§ 39-8-4.1 - Removal of debris from railroad rights-of-way, switching devices and railroad yards.
SECTION 39-8-4.1
§ 39-8-4.1 Removal of debris from railroadrights-of-way, switching devices and railroad yards. – (a) A railroad corporation shall maintain and keep clear of debris in anyrailroad yard under its supervision or control, which is used for storingrailroad cars or locomotives, a distance of nine feet (9') on either side ofthe center line of any track in any yard. Additionally, every railroadcorporation shall maintain and keep clear of debris around any switch under itssupervision or control, whether or not located in any such yard, a distance ofnine feet (9') on either side of the center line of any tracks wherein anyswitch is located, and a distance of nine feet (9') in any direction from anyswitching device. The action shall not cause stoppage of through freight orpassenger service. Additionally, every railroad corporation shall maintain andkeep clear of debris from within the limits of any right-of-way owned by orunder the control of the corporation.
(2) For purposes of this section, "debris" means railroadmaterial and equipment, including, but not limited to, brake shoes, air hoses,steel couplers, draw bars and knuckles, broken or fragmented components ofrailroad cars or locomotives, railroad ties or portions thereof, spilled cargoand their containers as well as any garbage, discarded bottles or othercontainers, wastepaper or similar refuse which is present on any right-of-wayor within the vicinity of any switching device or railroad yard in a quantitythat can reasonably be expected to threaten life or health.
(b) Upon the filing by a recognized railroad laborrepresentative, as defined by the Railway Labor Act, 45 U.S.C. § 151 etseq., of a written verified complaint with the public utilities commission, ona form prescribed by the department, designating the nature of the debris andthe particular area or location where any of the debris is or has existed for aperiod of at least seventy-two (72) hours, the public utilities commissionshall, ten (10) days after notification to the superintendent of the divisionresponsible for the yard or having jurisdiction over the complained of area orswitch, inspect the yard or switch area within seven (7) days, to ascertain theveracity of the complaint. If, after notice to the railroad corporation, and anopportunity for a hearing conducted in accordance with the provisions of thistitle, the public utilities commission determines the validity of thecomplaint, it shall issue orders within twenty-four (24) hours, to thesuperintendent of the division responsible for the yard or having jurisdictionover the complained of area or switch listed in the complaint, directing thedebris to be cleared within a reasonable period of time and in such manner asprescribed in the order. Failure to remove or clear the debris shall permit thepublic utilities commission to issue orders to the designated railroad officialin charge of the yard or having jurisdiction over the complained-of area orswitch to take the track or tracks or switch out of service until the ordershave been complied with by the railroad corporation; provided the action shallnot affect freight or passenger service, or in the alternative, assess apenalty not to exceed one hundred dollars ($100) per day until the order iscomplied with.
(2) Additionally, the public utilities commission, uponhaving reasonable cause to believe that a railroad corporation which owns orcontrols a right-of-way in this state is not complying with the provisions ofsubsection (a) of this section with respect to rights-of-way, shall conduct aninvestigation to determine whether a dangerous or unhealthy condition exists onan affected right-of-way. If the public utilities commission determines that adangerous or unhealthy condition exists on an affected right-of-way, thecommission shall send notice, by certified mail, to the local agent of therailroad corporation describing the condition and location of the right-of-way.The railroad company shall correct the condition not later than ten (10) daysfrom the date the notice was mailed, otherwise the public utilities commissionshall assess a penalty not to exceed one hundred dollars ($100) per day untilthe condition is rectified.
(c) The public utilities commission may adopt regulations inaccordance with the provisions of this title to carry out the provisions ofthis section.