2007 ORS 824.992¹
Criminal penalties

(1) Violation of ORS 824.062 (Equipment required on track motor cars) is a Class D violation.

(2) Violation of ORS 824.064 (Self-propelled vehicles used in yards or terminals) is a misdemeanor.

(3) Violation of ORS 824.082 (Notice of movement of hazardous materials) (1), 824.084 (Visual external inspections required on cars standing in rail yards or stations more than two hours) or 824.088 (Notifying Office of Emergency Management of reportable incident, derailments and fires) by a railroad is a Class A violation.

(4) Violation of ORS 824.082 (Notice of movement of hazardous materials) (2) is a Class A violation.

(5) As used in subsection (3) of this section, "railroad" means a railroad as defined by ORS 824.020 (Definitions for ORS 824.020 to 824.042) and 824.022 (Applicability of ORS 824.020 to 824.042, 824.050 to 824.110 and 824.200 to 824.256).

(6) Subject to ORS 153.022 (Authority of agency to specify rule violation as particular level of violation), violation of ORS 824.104 (Fire extinguishers) (1), 824.106 (Use of noncomplying caboose prohibited) or 824.108 (Register for reporting failures of equipment or maintenance standards) or any rule promulgated pursuant thereto is a Class A violation, and upon conviction the court shall impose a fine of not less than $100.

(7) A person is subject to the penalties under subsection (8) of this section if the person knowingly:

(a) Transports by railroad any hazardous waste listed under ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) or rules adopted thereunder to a facility that does not have appropriate authority to receive the waste under ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) to 466.385 (Amendment of comprehensive plan and land use regulations) and 466.992 (Civil penalties for damage to wildlife resulting from contamination of food or water supply).

(b) Disposes of any hazardous waste listed under ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) or rules adopted thereunder without appropriate authority under ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) to 466.385 (Amendment of comprehensive plan and land use regulations) and 466.992 (Civil penalties for damage to wildlife resulting from contamination of food or water supply).

(c) Materially violates any terms of permit or authority issued to the person under ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) to 466.385 (Amendment of comprehensive plan and land use regulations) and 466.992 (Civil penalties for damage to wildlife resulting from contamination of food or water supply) in the transporting or disposing of hazardous waste.

(d) Makes any false material statement or representation in any application, label, manifest, record, report, permit or other document filed, maintained or used for purposes of compliance with requirements under ORS 824.050 (Inspection of, recommendations on and orders concerning railroad equipment and facilities) to 824.110 (Administrative authority of department) for the safe transportation of hazardous wastes.

(e) Violates any rules adopted by the Department of Transportation concerning the transportation of hazardous wastes.

(8) Subject to ORS 153.022 (Authority of agency to specify rule violation as particular level of violation), violation of subsection (7) of this section is subject to the penalty of a fine of not more than $10,000 for each day of violation, imprisonment of not more than six months, or both.

(9) Violation of ORS 824.300 (Required crews on trains) or 824.302 (Qualification of flagger) is a Class D violation.

(10) Violation of ORS 824.304 (Guarding frogs, switches and guardrails) is punishable, upon conviction, by a fine of not less than $500 nor more than $2,000.

(11) Violation of ORS 824.306 (Shelter of car repairers) by any railroad company or officer or agent thereof, or any other person is a Class D violation. Each day’s violation is a separate offense. [Formerly 824.114; 1999 c.1051 §232]

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1 Legislative Counsel Committee, CHAPTER 824—Railroads, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­824.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.