Effect On Housatonic Railroad Permit Assessed—

Legislation Seeks Expanded Rules On Waste Handling

By Andrew Gorosko

Legislation that has been approved by the state General Assembly, which is awaiting the governor’s signature, apparently would make it more difficult for the Housatonic Railroad Company to accomplish its controversial proposed solid waste expansion project at its 13.3-acre Hawleyville rail terminal at 30 Hawleyville Road (Route 25).

The railroad is seeking state Department of Environmental Protection (DEP) approval to increase the range of solid waste and also expand the tonnage of solid waste that it handles at its terminal. The railroad proposes significantly increasing its transfer of solid waste from heavy trucks onto railcars for shipment by rail for disposal at out-of-state landfills. The DEP is reviewing the health and safety aspects of the waste expansion proposal. The railroad applied for the waste expansion project last spring. The DEP is expected to conduct a future public hearing on the pending proposal.

The railroad’s waste expansion proposal has drawn stiff opposition from town officials and a citizens group, known as the Hawleyville Environmental Advocacy Team (HEAT), whose concerns include the potential for surface water pollution and groundwater pollution due to expanded waste operations. Other issues include quality-of-life matters, such as increased truck traffic, increased noise, and additional blowing dust in the area.

The state legislation sponsored by State Senator John McKinney and State Representative Christopher B. Lyddy would require, in part, that the DEP commissioner not approve any pending request for a new solid waste facility located within 1,000 feet of a primary aquifer or a secondary aquifer, or the expansion of any such existing solid waste facility, until the “need” for such additional solid waste handling capacity is specified by the state’s Solid Waste Management Plan.

Edward Rodriguez, railroad vice president, said May 5, “We have seen the legislation. We are reviewing it, and we have no comment at this point.” Mr Rodriguez also is the railroad’s general counsel.

George Benson, town director of planning and land use, said that if enacted as law, the new requirements would provide DEP with additional regulatory control over the railroad’s waste expansion proposal.

There is no need to expand the region’s solid waste handling capacity if adequate capacity already exists in the region, Mr Benson said. The solid waste transfer station located on White Street in Danbury now provides suitable waste handling capacity for the region, he added.

Rob Sibley, town deputy director of planning and land use, said that if the legislation is enacted as law, and if the DEP identifies the railroad’s solid waste handling facility as a “waste transfer station,” it would provide the DEP with more regulatory control over the railroad’s expansion proposal, focusing on whether there is a “regional need” for expanded waste handling capacity.

Mr Sibley said it is unclear to him whether the legislation would apply only to the Housatonic Railroad’s waste expansion proposal. He added that legislation which seeks to protect the quality of aquifers, which are underground sources of drinking water, is good legislation.

In practical terms, the legislation would provide the DEP with added review powers through which it would balance the regional need for additional waste handling capacity against the risk to natural resources posed by such an expanded capacity, he said.

When Congress approved the Clean Railroads Act of 2008, it required that the health and safety aspects of solid waste handling by railroads to be subject to regulation by the state DEP. Before then, railroads had been subject only to federal regulations.

Mr Sibley noted that the railroad property sits atop an aquifer, about 800 acres of which lie within the Hawleyville section of town, with the large majority of that aquifer being located outside of Newtown.

Ann Marie Mitchell of HEAT expressed strong support for the state legislation.

Ms Mitchell strongly credited Mr McKinney and Mr Lyddy for their legislative efforts to protect the environment in Hawleyville.

Neither legislator could be reached for comment before the deadline for this edition of The Bee.

“We’re happy that the DEP has regulations that it can use for [protecting] clean water, usable water, potable water, our drinking water,” Ms Mitchell said.

The town’s Inland Wetlands Commission (IWC) is scheduled to hold a public hearing on Wednesday, May 12, on the railroad’s request for a wetlands protection permit. The firm is seeking that permit in connection with its proposed solid waste handling expansion project. The hearing is slated for 7:30 pm at the Municipal Center, 3 Primrose Street.