Attorney General Joins Town In Transfer Station Concerns

By Kendra Bobowick

One letter at a time, officials are joining residents in expressing written concerns about the Housatonic Railroad’s transfer station expansion proposal in Hawleyville. Attorney General Richard Blumenthal is the latest, adding his voice in supporting “strong steps to protect against potential environmental damage from this facility, including a halt to possible expansion.”

Replying to First Selectman Joe Borst’s July 7 letter “formally requesting” Mr Blumenthal’s office “review and render an opinion on the expansion…” the attorney general crafted a reply received in town on July 23.

“I share your questions and concerns,” Mr Blumenthal wrote.

Railroad Executive Vice President and General Counsel Ed Rodriguez learned of the attorney general’s correspondence, but has not been contacted by Mr Blumenthal’s office. Curious about why Mr Blumenthal should be concerned, Mr Rodriguez this week spoke generally, “I certainly won’t comment on anything publicly until I respond to officials.”

He had offered the same explanation regarding local wetlands issues. (See related story in this week’s paper.)

State Representative Christopher Lyddy is among other state officials supporting Mr Borst’s appeal. Mr Lyddy sent an email last week stating, “The Attorney General is positioned well to look at the facts of this case and I am confident he will act accordingly based on his findings.”

The transfer station has been operating for several years with trucks entering and dumping construction materials for transfer onto rail cars for transportation out of state. The Clean Railroads Act of 2008 requires the railroad to seek a waste handling expansion permit from the state Department of Environmental Protection, concerning the public health and safety aspects of the operation.

The lengthy application contains proposals that alarmed residents, particularly increasing the maximum capacity of tonnage handled in a day — from 450 to 2,000 tons. The document also notes that a newer building will go up. Currently, track repairs are taking place at the Hawleyville site.

Noise, increased hours of operation, harm to wetlands, and the prospect of expanded contaminated materials handling at the site are among a local grassroots organization’s concerns. The Hawleyville Environmental Advocacy Team (HEAT) has successfully appealed to Congressman Chris Murphy, Mr Lyddy, local land use and government officials, and now the state’s attorney general.

Mr Blumenthal’s letter indicated his firm support: “The proposed expansion certainly raises significant and serious environmental and legal issues that must be addressed as soon as possible.” The AG said he is aware of the DEP’s application review process, and that he understands that among requests is an appeal for a public hearing to better understand the railroad’s plans. Railroad representative and Vice President of Special Operations Colin Pease has said in past interviews that he is “willing to meet with people.”

Anticipating the DEP’s eventual “tentative determination” after reviewing the application, Mr Blumenthal recommended that the town then request a subsequent hearing. He wrote, “I will join you in closely monitoring the permit review process.” Mr Lyddy stated in his email, “I, like the Attorney General, am supportive of having a hearing on the temporary determination the DEP will make in the coming months.”

Citing growing concerns shared by several local and state officials, including Rep Lyddy, Mr Blumenthal wrote that he is “deeply concerned as well that present ongoing operations may violate the state’s wetland laws ... the facility owners arguably have ignored town efforts to address significant violations.” Mr Blumenthal said he agrees with a local legal memorandum “regarding the authority of local inland wetland agencies to protect wetlands from operations of railway transfer stations. My office will carefully and thoroughly review this memo and other legal documents to determine the extent of respective state or local jurisdiction …”

One point is clear, Mr Blumenthal stresses: “The state environmental laws cannot be ignored by this facility owner.”

The AG said he will review information and “consider how best to investigate and enforce the Wetlands Act in this situation.” He wants to be sure the environment and residents are protected, and laws are respected and obeyed.

The first selectman is prepared to pursue a cease and desist motion, and enforce a temporary injunction on transfer station work. Aware that the land use office is investigating alleged wetlands violations, Mr Borst insisted, “We’re doing what we can to get this [resolved]. Things are quiet now, but we’re pursuing aggressively.”

He has not learned anything further since the attorney general became involved late last week.

A July 7 letter from the first selectman requested a moratorium on any further work at the site, but that request was not addressed in Mr Blumenthal’s letter. Mr Borst wrote, “The past and current expansion of this facility has negatively impacted wetlands on the property and surrounding properties.”

Rep Lyddy also appealed for a moratorium. On July 15, he wrote to the DEP’s Supervising Sanitary Engineer Gabrielle Frigon, saying, “It has come to my attention that the Housatonic Railroad Company has already demolished part of the existing structure at the site and has started work in preparation for the proposed site expansion. It was also reported to me by town officials that [the railroad] is currently taking material that in the past has gone to the transfer station on White Street in Danbury. This is extremely troublesome for the Newtown community, and I request that you, or your designee, look into this situation as soon as possible.

“I am requesting that a moratorium be placed on any expansion activities at the Hawleyville site until a permitting decision is granted by the Department of Environmental Protection.”

Early last week Ms Frigon had said that the railroad is not operating under the DEP’s authority, “but will be if and when we issue a permit.”

Hoping to hear from her supervisors regarding the possible moratorium, Ms Frigon said this week that she still awaits a reply.