Rockland officials demand transparency, action from CSX in wake of massive brush fires
CONGERS − CSX refuses to take responsibility for the massive brush fires that cost residents and municipalities millions of dollars and continues to dodge providing information to county investigators, officials said during a news conference on Friday.
The dozens of brush fires stretched along the railroad tracks from Clarkstown to Stony Point, with flames licking houses and property along the route. The fires closed down roads, like Route 9W, as hundreds of Rockland firefighters from Rockland, aided by colleagues in Bergen County, New Jersey, Orange County and Westchester, battled to smite the flames.
And officials have no doubts that sparks from a CSX train set off the fires. They noted wherever the train passed, flames erupted in Clarkstown, Stony Point, Haverstraw, Haverstraw Village, and West Haverstraw. They spoke on Hazen Lane, with burned land in the background between the cul-de-sac and tracks during the afternoon of April 14.
Damage: Rockland homeowners can submit brush fire damage claims to CSX
Brush fires: Route 9W in Rockland reopens after fallen trees, rocks cleared from the brush fire
Letter: U.S. senators Charles Schumer and Kristen Gillibrand urge federal investigation into CSX
The officials demand transparency from CSX, a nationwide freight rail line, and that residents and municipalities be reimbursed for costs and property damage.
U.S. senators Charles Schumer and Kristen Gillibrand have urged the Federal Railroad Administration to investigate CSX
“The terrifying brush fires that tore through Rockland County last week – which forced dozens of scared residents to evacuate their homes and businesses and caused thousands of dollars in damage – has set off safety alarm bells along the CSX tracks,” Schumer said in a statement. “That is why I am calling on the FRA to investigate this incident to quickly address this vital safety issue and the CSX response and determine actions to prevent incidents like this in the future."
Sheriff Louis Falco said investigators walked the tracks and didn't find any accelerants or other evidence leaning credence to a cause other than the CSX train sparking and causing the fires. Officials have video of the sparks and photos of the flames.
Falco said CSX officials promised information on the train, repair reports, and video and drone footage, but have not lived up to their word. Rockland's state and federal officials sat in on the meetings and concurred with the sheriff. Rep. Michael Lawler, R-Rockland, noted CSX didn't promptly inform the Federal Railroad Administration of the fires, as required.
"We need cooperation from CSX to assist us in our investigation," Falco said, adding the investigators have videos and other evidence from residents and other sources. "They need to work with us and acknowledge their culpability."
The speakers noted that while CSX declined to admit the train cause the fires, the rail line has urged property owners and municipalities to submit forms seeking compensation.
Lawler, Assemblyman Kenneth Zebrowski, and other officials said CSX's culpability is obvious based on the evidence so far acquired.
"As Ken pointed out, it doesn't take a rocket scientist to know a train started the fire," Lawler said, drawing ironic laughter adding, "I've seen Mickey Mouse handle things better than CSX."
Rockland County Executive Ed Day said CSX officials first responded as if they didn't know about the brush fires. Day said CSX officials are now acknowledging there was a fire and the train was around, calling the explanation "ridiculous."
"We'll leave no stone unturned," Day said. "If there is a need for a criminal investigation, so be it."
Falco estimated millions of dollars in damages, noting property damage, the Congers Fire Department losing a $1 million fire truck and police overtime, and other expenses costing several local departments thousands of dollars.
Falco said while a total cost has not been determined, his department's cost hit $40,000. Clarkstown Supervisor George Hoehmann estimated $10,000 in overtime. And Stony Point Supervisor Jim Monaghan has said the town will put in a claim for approximately $5,900 in police overtime and related town costs. Monaghan said he expects volunteer fire companies will submit claims as well, including one that lost some radio equipment in the blaze. Fire companies responded to 13 separate calls in Stony Point, he said.
New York State Sen. William Weber, R-Rockland, introduced a bill that amends transportation law increasing penalties for individuals, corporations, companies, and associations violating rules and regulations related to braking systems, steering components, coupling devices, and the transportation of hazardous materials.
Updated fines: Sen. Bill Weber's sponsored bill for train firms
Under the proposed Weber-sponsored bill S6435:
A $1,000 fine for a first offense, a potential 60-day jail term, or both, for any person in violation. A second offense within 18 months could face a fine of $1,500 to $2,000 and up to 90 days of incarceration.
Any railroad corporation, company, association or partnership found guilty of violating any such rules could face a fine of $25,000 to $150,000.
Any railroad company would be liable for damage and pay restitution or reparation for any costs incurred from a violation, including environmental remediation and residential relocation of effected areas, or costs incurred by the State of New York or a municipality.
Lawler said he's working with his colleagues to change regulations, as well. He noted, for example, the current files allow CSX and other rail operators can disclose whatever they want to agencies - which Lawler called "insane."
"Freight trains are crucial to transporting goods across the country," Lawler said. "Rail safety is a concern across the country," noting the environmental and property damage caused by the derailment in East Palestine, Ohio, and derailments in Rockland and the region.
Assemblyman John McGowan said they aren't asking much from CSX other than transparency, responding to the sheriff's requests without obtaining a subpoena for data and to cooperate.
Retired Clarkstown Police Chief Kevin Kilduff, a Congers resident, said CSX's lack of cooperation is nothing new, noting that 23 years ago officials and then Sheriff James Kralick tried working with the train company on issues. He said they got stonewalled.
"They gave us nothing, but grief," Kilduff said. "Apparently, it hasn't changed."
Homeowners seeking compensation for damages should email damage estimates directly to CSX at rmfeedback@csx.com, Weber said.
Weber said it was also learned during an earlier meeting that CSX has video of the train at the time the brush fires were sparked, and the company agreed to provide a copy Falco for his investigation.
CSX spokesperson Bryan Tucker did not immediately return an email on Friday seeking comment on the news conference.
He said earlier that CSX teams were on the scene within hours and went door to door, meeting directly with residents and offering assistance.
"While there has been no official determination as to the cause, CSX has been and will continue to work closely with local officials to provide support, and we are certainly willing to review any information provided to us," Tucker said.
Previous CSX incidents
Rockland has been the scene of several rail derailments and fires in the past concerning the commercial railroad tracks across the county.
In 2017, more than 100 volunteer firefighters from at least six departments wrestled with five to six miles worth of brush fires along the CSX train line for nearly two hours.
Fires also broke out in Stony Point, the town and village of West Haverstraw, and the town and village of Haverstraw in a 30-minute span during the late March afternoon. The fires were knocked before 7 p.m., with firefighters chasing a few hot spots for about an hour after, Wren Jr. said.
A CSX train derailment in Orange County in March 2017 hospitalized four people with minor injuries, state police said. A privately-operated "135-foot articulating boom lift" that had been working in the area was struck by a southbound train near the Newburgh-New Windsor border — less than 30 miles from Rockland — derailing three locomotives and 16 rail cars, including five tankers.
"Close to a miracle," is how state police Capt. Richard Mazzone described the incident during a press conference. "It could have been much worse than it actually is."
Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com. Twitter: @lohudlegal.
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This article originally appeared on Rockland/Westchester Journal News: Rockland officials blast CSX for lack of cooperation with brush fires
