The Environmental Protection Agency has reached a proposed settlement with Union Pacific over a sulfuric acid spill at the railroad’s Herington yard more than four years ago.
The EPA Region 7 office in Lenexa said Wednesday the proposed administrative settlement includes a $24,000 civil penalty and completion of a $338,100 project over violations of the Clean Water Act.
EPA said in January 2012 two railroad tank cars collided in U.P.’s yard in Herington – about 85 miles northeast of Wichita – releasing 11,000 gallons of sulfuric acid. About 1,500 gallons were contained in a ditch, but the rest of the sulfuric acid flowed through to Lime Creek, affecting about 2 miles of the creek and resulting in a fish kill, EPA said in a news release Wednesday.
The railroad also paid $155,300 in August 2013 to the state for damage from the spill.
The Supplemental Environmental Project calls for U.P. to install earthen berms, flow barriers and manually operated drop gates aimed at minimizing runoff from the yard and into Lime Creek, EPA said.
The settlement will be open to a public comment period before it becomes final, which will be Dec. 15.