COEUR d'ALENE - The Kootenai County hearing examiner has recommended approval of permit changes the commissioners have proposed for the Burlington Northern Santa Fe Railroad's refueling station in Hauser.

With some revisions.

Tweaks to safety measures, the examiner advised in his report this month, should incorporate earlier recommendations from the Department of Environmental Quality.

"Legal counsel for BNSF testified for the record that BNSF is comfortable with the proposed DEQ revisions," states the report written by Examiner Mike Tedesco.

The DEQ suggestions, which were submitted to the county and included in the project file, call for a closer involvement of DEQ in the event of a leak, and would ensure the railroad's perpetual funding of a staff member with the agency's aquifer protection program.

DEQ Waste and Remediation Manager Geoff Harvey said most of the agency's suggestions were actually trivial.

The recommended additions, which include BNSF notifying the DEQ within 24 hours of a discovered leak, acting to prevent further leaks and allowing the agency to determine any necessary subsequent sampling, are already required under state law.

"We did it as a language suggestion," he said. "Ours was an editing issue."

But the agency also recommended a change that doesn't leave any wiggle room on BNSF funding a position in the DEQ's aquifer protection program.

While the commissioners proposed the company fund the position for 10 years and then have the necessity reviewed, the DEQ calls for the railroad to continue funding at $100,000 per year for as long as the facility operates under the current permit.

Harvey acknowledged that the DEQ doesn't have major concerns with the station's operations, since improvements following a leak in 2005.

"The record stands for itself. It's inspected monthly, and we have found no issues since the restart of the system," Harvey said.

The examiner approved of the permit amendments proposed by the county commissioners, which Tedesco held a hearing on early this month.

The amendments specify that the facility will immediately cease operations in the event of a leak until the source of contamination is determined, remediation is begun, and the county and proper agencies have granted clearance.

The officials have also called for the railroad to develop a ground-water monitoring plan, and for slant wells to be maintained and tested annually.

Tedesco deemed that the proposals would not adversely affect public interest. They also conform with the '94 Comprehensive Plan, he said, which they fall under because the application was initiated before the new plan's approval.

Gus Melonas, BNSF spokesman, stated that the company is comfortable with the commissioners' amendments and the DEQ's additional changes.

Commissioner Todd Tondee could not be reached for comment.

The commissioners will hold a hearing on the permit changes at 9 a.m. Thursday, Sept. 29, in Room 1 of the county Administration Building.

The elected officials had trotted out a proposal for similar permit changes in 2009, to which BNSF responded with a lawsuit challenging the county's authority on imposing new conditions.

Melonas has stated that the new modifications would strike any need for litigation.