1. (1) At least one copy of the plan must be kept in a central location accessible at any time by the incident commander or spill response manager named in accordance with OAR 340-141-0265(7).

2. (2) A High Hazard Rail owner or their designee must implement the plan in the event of a spill. The owner of the High Hazard Rail Line must receive approval from DEQ before it conducts any major aspect of the spill response contrary to the plan unless:

   1. (a) Such actions are necessary to protect human health and safety;
   2. (b) Such actions must be performed immediately in response to unforeseen conditions to avoid additional environmental damage; or
   3. (c) The plan holder has been directed to perform such actions by the Department or the United States Coast Guard.

Statutory/Other Authority

ORS 468B.437

Statutes/Other Implemented

ORS 468B.300 - 468B.500

History

DEQ 8-2021, adopt filed 05/20/2021, effective 05/20/2021