2021 Oregon Revised Statutes
Chapter 468B - Water Quality
Section 468B.429 - Requirements for contingency plans.

(a) Identify the high hazard train route for which the contingency plan is prepared.
(b) Demonstrate the capacity of the railroad that owns or operates the high hazard train route, both in material resources and finances, for the cleanup of an oil spill or release.
(c) Include the following information related to specified personnel and equipment that are available to respond to an oil spill or release:
(A) 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;
(B) A list that identifies all personnel, equipment and services available to respond to an oil spill or release pursuant to a written contract between the railroad that owns or operates the high hazard train route and other entities;
(C) The contact information for personnel available to arrive on behalf of the railroad that owns or operates the high hazard train route within 12 hours to respond to an oil spill or release or threatened oil spill or release;
(D) A description of the responsibilities of the personnel specified in the contingency plan for responding to an oil spill or release;
(E) The number, training preparedness and fitness of all dedicated, pre-positioned personnel assigned to direct and implement the contingency plan; and
(F) The amount and type of equipment and supplies available or other approved means to respond to an oil spill or release and a description of where the equipment and supplies are located.
(d) Describe how the contingency plan relates to and is coordinated with the response plan developed by the Department of Environmental Quality under ORS 468B.495 and 468B.500 and any relevant contingency plan prepared by a cooperative, a port, a regional entity, the state or the federal government in the same area of the state covered by the plan.
(e) Describe a plan, which may be based in whole or in part on participation in the exercises required by the plan adopted by the State Fire Marshal under ORS 453.392, for participating in or conducting each of the following:
(A) An annual oil spill or release notification exercise;
(B) A triennial oil spill or release response tabletop exercise;
(C) A triennial oil spill or release response functional exercise; and
(D) A triennial oil spill containment and recovery equipment deployment exercise.
(f) Include procedures and information related to supporting the early detection of an oil spill or release and timely notification of appropriate federal, state, local, tribal and other authorities about an oil spill or release in accordance with applicable state and federal law, including but not limited to:
(A) Procedures for the initial detection of an oil spill or release;
(B) Procedures to be used for immediate notification of qualified individuals at the railroad that owns or operates the high hazard train route;
(C) Call-down lists for notification of appropriate federal, state, local, tribal and other authorities;
(D) Information demonstrating that the railroad that owns or operates the high hazard train route has ownership of or access to an emergency response communications network covering the entire high hazard train route and that the emergency response communications network also provides for immediate notification and continual emergency communications during cleanup response;
(E) Procedures specifying the circumstances under which notifications will be made and the time frames for making notifications; and
(F) Follow-up requirements for notifications, provided for on a 24-hour basis.
(2) The Environmental Quality Commission and the department may not require a railroad that owns or operates a high hazard train route to submit, as part of a contingency plan, information constituting sensitive security information provided for under 49 C.F.R. 1520.5(b)(12), (14) or (16).
(3) A contingency plan for a high hazard train route prepared for an agency of the federal government or an adjacent state that satisfies the requirements of this section shall be accepted by the department as a contingency plan required under ORS 468B.427. [2019 c.581 §8]

Structure 2021 Oregon Revised Statutes