Planning & Zoning Opposes Railroad’s Solid Waste Expansion Proposal

By Andrew Gorosko

Following discussion at a July 2 Planning and Zoning Commission (P&Z) session, P&Z members unanimously voted to formally oppose the Housatonic Railroad Company’s proposal to greatly increase the tonnage of solid waste and expand the types of solid waste that the railroad transfers from heavy trucks onto railcars at its Hawleyville rail terminal for shipment for disposal at out-of-state landfills.

Voting in opposition to the railroad’s proposal for expanded solid waste handling were P&Z Chairman Lilla Dean, Dennis Bloom, Jane Brymer, Robert Mulholland, and Richard English.

In opposing expanded solid waste handling, the P&Z acted in its capacity as the town’s planning agency. But because railroads are regulated by the federal government, the P&Z has no jurisdiction over the railroad’s waste expansion proposal.

The 2008 Clean Railroads Act, which was approved by Congress last year, however, has granted the state Department of Environmental Protection (DEP) the authority to review the health and safety aspects of the railroad’s solid waste expansion proposal. Consequently, the P&Z is forwarding its views on the proposal to the DEP. The DEP is expected to take a year or more in reviewing the railroad’s application for a waste expansion permit.

The railroad is seeking approval for shipping via train from its terminal up to 2,000 tons of solid waste daily. Until now, the railroad has handled up to 450 tons of such waste daily. Heavy trucks bring the waste to the rail terminal for reloading onto trains.

Also, the railroad is seeking to expand the types of solid waste that it would ship out from Hawleyville. Until now, the waste shipped out has largely been construction/demolition debris.

In the permit application now under review by DEP, the railroad seeks to also handle contaminated soils, used casting sand, coal fly ash, dredge spoils, ash from resource recovery plants, sludge ash, treated woods, and scrap tires in the form of crumbed tires, shredded tires, and whole tires. The railroad’s DEP permit application indicates that it wants permission to operate the waste transfer station seven days a week, 24 hours a day.

Besides solid waste handling, the rail terminal is used for the transfer and storage of building materials, including lumber. The terminal at 30 Hawleyville Road (Route 25) has operated since 1995. It has handled solid waste since 2004.

Newtown has gained the backing of two regional agencies in seeking to thwart the Housatonic Railroad’s expanded waste handling proposal. Town representatives attended June sessions of the Housatonic Resources Recovery Authority (HRRA), and also the Housatonic Valley Council of Elected Officials (HVCEO) to explain the town’s opposition to the railroad’s waste expansion proposal, which focuses on environmental contamination concerns and increased heavy-truck traffic.

Both regional agencies formally oppose the railroad’s waste expansion  proposal.

Town fire officials have voiced a range of concerns about the railroad’s waste expansion proposal regarding firefighting issues. The Hawleyville Firehouse, which is adjacent to the rail terminal, shares a common driveway with the railroad.

 

Letter of Opposition

In a letter to Robert C. Isner, the head of DEP’s waste engineering and enforcement unit, Ms Dean writes that the railroad site is in the Hawleyville Center Design District (HCDD) zone, which is a land use zone that the P&Z has designated as “an area of future development with a New England village concept that does not include solid waste facilities. The town has expended considerable time and money on studies and design criteria for this section of the town.”

The P&Z approved HCDD zoning about ten years ago to encourage mixed-use development which is served by pedestrian amenities, similar to that which exists in the Sandy Hook Design District (SHDD) zone in Sandy Hook Center.

In the letter, the P&Z states that it wants DEP to deny the railroad’s request for a permit that seeks to increase the tonnage of waste handling and expand the types of waste handled.

The P&Z notes that a private solid waste facility, such as the one operated by the railroad, is not a permitted local land use and would be categorized by the panel as “a pre-existing, nonconforming use,” which should be limited to current waste volumes and waste types, specifically construction debris and demolition debris.

“The [P&Z] is concerned about potential contamination of area soil and water due to a lack of governmental oversight and enforcement…A key regional concern is that Greater Danbury’s longstanding solid waste plan, with Danbury as the acknowledged center for regional waste transfer, is also put at risk,” Ms Dean adds.

The town will submit detailed objections and evidence to DEP in opposition to the railroad’s proposed solid waste expansion project, according to Ms Dean.