DEP Starting Technical Review Of

Railroad Waste Permit Application

By Andrew Gorosko

The state Department of Environmental Protection (DEP) has issued the Housatonic Railroad Company, Inc, a “notice of sufficiency,” stating that the railroad has submitted sufficient technical information to trigger a formal DEP review of the railroad’s controversial proposal to expand its solid waste handling at its rail terminal at 30 Hawleyville Road.

The DEP’s “notice of sufficiency” follows the railroad’s formal response to the DEP’s October issuance of a “notice of insufficiency,” which sought to have the firm provide detailed technical data on its proposal to expand solid waste handling.

DEP concerns about the initial railroad application included deficiencies in the areas of: the completeness and accuracy of the application form; the consistency of the application; business information; the adequacy of technical drawings; an operations and management plan for the facility; compliance with the federal 2008 Clean Railroads Act; the consistency of the executive summary of the application; and the need for a stormwater discharge permit for industrial activity.

In a December 7 letter to Colin Pease, who is the railroad’s vice president for special projects, Gabrielle Frigon, the DEP’s supervising environmental analyst for the waste engineering and enforcement division of the agency’s bureau of materials management and compliance assurance, writes, in part, “The application is sufficient. Upon completion of the technical review phase, the [DEP] will issue a ‘notice of tentative determination’ to either approve or deny the issuance of the solid waste facility permit.”

Ms Frigon adds that during its review of the railroad’s application to expand the tonnage of solid waste handled and increase the types of solid waste handled, the DEP may seek to have the railroad provide additional technical information. A prompt railroad response to such requests for added information would expedite the DEP’s processing of the application, she adds.

The town and an ad hoc citizen’s group oppose the railroad’s proposal to increase the tonnage and to increase the types of solid waste that the railroad transfers from heavy trucks onto railcars for rail shipment for disposal at out-of-state landfills. Town government opposition and the citizens group’s opposition has focused on several issues, including the potential for surface water and groundwater pollution due to expanded waste operations. Other issues include increased truck traffic, increased noise, and additional blowing dust in the area.

A firm known as Newtown Transload, LLC, would conduct expanded waste handling operations for the railroad.

Robert C. Isner, who is director of DEP’s waste engineering and enforcement division of the bureau of materials management and compliance assurance, said December 16 he expects it will take the DEP between three months and six months to review the technical aspects of the railroad’s application before issuing a “tentative determination” on whether the permit request should be approved or rejected.

As such, a “notice of tentative determination” may be issued by DEP in late spring or early summer, he said.

Based on the high public interest in the railroad’s permit application, the DEP expects that interested people would seek to have the DEP conduct a public hearing on the application after DEP issues its “tentative determination,” Mr Isner said. Having such a hearing likely would add about one year to the DEP’s review of the railroad’s waste permit application, he said.

The length of the DEP review process would become dependent upon variables, including whether any third party enters the proceedings as a legal intervenor to the permit application.

Also, the need for the railroad to answer potential technical questions regarding its application could extend the DEP’s review of the application, Mr Isner said.

“We do fully expect to request additional information,” Mr Isner said of the DEP’s likelihood of seeking added technical data from the railroad.

Such informational requests would seek to resolve any possible discrepancies found within the documents submitted by the railroad.

A DEP public hearing on the railroad waste permit application would start in Newtown and would then conclude in Hartford, if multiple sessions are required, he said.

“We’ll follow our normal procedure in reviewing the application,” Mr Isner said.

The town’s Inland Wetlands Commission (IWC) is scheduled to resume a public hearing on the wetlands protection aspects of the railroad’s waste expansion proposal on January 13.