Legal Strategy Planned On Railroad Waste Project

By Andrew Gorosko

A meeting of the state attorney general, state environmental officials, and town officials in Hartford on October 2, which was held to plan legal strategy concerning the Housatonic Railroad Company’s controversial proposed waste-handling expansion project in Hawleyville, was a productive session, according to those present.

Because the meeting involved legal strategy, it was closed to the public.

Town officials had sought the session for aid from the attorney general in legally dealing with the expanded waste-handling proposal that town officials oppose and say could pose environmental hazards.

The railroad transfers solid waste from heavy trucks onto railcars for shipment by rail for disposal at out-of-state landfills.

The railroad has submitted a revised waste-handling permit application to the state Department of Environmental Protection (DEP) which would reduce the previously proposed waste tonnage that would be handled daily, as well as reduce the proposed types of waste that would be handled at the railroad’s 30 Hawleyville Road terminal. (See related story.)

 Commenting on the October 2 session, Attorney General Richard Blumenthal said, “The meeting was very positive and productive, advancing our strategy, possibly in court or elsewhere, to protect against potential harm from environmental violations of law.”

“We had a very wide-ranging and comprehensive discussion about the background of the [railroad] site, the questionable practices there, the harm to neighbors and residents, and the role that state and local authorities would have protecting the environment and quality of life,” Mr Blumenthal said.

“We will be discussing these issues and, no doubt, meeting again. We will welcome information and observations from residents and others who are near the [railroad] site,” he said.

Mr Blumenthal generally serves as the DEP’s attorney when pursuing civil matters against environmental violators.

First Selectman Joe Borst, in an October 6 letter to Mr Blumenthal wrote, in part, “I hope that the town’s position and opinion were clearly expressed…The meeting was very helpful in determining legal and investigative strategies for a thorough review of the permit application and evaluation of the operations at the solid waste facility. Your continued support is appreciated…”

George Benson, town director of planning and land use, said the October 2 session went well. Town officials explained the land use history of the railroad site at 30 Hawleyville Road to state officials, he said.

“We decided how we’re going to proceed” and discussed the respective responsibilities of the various agencies concerning the railroad’s waste expansion proposal, he said.

Mr Benson termed the session a “productive” one, adding, “Just the fact that we met with them is productive.”

 Robert Isner, the DEP’s director of waste engineering and enforcement, attended the session, among other DEP officials. Mr Isner said this week, “I really can’t discuss the contents of that meeting.”

When Congress approved the Clean Railroads Act of 2008, it required that the health and safety aspects of solid waste handling by railroads be subject to regulation by the state DEP. Previously, railroads had been subject only to federal regulation. A DEP public hearing on the waste permit application is expected sometime in March 2010.

The town Inland Wetlands Commission (IWC) is reviewing the wetlands protection aspects of the railroad’s waste expansion proposal. An IWC public hearing on the matter is scheduled for 7:30 pm October 14, at the town offices at 31 Peck’s Lane.

Besides the town government, the railroad waste expansion proposal has drawn opposition from an ad hoc citizens group known as Hawleyville Environmental Advocacy Team (HEAT).

The railroad has assured the town and others that it seeks to protect the environment, including wetlands, near the site of its proposed waste-handling expansion.