Attorney General's News Release

April 28, 1999

Court approves consent judgment ordering railroad to clean up lead sites in Crawford County, pay $1.4 million

Jefferson City, MO — Attorney General Jay Nixon today obtained a consent judgment requiring the Burlington Northern and Santa Fe Railway Co. (BNSF) to clean up several lead-contaminated sites in Crawford County and pay $1.4 million in penalties and damages.

Crawford County Circuit Court Judge William C. Seay gave final approval to the order requiring BNSF to clean up the sites where railcar waste was dumped and pay a $900,000 civil penalty to the state and $500,000 to the Missouri Natural Resources Damages account.

In 1994, the Missouri Department of Natural Resources discovered that six different sites in the county were contaminated with lead and cadmium waste from the cleaning of BNSF railcars. Additional investigation discovered more sites where the waste was dumped, including some residences. The consent judgment requires BNSF to investigate and remediate all property in Crawford County where railcar waste has been dumped.

"Burlington Northern will expend significant resources in time and money to investigate, remediate and pay for this dumping of hazardous waste," Nixon said. "The court order today and the criminal sentence in December show there are serious consequences for serious violations of the law."

Last December, the railroad was sentenced in federal court to pay $7 million in fines to the United States and $3 million in restitution to the state of Missouri. BSNF pleaded guilty to federal criminal charges that it repeatedly discharged lead sulfide into the environment at the company's railcar cleaning operation near Cherryville, resulting in significant amounts of lead accumulating at the site.

BNSF admitted its employees failed to notify federal officials as soon as they became aware of the release of a reportable amount of lead sulfide from the siding. BNSF also admitted that from about April 1992 through April 1994, it negligently discharged lead sulfide into Cherry Valley Creek, which runs through the area near the railroad siding. BNSF also agreed in the federal plea agreement to spend at least $9 million to remediate the Cherryville siding and the other related sites.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818