Scrap Dealer Ordered to Pay Fine for Spill

Erman Corp., a scrap recycling company, based in Kansas City, Kansas, has pleaded guilty in U.S. District Court in Kansas City, Kan., to one count of negligent violation of the Federal Waster Pollution Control Act. As part of the plea the company has been ordered to pay a $50,000 fine for causing a diesel spill at a creek in Topeka, Kansas.

The company was contracted by Burlington Northern and Santa Fe Railroads to scrap locomotives at the railroad’s yard in Topeka.

Erman began scrapping the locomotives in September, 2002. In its plea, the company admitted that without the knowledge or consent of the BNSF, employees of the scrap recycler started siphoning diesel fuel from one of the locomotive engines to power one of the scrap recycler’s cranes.

Siphoning continued on a regular basis during September and early November. On Nov. 8, 2002, Erman employees siphoned diesel fuel and failed to remove the siphon hose from the engine. As a result, a large amount of diesel fuel drained out of the hose and into the creek.

“As a result of the spill, the railroad and its contractors were required to remove several thousand gallons of diesel fuel from the Shunganunga Creek, as well as more than 80 tons of soil around the river bed that was contaminated by the fuel,” said U.S. Attorney Eric Melgren.