The Bellingham Herald reported that the state Utilities and Transportation Commission sent the company a letter in December, outlining the problems and asking they be fixed or that a plan be developed to do so.
The UTC says a Jan. 29 inspection showed no repairs had been made.
BNSF spokesman Gus Melonas said Monday that his company's plan was submitted earlier this year. He says BNSF will be in touch with the state and will begin implementing the necessary repairs to meet the company's timeline.
Melonas said he had no comment on what further action BNSF might take.
The railway can request a hearing, ask for a fine reduction or pay the fine.
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