Public Notice: Proposed settlement with BNSF Railway Company for Clean Water Act violations in Idaho
Summary
EPA is providing notice of a proposed administrative penalty settlement with BNSF Railway Company for violations of Sections 311(b)(3) and 301(a) of Clean Water Act resulting from a freight train derailment that discharged diesel fuel into the Kootenai River near Katka, Idaho.
This action is being simultaneously commenced and concluded in a legal document called a Consent Agreement and Final Order. Under the proposed agreement (see "related documents"), the respondent will pay a civil penalty of $191,000.
Respondent
BNSF Railway Company
2650 Lou Menk Drive
Fort Worth, Texas 76131-2830
Legal authority
This is a Class II administrative penalty proceeding governed by Section 311(b)(6) of the Clean Water Act [33 U.S.C. § 1321(b)(6)], and the procedural rules found at 40 CFR Part 22. The requirements that apply to public comment and participation are set forth in Clean Water Act section 311(b)(6)(C) and 40 CFR § 22.45.