Cherryville, MO – Burlington Northern Railroad (BNR) faced significant penalties in 1999 following a federal investigation into illegal dumping of hazardous lead waste at its rail car cleaning facility in Cherryville, Missouri. The case, brought by the Environmental Protection Agency (EPA), revealed a systematic disregard for environmental regulations resulting in widespread contamination of local waterways and land.
The BNR facility, operated by a subcontractor, specialized in cleaning gondola rail cars used to transport lead concentrate from mines in Missouri. Investigators discovered that approximately 40,000 tons of lead concentrate were illegally dumped directly on the ground at the cleaning site. Furthermore, an undetermined quantity of lead-contaminated waste was dispersed at various locations throughout Cherryville, posing a significant health risk to residents and wildlife.
The most concerning aspect of the case was the direct impact on Cherryvalley Creek, a tributary of the mighty Mississippi River. The creek ran directly through the rail car cleaning facility and served as a continuous recipient of the illegally discharged waste. This contamination threatened the water quality of the Mississippi, a vital waterway for transportation, agriculture, and drinking water.
Legal Ramifications & Penalties
On April 12, 1998, Burlington Northern Railroad was charged with three counts: two violations of the Clean Water Act (CWA), specifically 33 U.S.C. 1319(c)(2)(A) – knowingly violating discharge requirements – and one count of violating the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9603, for failing to notify authorities of the hazardous substance release. BNR ultimately pled guilty to all three counts.
The sentencing, handed down in March 1999, included a substantial $7 million federal fine and a mandated $12 million payment to cover the extensive cleanup costs associated with the contamination. The cleanup operation aimed to remediate the soil and water contamination at the facility and surrounding areas.
The investigation didn’t stop with the railroad. Calton, an individual involved in the operation of the facility, was indicted on one count of violating the Clean Water Act (33 U.S.C. 1319) on March 5, 1999. Calton also pled guilty and received a sentence of 24 months probation and a $1,000 local fine in August of the same year. This demonstrated that individual accountability was also pursued alongside corporate penalties.
Key Facts
- Defendant: Burlington Northern Railroad
- Location: Cherryville, Missouri
- Year: 1999
- Crime: Illegal dumping of lead concentrate and waste
- Laws Violated: Clean Water Act (33 U.S.C. 1319), CERCLA (42 U.S.C. 9603)
- Estimated Waste Dumped: 40,000 tons of lead concentrate + undetermined amount of lead waste
- Penalties: $7 million federal fine, $12 million cleanup costs (BNR); 24 months probation, $1,000 fine (Calton)
- Impacted Waterway: Cherryvalley Creek (tributary of the Mississippi River)
This case serves as a stark reminder of the environmental consequences of industrial negligence and the importance of stringent enforcement of environmental regulations. The long-term effects of the lead contamination on the Cherryville community and the Mississippi River ecosystem will likely be felt for years to come.
Source: EPA ECHO Enforcement Case Database
