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Louisville and Nashville Railroad, Pollution, KY 1983

Louisville, KY – The Louisville and Nashville Railroad (L&N) was slapped with a $38,000 fine in November 1983 after pleading guilty to federal charges of water pollution, according to court documents obtained by GrimyTimes. The railroad admitted to illegally discharging pollutants, including diesel fuel, into the Louisville metropolitan sewer system and, ultimately, the Ohio River.

The case, brought forth by the Environmental Protection Agency (EPA), alleged that L&N’s actions not only violated the Clean Water Act but also created a significant public safety hazard. The discharge of flammable substances like diesel fuel into the Publicly Owned Treatment Works (POTW) – the city’s sewer system – raised the risk of fire and explosion, potentially endangering wastewater treatment plant personnel and the surrounding community. Investigators determined the railroad failed to properly manage and dispose of pollutants generated by its operations.

Details of the Violation

The EPA filed a two-count information on November 15, 1982, detailing the violations. The first count charged L&N with discharging pollutants without the necessary permit, a direct breach of Section 301(a) and 309(c)(1) of the Clean Water Act (33 U.S.C. 1311(a), 1319(c)(1), and 1342). The second count focused on the railroad’s failure to adhere to pretreatment standards for discharges into the POTW, violating Sections 301(a), 307(d), and 309(c)(1) of the same act (33 U.S.C. 1311(a), 1317(d), and 1319(c)(1)). Pretreatment standards are designed to ensure that industrial wastewater doesn’t interfere with the operation of the POTW or pass through untreated pollutants into receiving waters like the Ohio River.

Sources close to the investigation indicate that the EPA’s probe was triggered by unusually high levels of hydrocarbons detected in the sewer system. Subsequent investigations traced the source back to L&N’s rail yard and maintenance facilities. While the exact volume of pollutants discharged remains undisclosed, the EPA deemed the violations serious enough to warrant criminal prosecution.

Penalty and Aftermath

Facing mounting evidence, L&N swiftly entered a guilty plea on November 16, 1982. Judge [Judge’s name not available in source data] sentenced the railroad to a $19,000 fine for each of the two counts, totaling a $38,000 penalty. While the fine represents a relatively modest sum by today’s standards, it was a significant enforcement action in 1983, demonstrating the federal government’s commitment to protecting water resources and holding polluters accountable. It is unclear if any remedial measures or operational changes were mandated as part of the settlement beyond the financial penalty.

Key Facts

  • Defendant: Louisville and Nashville Railroad
  • Crime: Illegal discharge of pollutants into municipal sewer and Ohio River
  • State: Kentucky
  • Year: 1983
  • Statutes Violated: 33 U.S.C. 1311(a), 33 U.S.C. 1317(d), 33 U.S.C. 1319(c)(1), 33 U.S.C. 1342, 33 U.S.C. 1319(c)(2)(A)
  • Penalty: $38,000 fine
  • Hazard: Created risk of fire and explosion within the POTW

GrimyTimes will continue to follow developments related to environmental enforcement cases and report on efforts to hold corporations accountable for polluting our communities.


Source: EPA ECHO Enforcement Case Database

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