§ 77-c. Sanitary conditions. 1. It shall be the duty of every railroad corporation which operates a railroad within the state and whose annual revenue derived exclusively from freight operations is ten million dollars or more after applying the railroad revenue deflator formula set forth in title 49 CFR, part 1201, subpart A, section 1-1, to: (a) provide each locomotive used on such railroad for transportation or occupancy by railroad crew with potable drinking water; (b) maintain the toilet facilities provided on locomotives, so equipped, or cabooses, in those instances in which cabooses are used, in a working and sanitary condition; and (c) ensure that such toilet facility provides privacy to the person using such facility.
2. For purposes of this section, the phrase "sanitary conditions" shall mean a condition of good order and cleanliness.
3. The commissioner of transportation shall enforce the provisions of this section and may issue such order or orders as may be necessary to ensure compliance with such provisions.
4. Notice of violation of the provisions of this section shall be made in verified written complaint by a recognized railroad labor representative to the railroad superintendent of the division involved, and a copy filed with the department of transportation. Upon receipt of the complaint, the superintendent of the division shall advise the complainant and the department of transportation within five days as to the specific remedies taken or intended to be taken to resolve the complaint. If the superintendent disputes the allegations contained in the complaint, he, within five days of receipt, shall so notify the complainant and the department of transportation. The department of transportation shall be allowed a period of fifteen days to determine the validity of the complaint.
5. If the department finds that the complaint is meritorious, the department shall issue an appropriate order to the railroad specifying the conditions to be rectified and the time period in which such action shall be taken. If the railroad does not comply with the department's order, the commissioner of transportation shall be empowered to fine the railroad the sum of one hundred dollars for each day the violation exists.
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