Hawleyville Transfer Station Closed, State DEEP Poised To Take Action

By John Voket

Two entities tied to a Hawleyville waste transfer station have each received notices from the Connecticut Department of Energy and Environmental Protection (DEEP) that the agency has reached a “point of impasse” on negotiating a consent order between the property owner, Housatonic Railroad, and station operator, Newtown Transload, LLC.

As a result, the transfer station that is adjacent to several Hawleyville businesses and residential neighborhoods is currently closed. And there is growing expectation among local officials that pending state action against both the business and the land owner could signal the end of a nearly four-year battle over the transfer station, which has involved myriad Newtown officials, attorneys, state lawmakers, neighbors who formed a grassroots activism network to oppose the business, and even US Congressman Chris Murphy.

First Selectman Pat Llodra and Land Use Director George Benson conducted a press briefing Wednesday. During that briefing Mrs Llodra said it was her ultimate hope that the letter dispatched to the two businesses signaled the beginning of a final action phase to restrict or end use of the property by Transload.

The railroad had been engaged for several years providing a site for the transfer of solid waste from heavy trucks onto railcars for shipment by rail to out-of-state landfills. Besides solid waste handling, the rail terminal is used for the transfer and storage of building materials, including lumber.

A 2010 waste expansion application drew stiff opposition on environmental grounds from town officials and from a citizens group known as Hawleyville Environmental Advocacy Team (HEAT). The environmental concerns include the potential for surface water pollution and groundwater pollution due to expanded waste operations.

Other issues include quality-of-life matters, such as increased truck traffic, increased noise, and additional blowing dust in the area.

In the separate letters to the railroad and transfer station operators, DEEP states “there seems to be an impaired relationship between Housatonic Railroad Company, Inc, and Newtown Transload, Inc, whereas the two parties cannot ensure compliant operations nor can they agree on who is responsible to ensure compliant operations of the solid waste facility in Newtown, Connecticut.

“Based on a review of the active enforcement file for the operation of the subject solid waste facility, DEEP has concluded that violations cited by both [the department’s the Waste Engineering and Enforcement Division and the Water Permitting and Enforcement Division] after the passage of the Clean Railroads Act of 2008 [October 16, 2008], indicate there is a longstanding and continuing pattern of noncompliance.”

Litany Of Violations

Each letter goes on to establish the list of violations assigned to each entity. The first violation against the Housatonic Railroad was issued on September 21, 2009, and the first violation against Newtown Transload was made on July 6, 2010. Between the two entities, there are 11 violations, the last of which was issued to both entities on November 4, 2011.

The letters also state: “DEEP has found that the responses, collectively, do not satisfactorily demonstrate that all of the violations cited have been corrected.”

State Representative Chris Lyddy told The Bee that the letters serve to establish a “fact pattern,” and that depending on whether or how either entity responds, he understands that DEEP will either take some sort of undefined but unilateral action against either or both parties, seek an injunction, possibly to cease and desist operations, through the state Attorney General’s Office, or that DEEP will seek to deny the motion for the permit application at the site.

Health District Director Donna Culbert said based on the litany of violations noted in the DEEP letters, “it became obvious that they could not or would not run clean or in compliance. If it was attainable, we did not see this happening,” she said, “and apparently neither could the DEEP.”

Ms Culbert said that the town has seen numerous companies that have proven it is possible to comply with health and environmental requirements, and take pride in doing so, and that this latest development in regard to the Hawleyville site is “great news for Newtown.”

Mrs Llodra also said that Newtown is “looking to have a positive relationship with the Housatonic Railroad,” but that could not happen unless the railroad “respects our community and its land use regulations.”

“We expect them to treat our environment with care, like we do in our adjacent neighborhoods,” Mrs Llodra said.

Residents, Lawmakers Credited

Looking back over the years it has taken to reach this week’s developments, the first selectman credited residents in the area, town officials, and state and federal lawmakers for supporting the effort.

“Our legislators, Senator John McKinney, Representatives Lyddy and [DebraLee] Hovey, have been behind us on this every step of the way, and when agencies like the DEEP see these lawmakers behind us, it gives support to the strength of our efforts,” Mrs Llodra added.

Mr Benson also recognized Congressman Murphy who was involved at the federal level, clarifying tenets of the Clean Railroads Act of 2008, which he said gave the town’s Wetlands Agency ultimate authority to rule on permitted uses on the property. Mr Benson also thanked Senator Richard Blumenthal, who was involved in the case as Connecticut’s attorney general.

“He sent personal letters in support of our local efforts,” Mr Benson added.

Mrs Llodra said that ultimately, the town’s concerns were validated when a group of residents from the adjacent neighborhood around the transfer station came to complain to the Legislative Council, after they learned that a permit had been filed by the railroad to operate the transfer station, which saw dozens of trucks coming and going from the site daily.

The first selectman also observed that this case may serve as a turning point, and that now other towns may be able to more easily take issue and affect enforcement over activities occurring on railroad property.