Rail Officials Try To Strike

A Balance

By Kendra Bobowick

It is a story of conflict.

Since filing an application in April for construction and operations of a solid waste facility at 30 Hawleyville Road, the Housatonic Railroad Company, which has been doing business there for several years, has faced heavy opposition.

On July 24 the company received a town notice for wetlands violations. On August 13 the town issued a cease and desist order to stop earthen filling on the site. On Wednesday August 19, the Inland Wetlands Commission agenda listed one item: A Show Cause Hearing regarding the cease and desist notice; that evening railroad representatives agreed to complete a wetlands permit process. (See related story.)

In past months the railroad company has also heard a sustained outcry from the Hawleyville Environmental Action Team (HEAT), a grass-roots group arguing against aspects of the railroad’s recent application.

Also on August 19, state Attorney General Richard Blumenthal added his weight to arguments for the railroad to cease wetland-filling operations stressing, “You are required to comply” with the wetlands requirements — essentially enforcing state law.

“Your non-compliance is flagrant,” he wrote in a letter to railroad representatives. Complaints came from residents and local officials that the railroad had continued with site changes despite notices for violation. The day before, Housatonic Railroad Vice President of Special Projects Colin Pease walked the site, speaking candidly about ongoing operations and prep work for improvements — machinery churned around him creasing and refolding the dry earth alternately in piles or leveling the grade for track extensions. He said Tuesday prior to seeing the attorney general’s letter addressed to him, “We have been portrayed as cavalier, but the town is also in a tough spot; they have constituents who don’t want us.” He stressed his initial desire to “work with the town to solve problems.”

He had noted that “obviously there are different views, regarding who has jurisdiction over the railroad’s site improvements and proposed expansions. (See DontWasteHawleyville.com, which offers a link to the railroad’s April application.)

At times pausing to wait for a grinding engine to pass, Mr Pease said he would prefer to “put jurisdiction aside” and “just work together to make this a good project.” He has indicated in the past that the railroad is trying to operate a business, but immediate operations — working with 60 railcars — has not changed. Lumber comes in from the Pacific northwest, he said, “bringing it closer” to its intended destination. Construction debris unloaded at the station is loaded onto rail cars and shipped out. “As you can see, it’s a busy place,” he said regarding day-to-day business.

Mr Pease said Tuesday, “The railroad is sensitive about jurisdiction. If every locality could stop you from doing things, you couldn’t run a railroad.” His company filed its application with the DEP to “reflect what the law said,” and again spoke of the gray areas. “We’re sensitive about ceding jurisdiction ... we don’t want to lose the opportunity to operate.” Similar to the Mr Blumenthal’s observation that the violations are “flagrant,” Mr Pease noted earlier this week that past comments have suggested that the railroad is ignoring the town’s attempts to enforce wetlands regulations, for one. He had mentioned Tuesday, however, “Despite the permit, we can add track any time.” At the moment, no new building is being constructed, but is planned.

Already, members of HEAT speculate that a greater number of large trucks are moving in and out of the railroad facility. Noting these and other recent issues, Mr Pease spoke of an obvious problem he cannot alleviate: Not In My Back Yard.

“I can’t solve that issue. We don’t pick up our tracks and go elsewhere,” he said. As he has stressed in the past, his company is trying to run a business. Commenting again on public opinion, he said Tuesday, “There are certainly people who don’t want [us] here.” He also noted that some people do not want expansions to happen at all.

On site Tuesday, Mr Pease pointed to where materials such as lumber and construction debris await transfer via rail cars, and walked through a bunker containing stacked lumber that would also move by rail.

Different Points Of View

Hours before the Inland Wetlands Commission meeting Wednesday, Land Use Director George Benson had a conversation with the attorney general’s staff echoing Mr Blumenthal’s letter. He was prepared that afternoon to insist the railroad accede to the local wetlands review process — which they ultimately did.

He, like Mr Pease, has contemplated the gray areas of jurisdiction created by the  Clean Railroads Act of 2008. Since the act required applications through the DEP, the town agencies have also tried to step through that doorway to assert some authority over railroad operations. The attorney general’s letter this week offers Mr Blumenthal’s answer to one emerging question — who has jurisdiction in the time period prior to the DEP’s decision on the railroad’s application? Mr Blumenthal’s letter states: “Not only is the railroad required to comply with wetlands, but also to abide by orders issued but a municipality …” Tuesday, Mr Pease saw a clear “now and then,” describing two situations as “the interim before the permit,” and a time after their permit.

According to Mr Benson, the process could take months, at least. As Mr Pease explains, the permit “will define tonnage and materials” handled — both are sore points with HEAT and local officials. The application specifies a maximum capacity of handling 2,000 tons of materials a day compared to a current 450 tons daily. Types of materials also have raised concerns as far as environmental safety and handling procedures. Despite the maximum capacity, Mr Pease stressed that “there is a finite level, defined by the number of cars.” They currently operate with 60 cars.

General Concerns

Concerns expressed prior to the meeting Wednesday evening were clearly skeptical of the Housatonic railroad’s continuing operations. Like Mr Pease, Mr Benson acknowledged that in light of the 2008 Clean Railroads Act, “This has never been done before,” and the town is working without guidelines. Mr Benson is concerned: “[The railroad] applied for a permit but they are already doing business. Does that make sense?” Selectman Paul Mangiafico expressed opinions similar to those noted by the attorney general. Wednesday afternoon he said, “In the meantime they are violating cease and desist orders.”

Referring to the pending decision from the DEP, he said, “Why should we wait for the [DEP]? It seems like the more we wait the more they do.” Not comfortable with the ongoing work, he said, “I’d like an injunction from the court until there is a resolution.”

Currently track expansions are underway — creating a temporary degree of noise as the company grades the land to set new track where it will eventually relocate loading procedures from truck to train car. Per its requests in the application, the railroad wants to build a larger, bunkerlike building so that all loading can be done indoors and, with the track extension, provide the room to load more efficiently, Mr Pease had explained. The application, however, notes a possible increase from 450 tons of debris a day to as much as 2,000 tons, with a broader scope of materials accepted at the station, Mr Benson reminded this week.

“The railroad in New England is not an easy business to be in,” Mr Pease said. “Always, people are finding a better way” to ship their materials, he said.