Agreement signals administration’s commitment to protecting the Anacostia
Washington, DC – Today the District and CSX Transportation, Inc. announced an agreement in principle in which CSX Transportation, Inc. (CSXT) will make a $7.5 million contribution to a fund DDOE will use to help finance its cleanup efforts at other private sector and government sites on the Anacostia River, pay a civil penalty of $500,000, reimburse the District Department of the Environment’s (DDOE) future oversight costs, conduct a site-wide investigation and natural resource damage assessment, and clean up pollutants on or emanating from its Benning Road rail yard.
The agreement will be reduced to a consent decree, which when finalized will be open for public comment. The agreement arose as a result of DDOE inspectors having observed discharges of petroleum into a stream located on the yard. The stream is known as the Fort Dupont stream, or Smith Branch; the stream, in turn, discharges to the Anacostia.
Mayor Adrian M. Fenty said, “This substantial settlement and civil penalty demonstrates the rigorous and creative enforcement the District will conduct to clean up the Anacostia. I want to thank CSXT for continuing to support the District’s efforts to improve the health of the Anacostia River.”
Attorney General Peter J. Nickles applauded the settlement, noting “This settlement is intended to send a strong message – that the District will aggressively, but thoughtfully, pursue entities that harm the environment and threaten public health. This case demonstrates that we mean business, and will vigorously enforce our environmental laws.”
DDOE Acting Director Christophe A. G. Tulou said, “This settlement is an essential component in our strategy to restore the Anacostia River to its full vitality. The District is already vigorously engaged in ensuring clean-up of several contaminated sites along the Anacostia River, such as at Poplar Point, and at the Navy Yard. We look forward to additional successes at other sites.”
CSXT has begun the process of investigating and remediating the site, including designing, installing and operating a new improved stormwater management system, in a process directed by the District Department of the Environment (DDOE). DDOE will be assisted by various federal agencies, including the National Oceanographic and Atmospheric Administration and the U.S. Fish & Wildlife Service.
"CSXT seeks to comply fully with the laws and regulations of the District and, beyond that, to serve as an environmental leader in our operations,” said Skip Elliott, CSXT’s Vice President of Public Safety and the Environment. “We will continue to work closely with the District under our agreement to monitor and mitigate any adverse environmental impacts associated with the former locomotive fueling system at Benning Yard.”