Or. Admin. Code § 340-141-0280 - Department of Environmental Quality Responsibility to Review and Approve Plans
(1) DEQ will review
a contingency plan for a high hazard train route submitted under rule
340-141-0260. DEQ will approve
the contingency plan if the plan:
(a) Meets
the requirements of rule
340-141-0265; 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 a high hazard train route must notify DEQ in writing
promptly of any significant change affecting the contingency plan, including
changes in any factor set forth in this rule. DEQ may require the railroad to
update a contingency plan as a result of these changes. Examples of significant
changes include changes to the following:
(a)
Emergency Response Procedures
(b)
The Qualified Individual(s) named
(c) A change in the National Contingency Plan
or an Area Contingency Plan that has significant impact on the equipment
appropriate for response activities
(d) A change in the type of oil transported,
if the type affects the required response resources
(e) Any other information relating to
circumstances that may affect full implementation of the plan
(3) The contingency plan must
require the applicant to use the best technology available at the time the
contingency plan was submitted or renewed. For purposes of this section, the
best technology is the technology that provides the greatest degree of
protection, taking into consideration processes that are currently in use
anywhere in the world. In determining what is the best technology available,
DEQ will consider the technology's effectiveness, engineering feasibility,
technological achievability, and cost.
(4)
(a)
Before DEQ approves a contingency plan required under rule
340-141-0260, DEQ will 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 subsection (a) of this
section, before approving or modifying a contingency plan for a high hazard
train route, DEQ will 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 section must 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, DEQ
will issue to the plan holder a certificate stating that the contingency plan
has been approved. The certificate will 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) DEQ's approval of
a contingency plan 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.
Notes
Statutory/Other Authority: ORS 468B.395 & ORS 468B.437
Statutes/Other Implemented: ORS 468B.300 - 468B.500
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