Reporter staff
State rail safety regulators on March 19 recommended BNSF Railway Company (BNSF) be penalized for failing to timely report multiple hazardous material spills along state railways.
Among the violations that were recorded was an incident in the BNSF Auburn yard, where six tank cars were found leaking crude oil on Jan. 13.
The Utilities and Transportation Commission (UTC) issued the formal complaint following a staff investigation into BNSF’s failure to report 14 releases of various hazardous materials, including crude oil, to the state within the required time period.
State rail safety rules require railroads to make a telephone report of the release of a hazardous material within 30 minutes of learning of the incident to the Washington State Emergency Operations Center’s (EOC) 24-hour duty officer.
Auburn City Councilmember Bill Peloza, who has repeatedly expressed concerns about the dangers posed by the passage of fast-moving oil trains through the city, certainly had not heard of it as of March 25 and was flabbergasted when he learned of the leaks in a phone interview with a reporter.
“No, I haven’t heard anything about that. In our own yard? Holy cow. That’s serious,” Peloza said.
The commission staff investigation found that between Nov. 1, 2014 and Feb. 24, 2015, BNSF committed 700 violations of this reporting requirement. Under state law, each day the company fails to report an incident constitutes a separate and distinct violation. The commission has the authority to impose penalties of up to $1,000 per violation, per day of state law or rule.
When a company fails to notify the EOC that a hazardous material incident has occurred, critical response resources may not be deployed, causing potential harm to the public and the environment. There could also be a delay in response and containment resources necessary to clean up hazardous material spills.
In October 2014, commission staff sent BNSF a copy of the reporting requirements, and provided the company technical assistance to ensure that BNSF was providing proper notification to the commission regarding hazardous material incidents.
Staff also sent a letter to the regulated railroad industry on Feb. 4, 2015, emphasizing the requirement to provide reports and telephone the EOC within 30 minutes of learning of an event involving fatalities or injuries, the release of hazardous materials, or property damage greater than $50,000.
The companies were informed that failure to provide the required reports is a violation of commission rules and that staff may recommend enforcement action or monetary penalties for companies that fail to report incidents as required.
