Contact: Michael Globetti, DNREC Public Affairs, 302-739-9902
DNREC issues Secretary’s Order to Norfolk Southern Railway Co.,
regarding contamination at 12th Street dump site in Wilmington
DOVER (June 23, 2015) – DNREC Secretary David Small has issued a Secretary’s Order to Norfolk Southern Railway Co., a/k/a Norfolk Southern Corporation (NSC), for non-compliance with Delaware’s laws and regulations governing the Hazardous Substance Cleanup Act (HSCA). The Secretary’s Order calls for Norfolk Southern to begin an investigation and feasibility study of an area of contamination associated with the 12th Street dump site (DE-0294), as well as reimbursing DNREC’s Site Investigation and Restoration Section (SIRS) for past costs.
The area of contamination is located at 1280 Railcar Avenue, Wilmington, and identified by New Castle County as tax parcel number 26-037.00-005. The contaminated area encompasses approximately 1.1 acres of the western portion of the 75.88 acre parcel and is bordered to the west by the Howard R. Young Correctional Institution.
While other agencies and parties have been responsive to creating a plan for remedying the contamination, Norfolk Southern has continued to resist moving forward with it. Repeated unsuccessful attempts to resolve the matter with NSC through SIRS’ Voluntary Cleanup Program have been unsuccessful, and DNREC determined that an enforcement action was necessary in order to progress with the investigation and/or cleanup at the area of contamination.
Within 90 days of receipt of the Secretary’s Order, NSC is required to submit a work plan for the remedial investigation and feasibility study of the contaminated area to DNREC-SIRS for review and approval, while having one year to complete both the remedial investigation and feasibility study.
After SIRS issues the Final Plan of Remedial Action for the area of contamination, Norfolk Southern will also be required to implement all of the remedial actions in the final plan.
The Secretary’s Order issued to Norfolk Southern can be found on the DNREC website at http://www.dnrec.delaware.gov/Info/Pages/SecOrders_Enforcement.aspx.
Vol. 45, No. 198