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Railroad offering ‘inconvenience’ compensation

EAST PALESTINE — Norfolk Southern railway has been offering $1,000 checks to residents in and around East Palestine affected by the Feb. 3 derailment that released toxic chemicals.

A Norfolk Southern spokesman said the residents would not be giving up any future rights for possible legal damages by accepting the money.

“Residents and businesses accepting compensation and reimbursements for expenses or inconvenience is not a settlement of any future claim against Norfolk Southern,” said spokesman Connor Spielmaker. “The only document they sign is an acknowledgment that they have received funds, it is not a legal disclaimer.”

Atty. David Engler, who has a law office in Warren,is advising clients in East Palestine about receiving inconvenience checks — as they could cause a loss of future benefits. He said his firm is representing three area families in this matter.

People would need to have an agreement that states such a payment “in no way limits” their ability to collect from the railroad any other damages that they might receive, and in no way impacts any future cause of legal action people may have, Engler said.

Norfolk Southern is not going door-to-door offering payments. Spielmaker said, however, the railroad is reaching out to provide aid to about 30 East Palestine businesses.

Spielmaker said Norfolk Southern has also established a family assistance center to address the needs of the community.

“Additionally, we are supporting the efforts of the (American) Red Cross and their temporary shelters through a $25,000 donation,” he said.

Staffers from the railroad also remain in East Palestine helping multiple derailment and environmental contractors.

AID DISTRIBUTION

In a news release Monday, the railroad noted more than 700 families and a number of businesses have been helped. In total, more than $1 million has been distributed directly to families to cover costs related to the evacuation, the release stated.

“Those include reimbursements and cash advancements for lodging, travel, food, clothes and other related items,” the release noted.

Other assistance provided, according to the railroad:

— A $220,000 donation to the East Palestine Fire Department to replace self-contained breathing apparatus air packs which allow firefighters to breathe compressed air when responding to fire.

— More than 100 air purifiers were provided to residents to use in their homes. Air purifiers are also being purchased for the municipal building in coordination with East Palestine’s city manager.

— Funded the cleaning and air monitoring services for the community’s elementary and high schools.

— In coordination with the U.S. EPA, the railroad completed more than 340 in-home air tests. More than 100 additional tests are scheduled. So far, the air monitoring has not shown any detections of substances related to the incident and does not indicate any health risk, according to the railroad’s news release.

— Norfolk Southern has also sampled the village’s drinking water supply wells, the drinking water system and private wells in areas potentially impacted by the release of toxic gases. Some 38 residents with private wells in the vicinity of the derailment have been contacted for testing. The results will be available next week, the news release states. A well task force is installing monitoring points around impacted waterways and the site of the derailment.

— Soil that has been excavated from the site is being sampled before safe disposal.

gvogrin@tribtoday.com

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