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Railway Agrees to Pay over $49,000 Penalty and Change Practices to Resolve Solid Waste Claims in Settlement with MassDEP

Pan Am Railways and its subsidiary Boston & Maine Corporation (the Railway Companies) entered into an Administrative Order on Consent with Penalty (ACOP) to resolve allegations by the Massachusetts Department of Environmental Protection (MassDEP) of improper storage of solid waste near railroad tracks. Without admitting liability, in March 2013, the Railway Companies agreed to pay a penalty of $49,746.50 and to improve their rail tie storage practices.  

MassDEP alleged that the Railway Companies had discarded creosote treated railroad ties along railroads tracks in several Massachusetts communities, in one case causing a brush fire to become more dangerous and difficult to extinguish.  MassDEP claimed that this disposal violated a number of solid waste requirements, including the requirement to obtain a solid waste facility site assignment. 

The ACOP requires the Railway Companies to cease permanent disposal of railroad ties along their rail corridors, and provides a series of management requirements for railroad ties that allows for temporary storage of such ties near railroad tracks including for purposes of determining which are scrap and which may be reused, as long as various management requirements are met.

© 2017 Beveridge & Diamond PC


About this Author

Jeanine LG Grachuk, Environmental Litigation Lawye, Beveridge Diamond, Energy Permitting Attorney

Jeanine Grachuk’s practice includes environmental compliance counseling, environmental permitting of energy and brownfields redevelopment projects, and advice on managing environmental risk in complex transactions such as through environmental risk insurance.  Ms. Grachuk has experience with environmental issues arising within a variety of industrial sectors, including power generation, chemical production, and solid waste disposal. 

Stephen M. Richmond, Environmental Attorney, Beveridge Diamond Law FIrm

Stephen M. Richmond is an environmental lawyer and a Principal of Beveridge & Diamond, P.C. He is resident in the Firm’s Massachusetts office where for eight years he was the Managing Principal. Mr. Richmond's practice is focused on regulatory compliance counseling, and he concentrates on complex air, waste, and permitting issues. He has significant experience working on facility siting and due diligence projects, negotiation of transactional documents, and enforcement defense on federal and state environmental cases.