2021 Oregon Revised Statutes
Chapter 468B - Water Quality
Section 468B.431 - Review of contingency plan; plan approval; change affecting plan; certificate of approval.

(a) Meets the requirements of ORS 468B.429; and
(b) If implemented, is capable, to the maximum extent practicable in terms of personnel, materials and equipment, of removing oil promptly and properly and minimizing any damage to the environment.
(2) A railroad that owns or operates a high hazard train route shall notify the department in writing promptly of any significant change affecting the contingency plan, including changes in any factor set forth in this section. The department may require the railroad to update a contingency plan as a result of these changes.
(3) The contingency plan must provide for the use by the applicant of the best technology available at the time the contingency plan was submitted or renewed. For purposes of this subsection, the technology that provides the greatest degree of protection, taking into consideration processes that are currently in use anywhere in the world, shall be considered the best technology available. In determining what is the best technology available, the department shall consider the effectiveness, engineering feasibility, technological achievability and cost of the technology.
(4)(a) Before the department approves a contingency plan required under ORS 468B.427, the department shall provide a copy of the contingency plan to the State Department of Fish and Wildlife, the Department of the State Fire Marshal and the Department of Land Conservation and Development for review.
(b) In addition to providing copies to the agencies listed in paragraph (a) of this subsection, before approving or modifying a contingency plan for a high hazard train route, the Department of Environmental Quality shall provide a copy of the contingency plan to each federally recognized Indian tribe that owns land or enjoys treaty-reserved hunting, fishing or gathering rights that could be impacted by an oil discharge along any portion of the high hazard train route.
(c) The agencies and tribes that receive copies of a contingency plan under this subsection shall review the contingency plan according to procedures and time limits established by rule of the Environmental Quality Commission.
(5) Upon approval of a contingency plan, the department shall issue to the plan holder a certificate stating that the contingency plan has been approved. The certificate shall include the name of the high hazard train route for which the certificate is issued, the effective date of the contingency plan and the date by which the contingency plan must be submitted for renewal.
(6) The approval of a contingency plan by the department does not constitute an express assurance regarding the adequacy of the contingency plan or constitute a defense to liability imposed under ORS chapters 468, 468A and 468B or any other state law. [2019 c.581 §9; 2021 c.539 §121]
Note: The name of the office of the State Fire Marshal is being changed to the Department of the State Fire Marshal. The name change becomes operative on July 1, 2023. See sections 89 and 155a, chapter 539, Oregon Laws 2021. Between July 1, 2022, and July 1, 2023, references to the Department of the State Fire Marshal shall be construed to mean the office of the State Fire Marshal in the Department of State Police. See section 155c, chapter 539, Oregon Laws 2021.
Note: The amendments to 468B.431 by section 121, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience. (1) The Department of Environmental Quality shall review a contingency plan for a high hazard train route submitted under ORS 468B.427 and shall approve the contingency plan if the plan:
(a) Meets the requirements of ORS 468B.429; and
(b) If implemented, is capable, to the maximum extent practicable in terms of personnel, materials and equipment, of removing oil promptly and properly and minimizing any damage to the environment.
(2) A railroad that owns or operates a high hazard train route shall notify the department in writing promptly of any significant change affecting the contingency plan, including changes in any factor set forth in this section. The department may require the railroad to update a contingency plan as a result of these changes.
(3) The contingency plan must provide for the use by the applicant of the best technology available at the time the contingency plan was submitted or renewed. For purposes of this subsection, the technology that provides the greatest degree of protection, taking into consideration processes that are currently in use anywhere in the world, shall be considered the best technology available. In determining what is the best technology available, the department shall consider the effectiveness, engineering feasibility, technological achievability and cost of the technology.
(4)(a) Before the department approves a contingency plan required under ORS 468B.427, the department shall provide a copy of the contingency plan to the State Department of Fish and Wildlife, the office of the State Fire Marshal and the Department of Land Conservation and Development for review.
(b) In addition to providing copies to the agencies listed in paragraph (a) of this subsection, before approving or modifying a contingency plan for a high hazard train route, the Department of Environmental Quality shall provide a copy of the contingency plan to each federally recognized Indian tribe that owns land or enjoys treaty-reserved hunting, fishing or gathering rights that could be impacted by an oil discharge along any portion of the high hazard train route.
(c) The agencies and tribes that receive copies of a contingency plan under this subsection shall review the contingency plan according to procedures and time limits established by rule of the Environmental Quality Commission.
(5) Upon approval of a contingency plan, the department shall issue to the plan holder a certificate stating that the contingency plan has been approved. The certificate shall include the name of the high hazard train route for which the certificate is issued, the effective date of the contingency plan and the date by which the contingency plan must be submitted for renewal.
(6) The approval of a contingency plan by the department does not constitute an express assurance regarding the adequacy of the contingency plan or constitute a defense to liability imposed under ORS chapters 468, 468A and 468B or any other state law.

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