Governor Vetoes

Solid Waste Legislation

By Andrew Gorosko

Governor M. Jodi Rell vetoed on June 8 legislation that had recently been approved by the General Assembly which would have made it more difficult for the Housatonic Railroad Company to accomplish its controversial proposed solid waste expansion project at its 13.3-acre Hawleyville rail terminal at 30 Hawleyville Road (Route 25).

The railroad is seeking state Department of Environmental Protection (DEP) approval to increase the range of solid waste and also expand the tonnage of solid waste that it handles at its terminal. The railroad proposes significantly increasing its transfer of solid waste from heavy trucks onto railcars for shipment by rail for disposal at out of state landfills.

The DEP is reviewing the health and safety aspects of the waste expansion proposal. The railroad applied for the waste expansion project last spring. The DEP is expected to conduct a future public hearing on the pending proposal.

State Senator John McKinney and State Representative Christopher Lyddy, who both supported the legislation, said in a June 10 statement that they are disappointed by the governor’s veto of the legislation, which is aimed at protecting wetlands and aquifers from pollution due to the expansion of solid waste facilities.

The legislation was introduced in response to the planned expansion of Housatonic Railroad’s solid waste handling facility, which is located atop an aquifer, the legislators said.

“I am disappointed by the veto, but I am still committed to working with First Selectman Pat Llodra, Newtown officials, and the Hawleyville neighborhood to protect the town and the environment from this hazardous proposal,” according to Mr McKinney.  

“At my request, [the governor] has assured me that the [DEP] will monitor the Hawleyville situation closely and ensure that all of our state’s laws and regulations are followed to a tee,” he said.

Mr Lyddy said, “This veto shouldn’t be taken as a ‘free pass’ by any company looking to expand their solid waste facilities … I trust the governor will act in the best interest of the Newtown community as she continues to examine this issue.”

The proposed legislation was intended to environmentally protect Hawleyville by preventing the expansion of solid waste facilities within 1,000 feet of a primary aquifer or secondary aquifer, until and unless there exists a need for additional solid waste handling capacity, as listed by the state’s Solid Waste Management Plan, Mr McKinney and Mr Lyddy explained in their statement.

In a June 8 letter to Secretary of the State Susan Bysiewicz, Gov Rell explained why she vetoed the legislation.

The governor wrote that the state has no statutory definitions concerning “primary aquifers” or “secondary aquifers,” as mentioned in the legislation.

The language of the legislation would have caused delays in pending solid waste applications and in business growth opportunities for as long as nine months, while terminology would have been developed to define “aquifers” as described in the legislation, she wrote.

Also, a section of the legislation appears to have been written to apply to a particular solid waste handling facility, she wrote, in apparent reference to Housatonic Railroad’s waste transfer station. The legislation actually would have affected 19 pending nonmunicipal waste transfer station applications, she added.

The governor also criticized the legislation on procedural grounds, saying that it would set a poor precedent by unnecessarily changing the state’s solid waste permit application process.

That legislation would have required, in part, that the DEP commissioner not approve any pending request for a new solid waste facility located within 1,000 feet of a primary aquifer or a secondary aquifer, or the expansion of any such existing solid waste facility, until the “need” for such additional solid waste handling capacity is specified by the state’s Solid Waste Management Plan.

The railroad’s waste expansion proposal has drawn stiff opposition from town officials and the citizens group Hawleyville Environmental Advocacy Team (HEAT), whose 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.