Marion County declares local emergency after Dunnellon railroad‑tie fire; moves to sue CSX, TrackLine Rail LLC

Marion County commissioners on Feb. 1 declared a local state of emergency and voted unanimously to pursue an injunction against CSX Railway and TrackLine Rail LLC after a large fire burned railroad ties on property along the CSX right of way near Dunnellon.

The board approved a seven‑day emergency declaration that includes language allowing the chair to extend the declaration on a week‑to‑week basis as needed, a contingency added after discussion that county staff said would mirror the county's practice in hurricane responses. The motion to approve the emergency declaration was made and seconded on the floor and passed unanimously.

County legal staff and emergency managers told the board the incident follows months of enforcement activity. County counsel presented a timeline showing TrackLine Rail LLC applied to the Florida Department of Environmental Protection (FDEP) for an air‑permit Aug. 29, 2025; the FDEP issued a preliminary determination Oct. 2 and a draft permit Oct. 3. County code enforcement issued repeated notices of violation to CSX and TrackLine between October and December and issued a cease‑and‑desist and hazardous‑materials citation requiring removal and compliance with county requirements.

“On Oct. 24, the county code enforcement investigated the property after receiving a complaint regarding these stored railroad ties,” county legal staff said in a presentation to the board, outlining citations and repeated attempts to obtain removal and permit revocation before the Feb. 1 fire.

County emergency management and fire officials described the scale of the Feb. 1 response. “Our initial call came in 02:42AM. In total, we had 19 fire suppression units, 7 fire engines, 1 tower, 8 grass trucks, 3 tankers, and 54 firefighters in totality throughout the scene,” Marion County Fire Rescue Chief James Banta said. He said firefighters focused on containment to prevent spread into adjacent neighborhoods and commercial properties rather than attempting to extinguish every burning pile immediately.

Emergency Management Director Preston Bollens said CSX estimated roughly 100,000 railroad ties had been on site and county assessments put burned ties in a range between about 30,000 and 40,000. “They estimated about a 100,000 railroad ties,” Bollens said; his team described ongoing air and ground monitoring and repeated coordination with FDEP, the Florida Department of Health, the Florida Department of Emergency Management and CSX contractors.

County staff reported that CSX contractors and the county began independent air‑quality testing at the site; preliminary results shared at the meeting did not show readings outside tolerable levels beyond the immediate burning area, though staff said additional testing and soil sampling under DEP supervision would continue.

Commissioners pressed legal staff for options to require CSX and related companies to pay county costs. County Attorney (Minter) told the board a complaint for an injunction had been prepared and asked for a motion to proceed. The board first voted to consider the injunction and then voted to authorize filing; both motions passed unanimously.

The board directed staff to coordinate with the City of Dunnellon about joining the litigation where the rail right of way lies inside city limits and to track county personnel and apparatus costs for potential cost recovery under state statute or county ordinances. County counsel said defendants to be served would include TrackLine Rail LLC, Florida Northern (property manager), and CSX Railway.

The chair and commissioners praised first responders and state partners for the coordinated response. Commissioners asked staff to pursue all avenues to hold responsible parties to account for removal and remediation of ash and contaminated soils and to ensure appropriate monitoring of air and water near Blue Cove and surrounding neighborhoods.

The county's immediate next steps, as described at the meeting, include continuing independent air monitoring by the county HazMat team, coordinating soil sampling and remediation plans with FDEP, arranging gondola railcars to remove ties, and pursuing the injunction through the circuit court. County staff said FDEP would remain involved “from the beginning to the end” of remediation activity and that soils would be dug and sampled to acceptable DEP cleanup levels before being transported off site.

The injunction motion and the emergency declaration passed unanimously; commissioners said they would seek reimbursement of county costs and would press CSX for a prompt cleanup schedule.