Order No. 1999-R-308
With Decision No. 391-R-1999
July 6, 1999
IN THE MATTER OF a complaint filed by Randy and Sue Taylor concerning the noise, vibrations and diesel fumes emanating from the Norfolk Southern Railway Company idling locomotives, stored in the Canadian National Railway Company St. Thomas Yard, near Hiawatha Street, in St. Thomas, Ontario.
File No. R 8030/S7
On February 24, 1999, Randy and Sue Taylor (hereinafter the complainants) filed a complaint with the Canadian Transportation Agency (hereinafter the Agency) regarding the noise, vibrations and diesel fumes emanating from the diesel locomotives of the Norfolk Southern Railway Company (hereinafter NS) stored in the Canadian National Railway Company (hereinafter CN) St. Thomas Yard near the complainants' residence on Hiawatha Street, in St. Thomas, Ontario.
The Agency has considered the complaint and the submissions filed by the parties and in accordance with the Decision appended hereto, the Agency, pursuant to section 26 and subsection 27(1) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), orders:
- NS, as a temporary measure and within fifteen (15) days of the date of this Order, to cease parking its idling diesel locomotives for longer than thirty minutes in the St. Thomas Yard.
- NS, if it is unable to comply with the requirements of clause 1, to relocate within or out of the St. Thomas Yard the parking of its idling diesel locomotives and such new location shall not be within 300 m of a residence.
- CN and NS, as a permanent solution and within sixty (60) days of the date of this Order, to submit a joint plan for the relocation of NS diesel locomotives, including any other mitigation measures, all being satisfactory to the Agency, providing full particulars as to the alternatives considered and the proposed locations where these idling diesel locomotives are to be stored.
- CN and NS, unless otherwise directed by the Agency, to implement the joint relocation plan within thirty (30) days of the Agency's acceptance of the joint relocation plan.
- CN and NS to cooperate in the implementation of both the temporary measures and the joint relocation plan.