Agency Regions

20 Army Corps Divisions and Districts Northwestern Division Portland District Walla Walla District Seattle District Omaha District Kansas City District Mississippi Valley Division St. Paul District Rock Island District St. Louis District Memphis District Mississippi Valley District Vicksburg District New Orleans District Great Lakes & Ohio River Division Detroit District Chicago District Louisville District Nashville District Huntington District Pittsburgh District Buffalo District North Atlantic Division New England District New York District Philadelphia District Baltimore District Norfolk District South Pacific Division San Francisco District Los Angeles District Sacramento District Albuquerque District Southwestern Division Tulsa District Little Rock District Fort Worth District Galveston District South Atlantic Division Wilmington District Charleston District Savannah District Mobile District Jacksonville District 20

21 Compliance Permit Requirements for Subdivision Mile Post Brief description of project Permit(s) Federal: State: Local: Permit Type Permit Conditions Special Conditions Contacts Plan Your Work Communicate via Job Briefing 21

22 Permit Close-out Notification to the agency Certification that project is complete Ongoing monitoring and reporting 22

23 Establishing a Permitting Program Process Standards Communication Support Training Quality Relationships 23

24 Air and Water Air quality before and after Water quality before and after 24

25 Wetlands Before and after 25

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