Railroad Transfer Station Stirs More Opposition

By Kendra Bobowick

The response is growing.

Following the Legislative Council’s unanimous motion last week to seek an injunction to stop the Housatonic Railroad’s expansions temporarily, additional attempts to halt progress came from State Representative Christopher Lyddy.

First seeking a public hearing to talk about the transfer station and potential environmental issues, Mr Lyddy has appealed to the Department of Environmental Protections (DEP) for a moratorium on new work at the transfer station.

In his appeal to the supervising sanitary engineer and supervisor to the solid waste permitting division of the Department of Environmental Protection Gabrielle Frigon, Mr Lyddy wrote, “The Housatonic Railroad company has already demolished part of its existing structure and has started work in preparation for the proposed site expansion…I am requesting a moratorium…at the site until a permitting decision is granted…” The DEP is currently reviewing the railroad’s application, per a 2008 Clean Railroads Act.

He explained Wednesday, “I don’t want them to feel they can move forward with the project until they have the proper authority.” He wants the DEP’s permit process “fully vetted” before the railroad moves ahead.

Ms Frigon received his July 15 letter and during a phone call this week explained that she has sent the letter to “my management.” Their response will follow, she said. Mr Lyddy sent another email late Wednesday confirming that answers are coming. He wrote, “I was able to determine that a response is currently being drafted and should be sent shortly.” He also copied his letter to Yvonne Bolton, chief of the Bureau of Materials Management and Compliance Assurance, among others to be respectful of the DEP’s permitting process.

Ms Frigon could not answer Wednesday if the state department is able to impose a moratorium. “The railroad is not operating under our authority, but will be if and when we issue a permit,” Ms Frigon said.

 For the time being Mr Lyddy said, “I want them to stop,” until the DEP makes its application decisions. Until then, he will make appeals where he can. The town is fighting it, he said, and he will “apply pressure.” He wants to be sure the DEP “does what it can.” The application before the DEP cites a maximum tonnage in solid waste handling of as much as 2,000 tons daily, up from 450 tons. In letters to the DEP and to the state’s attorney general, First Selectman Joe Borst has asked that they block the railroad facility’s expansion.

As the process continues, Mr Lyddy is confident that “facts will come out,” regarding the safety, health, and environmental issues raised regarding the railroads current and proposed operations. “We may find that it’s not the best plan for our community,” he said.

His mid-July request for a public hearing regarding the railroad’s plans also prompted a reply from the DEP.

Robert C. Isner, Waste Engineering and Enforcement Division Director with the DEP had answered Mr Lyddy recently: “The Department realizes there is substantial public interest and concern regarding this application.” His letter will be taken “under advisement.” Mr Isner then provided contact information for Ms Frigon.

In an email Wednesday, Mr Lyddy also indicated, that he had contacted the railroad’s Vice President of Special Projects Colin Pease, “To discuss the possibility of a Public Hearing and he is willing and open to discussions about this. I will certainly pursue this should the need arise in the next few weeks. Right now, we need more information about the project from [the Housatonic Railroad] so that the community has the ability to digest and respond to it.”

The Council’s Questions

While letters circulated between town officials and the state and railroad, information arose last week at a Legislative Council meeting. On July 15, Housatonic Railroad Company Executive Vice President Ed Rodriguez defended the railroad in question by both the council members and the public. An executive session followed, after which the council members voted to seek a temporary injunction to stop expansion and intensification of nonconforming use by the railroad.

According to the minutes of the meeting, Mr Rodriguez explained, the railroad has been operating the facility for roughly five years, and only recently has legislation required permitting. The railroad filed its application to permit existing activities, and was also broader, to encompass other things. As he has expressed in recent weeks, Mr Rodriguez told the council that currently the railroad is replacing sections of track and adding extensions to include more rail cars — a normal activity. Some clearing and surveying has also taken place. He stressed that they “have not filled even a square foot of wetlands.”

As he has also expressed recently, he does not see an immediate increase in operations. The economy and building industry does not support it.

Inquiries began. What about noise? The on-site rock crusher generated noise, Mr Rodriguez explained, and its use is now discontinued. If the machine is again necessary, he will notify the first selectman’s office. Truckloads entering the transfer site are covered, and travel using I-84.

How much materials is coming in? The railroad handles about 450 tons of demolition debris a day, he said. Again, as Mr Rodriguez has stated in past conversations, the permit had a “blank” for a maximum for the future. The railroad chose the number 2,000 tons a day. He could not predict future loads, but told the council that he did not anticipate exceeding 450 tons in the future. The facility operated five days a week from 8 am to 4 pm, according to Mr Rodriguez. They may on occasion “push” the hours and at times the rail cars may run, but the facility will not, he said.

Could the railroad narrow the permit’s scope, Chairman Will Rodgers asked? The process is long and expensive, Mr Rodriguez replied. Council member Gary Davis understands that, he said, but asked if the railroad company was wiling to modify the permit.

Mr Rodriguez is willing to review the list of commodities to see if some can be removed.

Council members wanted to know how the community would benefit. Trucks are off the highway, for one, and Newtown has its own transfer facility.

How is the company structured, does it pay town taxes, who inspects materials? The railroad owns the facility and has subcontractors — Newtown Transload LLC — handling materials. They pay taxes on equipment. Regarding inspections, Mr Rodriguez said they have a person at the gate.

What about land use issues, wetlands violations? The company had staked off its boundaries, and had to restake markers that disappeared. Legally, Mr Rodriguez explained that if the railroad is filling someone else’s wetlands, it is a problem, but if the company is filling wetlands on its own property, it falls under the Army Corps of Engineers, not Newtown. He does not believe they have filled land beyond their property, he said.

How big is the building on the site? Approximately 40 by 80 feet. The new application specifies a building of 100 by 100 feet. The whole loading operation would be inside that building. Lumber will be stored outside.

Questions continued: Who monitors activity? Has the Army Corps ever visited the site? Can the railroad handle contaminated, but not hazardous materials? Mr Rodriguez answered, The US Transportation service would monitor the site, but has not visited. The Army Corps also has not visited, he believes. Mr Rodriguez said the Environmental Protection Agency could provide examples regarding hazardous or contaminated materials.

From the Public

Residents also sought answers. Grassroots Hawleyville Environmental Advocacy Team (HEAT) member Dave Broughton hopes for better communication between the railroad and the public. And is also concerned about the diesel engines he hears as early as 5 am.

Resident Mike Sanchez directed council members to the HEAT website at DontWasteHawleyville.com and asked that they see photos posted there. Once the railroad has its permit, its operations are out of the town’s control. If Mr Rodriguez is sincere about limiting hours and amounts of materials, then change the permit, Mr Sanchez insisted. He also complained that the diesel engines are loud, and a building will do little to buffer the noise.