Ohio Train Derailment: Who Pays For The Clean-up?

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What happened

The environmental impact is still unfolding from the Feb. 3 derailment of a train carrying hazardous chemicals in East Palestine, Ohio. Authorities carried out a controlled burn on Feb. 6 to avoid an explosion. This released toxic fumes into the air and meant local residents had to be evacuated. At the time, Mike DeWine, Governor of Ohio warned, "Anyone who remains in the red affected area is facing grave danger of death."

So what

On Feb. 8, the governor told residents it was safe to return home. However, some complained to the Washington Post of strong chemical smells, as well as health issues such as headaches and nausea. The Environmental Protection Agency (EPA) says it is monitoring for several chemicals and byproducts. One big concern is vinyl chloride which can cause health problems including cancer in large doses. The EPA says it has not detected the vinyl chloride in homes and that its air monitoring hasn't shown chemical levels of concern.

In addition, water companies are checking the Ohio River and its subsidiaries. So far they say the contamination has been contained and does not pose a risk to consumers. Outside of the immediate pollution concerns, there are broader questions about longer-term impacts and who will cover the costs of the clean-up. 

Now what

The EPA wrote to the train operator, Norfolk Southern Railway Company on Feb. 10 to inform the company it may be responsible for the clean-up costs. It said the EPA had already spent significant public funds to investigate and control releases of hazardous substances. 

Norfolk Southern says it has distributed more than $1 million to residents and businesses to help with evacuation and other costs. This includes cash for the local fire department, air purifiers, and air monitoring. Health insurance goes some way to covering costs. But right now, residents have had to cover many costs from their own bank accounts and will need to claim money back. 

There are concerns about how long Norfolk Southern's support will be available and what will happen if locals have to deal with longer term health effects. If you live in the affected area, the following immediate help is available:

  • The EPA will check your home for vinyl chloride and other chemicals. As of Feb. 13, almost 400 homes had been screened with 65 more checks scheduled. Call (330) 849-3919 to organize home screening. 
  • Evacuated residents can make a claim for money spent on hotels, food, clothing, childcare, and pet care costs. Make sure you keep your receipts and be prepared to show ID and proof of residency.
  • Call the Norfolk Southern Family Assistance Center on (800) 230-7049 for more information and support. Residents and businesses can also visit the Family Assistance Center in person at Abundant Life Church, 46469 OH-46, in New Waterford.

So far, residents have filed four lawsuits against Norfolk Southern. One claims the costs of damages, lost business, and injuries could run to $5 million and accuses the company of negligence.

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