(1) For the purposes of this section, the term "private crossings" has the same meaning as in RCW 81.53.010(8).

(2) At every private crossing through which any amount of crude oil is transported, the railroad must ensure that the following are installed on each side of the crossing within one hundred twenty days after this rule becomes effective:

(a) A thirty-inch or larger R1-1 stop sign, defined as a standard R1-1 in the Manual on Uniform Traffic Control Devices;

(b) An emergency notification system (ENS) sign that:

(i) Displays the necessary information for the dispatching railroad to receive reports of unsafe conditions at the crossing including, at a minimum:

(A) The toll-free telephone number of the railroad company established to receive reports;

(B) An explanation of the purpose of the sign (e.g., "Report emergency or problem to __"); and

(C) The United States Department of Transportation (USDOT) National Crossing Inventory number assigned to that crossing.

(ii) Measures at least twelve inches wide by nine inches high;

(iii) Is retroreflective;

(iv) Has legible text (i.e., letters and numerals) with a minimum character height of one inch; and

(v) Has white text set on a blue background with a white border, except that the USDOT National Crossing Inventory number may be black text set on a white rectangular background.

(c) A rectangular sign, at least three hundred square inches (twenty thousand square centimeters) in size, with the legend "Private Crossing" and the crossbuck symbol. 

(3) All signs must have retroreflective tape applied to the sign posts.

(4) If the commission finds, after investigation, that a restricted sight distance, unfavorable roadway or crossing configuration, or other hazard exists at a private crossing, the commission will notify the railroad and to the extent the commission has contact information, the landowner. The railroad must ensure that additional safety measures are installed at the crossing including, but not necessarily limited to, signs authorized in the Manual on Uniform Traffic Control Devices, within one hundred twenty days of receiving notification of the hazard from commission staff.

(5) At private crossings where crude oil is transported, the commission will conduct inspections giving priority to private crossings with a high frequency of oil trains, in industrial areas, and high population centers. 

(6) Nothing in this section modifies existing agreements between the railroad company and the landowner governing liability or cost allocation at the private crossing.