DUNNELLON – A special magistrate on Feb. 10 ruled that CSX has violated several of the city of Dunnellon’s codes with the storage of thousands of creosote-treated railroad ties within the city limits.
Special Magistrate Audrie Hoehn told a packed audience at City Hall that starting Feb. 13, CSX will incur a fine of $250 per day. However, the fine won’t be imposed until after another hearing set for March.
On Feb. 9, City Hall was the venue of a special Dunnellon City Council meeting at which council decided to join the county in seeking an injunction against CSX, Track Line Rail LLC and anyone responsible for the railroad ties in Dunnellon.
Council also appointed Vice Mayor Tim Inskeep to monitor the activity at the fire site.
Fire
On Feb. 1, a large number of railroad ties burned. The smoke affected at least two neighborhoods, Blue Cove and Chatmire, angering residents who have long argued that the ties never should have been stored there.
Late last year, city and county officials became aware of the creosote-treated railroad ties. They contacted CSX, Track Line Rail LLC and others demanding removal of the ties.
CSX officials estimate there were approximately 100,000 railroad ties, stretching about a mile long. At the time of the fire, about half have caught fire.
County and city officials have been talking with CSX representatives, and a portion of the ties had been taken away by rail cars or trucks. Then came the fire. CSX owns the land that ties are on, and Track Line Rail LLC owns the actual ties, officials said.
City officials said the tie storage constituted a violation of city codes dealing with property maintenance and public nuisances.
CSX vice president
A city official told the magistrate at the Feb. 10 meeting that they had compliance from CSX until the fire.
Craig Camuso, regional vice president of CSX, attended the Feb. 9 council meeting and the Feb. 10 special magistrate hearing. At the Feb. 10 hearing, Camuso said the community’s safety and security is important and his company is actively working with all parties to move the ties from their present location.
He said CSX ordered Track Line Rail LLC to move the ties. Camuso said multiple rail cars were sent to the area and that will continue until all of the ties are removed.
Camuso said the fire was completely extinguished on Feb. 3. He said so far CSX has received no troubling air quality readings. Residents are asked to call a hotline, 1-888-479-698,3 to report any health concerns or property damage.
Soil samples have been taken, with results expected soon. He said they’re working closely with the state’s Department of Health and Department of Agriculture. Air samples are also being conducted for nearby communities, Camuso said. He said CSX is there until the job is complete.
CSX lawyer
A CSX lawyer, David Wells, told the magistrate the reason no company officials were at the January meeting was because they were told that the meeting had been canceled and the matter had been continued.
Wells said if they knew the meeting wasn’t canceled, they would have been there. While Wells said they’re aware the rail ties were at the location, he doesn’t think the company violated any city codes.
After hearing from everyone, the magistrate upheld the violations and imposed the fine.
Contact Austin L. Miller at austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: Special magistrate says CSX violates Dunnellon code with railroad ties
Reporting by Austin L. Miller, Ocala Star-Banner / Ocala Star-Banner
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