(2)(a) A railroad must submit a contingency plan for a high hazard train route to the department within 90 days after the date that operation of trains that cause a section of rail lines to meet the definition of a high hazard train route commences on that section of rail lines, or within a longer time period that is mutually agreed upon by the department and the railroad if the department and railroad agree that the longer time period is necessary.

(b) In addition to meeting the requirement of paragraph (a) of this subsection and immediately after the date that operation of trains that cause a section of rail lines to meet the definition of a high hazard train route commences on that section of rail lines, a railroad shall provide notice to the department that the railroad has commenced operation of a high hazard train route. Notice provided pursuant to this paragraph shall include:

(A) Identification of the high hazard train route for which the notice is provided;

(B) The names, addresses, phone numbers and electronic mail addresses for the primary contact for the railroad that owns or operates the high hazard train route and for the local primary contacts for the railroad that owns or operates the high hazard train route; and

(C) A statement of whether personnel are available to arrive on behalf of the railroad that owns or operates the high hazard train route to respond to an oil spill or release or threatened oil spill or release and if personnel are available, the contact information for the personnel.

(3) A contingency plan for a high hazard train route shall be submitted by the railroad that owns or operates the high hazard train route.

(4) A contingency plan for a high hazard train route must be renewed at least once every five years. An expiring approved contingency plan shall remain in effect until the department approves the renewed contingency plan.

(5) The department shall respond to the submission of a contingency plan or a contingency plan renewal for a high hazard train route within 90 days of the date that the contingency plan or the contingency plan renewal is submitted, or within a longer time period that is mutually agreed upon by the department and the railroad submitting the contingency plan if the department and railroad agree that the longer time period is necessary for the department to provide a response. Failure by the department to respond to a contingency plan or a contingency plan renewal within the requisite time period constitutes approval of the contingency plan or the contingency plan renewal.

(6) Failure by a railroad that owns or operates a high hazard train route to comply with this section or to be in compliance with a contingency plan submitted under this section does not preclude the railroad from operating the high hazard train route. [2019 c.581 §5]

Note: Sections 6 and 7, chapter 581, Oregon Laws 2019, provide:

Sec. 6. Notwithstanding section 5 (2) of this 2019 Act [468B.427 (2)], if operations of trains that cause a section of rail lines to meet the definition of a high hazard train route commence on or before the effective date of this 2019 Act [January 1, 2020], a contingency plan for the high hazard train route must be submitted to the Department of Environmental Quality no later than 12 months after the effective date of this 2019 Act. The department may adopt a schedule for submission of a contingency plan within the 12-month period. [2019 c.581 §6]

Sec. 7. Section 6 of this 2019 Act is repealed on January 2, 2022. [2019 c.581 §7]