Railroad Forums 

  • NYSW garbage transfer site deemed illegal

  • Pertaining to all railroading subjects, past and present, in New Jersey
Pertaining to all railroading subjects, past and present, in New Jersey

Moderator: David

 #84747  by njt4172
 
More modern political nimbyism BS and environmentalist wackos at its best.......


From todays Bergen Record...

"NORTH BERGEN - Fearing a mounting public health threat, state, county
and local officials on Thursday promised a coordinated effort to stem
the proliferation of unregulated solid waste transfer stations along
a railroad right of way in the Meadowlands.

Four "illegal" waste transfer stations, serviced by the New York,
Susquehanna & Western Railway Corp., are currently operating in North
Bergen, and two more are planned, officials said.

The facilities have sprung up during the past two years with no state
permits or zoning approvals and are moving mountains of solid waste
with virtually no oversight, they said.

"We have no idea where it comes from," said Robert R. Ceberio,
executive director of the New Jersey Meadowlands Commission. "We have
no idea what's in it. We have no idea where it's going."

Joining Ceberio were state Community Affairs Commissioner Susan Bass
Levin, who is also chairwoman of the Meadowlands agency; state Sen.
Nicholas J. Sacco, who is the township's mayor; Hackensack
Riverkeeper Bill Sheehan; and a cadre of county and local
environmental, health and fire officials.

"This is a throwback to the dirty old days ... when [Meadowlands]
towns were buried under trash," Sheehan said.

The officials agreed that the best course of action will be to move
on several fronts in a coordinated, multi-agency approach.

To that end, Levin said, the group will reach out to the state's
federal lawmakers in a bid to change the federal rules that exempt
railroads from most state regulations.

"The railroads seem to think they can do anything they want without
concern for the health, welfare and safety of the people," she
said. "It happens here and in many other places around the country.

"They can no longer be allowed to operate in an unregulated way,
taking advantage of the people," she added.

The officials said they are most concerned about the possibility that
stormwater runoff will contaminate surface water and wetlands, the
lack of inspection for hazardous and toxic materials, and the
potential for fires in the large piles of debris that accumulate in
the open while waiting to be loaded on to rail cars for disposal in
out-of-state landfills.

Sacco noted that one transfer site is next to a tract where the
township is planning to build a high school.

Levin, Sacco and Hudson County Executive Thomas A. DeGise recently
sent a letter to state Attorney General Peter Harvey, voicing their
concerns and urging him to take legal action "to stop this unchecked
illegal operation."

They also recommended that a task force of state, county and local
officials be formed to address the health and safety threats posed by
the sites.

Levin said she has discussed the issue with Environmental Protection
Commissioner Bradley Campbell, whose agency promulgated new
regulations in November that will address some of the problems at the
transfer stations.

Levin noted the NYS&W railroad has agreed to enter into a consent
order within 30 days to comply with the new DEP regulations, but
Sacco and other officials were skeptical that the railroad would toe
the line.

In a letter to this week, responding to the commission's request to
cease its waste transfer operations, lawyers for NYS&W said the
railroad was unaware of any non-compliance with commission
regulations at any of the facilities. The railroad also noted that it
is working with the DEP to bring the existing facilities into
compliance with the new state regulations, including plans to enclose
the facilities in the future.

Alan Marcus and Tom O'Neil, spokesmen for the railroad, said Thursday
that the sites handle only construction and demolition debris that is
free of hazardous materials.

Taking issue with the view that the wastes are unregulated, Marcus
said, "There's permitting and testing when it begins its journey and
when it reaches its final destination."

He added that the exemption from state laws granted to railroads
under federal law is necessary.

"The reason for that is the train would never get from New Jersey to
Ohio if each town along the way could impose restrictions like you
can't operate at night or you can't blow your train whistle."

Dumping fee increases at Pennsylvania landfills and new restrictions
on the amount of time truckers can spend behind the wheel are among
the reasons that shipping waste by rail to Ohio and points south has
taken off, Marcus said.

"And one of those rail cars gets four trucks off the road, with the
environmental benefit associated with that," O'Neil added.

Levin said her agency is looking into an incident at one of the
transfer stations on 16th Street, where a mountain of debris |grew
under power lines until a line was knocked out, resulting in a
blackout in North Bergen, she said.

"The operators were in violation of the federal high-voltage
proximity act, and perhaps OSHA worker protections as well," she said.

Marcus said that he was unaware of the incident, but that it must
have been an accident.

"Clearly, there would be no intention of being in violation
particularly since that would appear to be a safety issue," he said.

The other transfer stations are at 2200 Secaucus Road, 43rd Street
behind the sewage treatment plant, and 94th Street. Facilities are
also planned at 58th and 84th streets.

 #84758  by Lackawanna484
 
There's a law in NJ which requires household waste be retained in NJ, unless an export permit is obtained. The law was put into effect in the 1980s to guarantee the waste incineration sites a steady flow of intake.

In a late 1990s case (Clarkstown), the Supreme Court upheld a similar NY statute

 #84774  by jsx
 
From what I see on the SU 99 this appears to be construction debris.

 #84792  by JLo
 
Lack, that law has been struck down so many times in so many different forms it can't get up anymore. Permits can be required to operate facilities to ship based on reasonable healthy and safety requirements, but not to "export" goods, regardless of whether it is garbage or widgets. The ICC of the US Constitution ensures free "trade" between states. I suspect whatever permit is required, it is not an export one.

 #84825  by trainfreak
 
Well i guess these nimbys just want the construction debirs to pile up somewhere else. At least it doesnt stay there for long and the NYSW keeps moving it out. Some of the SU99's are mostly construction debris these days!

 #84829  by Ken W2KB
 
I can understand the concern of the local and state officials. Clandestine disposition of hazardous waste is a constant problem, given the very high cost of legal disposal. The railroad may be an unwitting pawn in the arrangements.

Typical examples are rental of a warehouse, filling with hazardous waste, and the principals disappearing with the cash paid for proper disposal. This may not be a simple as a nimby response to the facilities.
 #84858  by henry6
 
Didn't the M&E get into the same kind of trouble not too long ago? How was that resolved?
 #84900  by njt4172
 
henry6 wrote:Didn't the M&E get into the same kind of trouble not too long ago? How was that resolved?
The building of the facility was stopped and M&E never moved a head with the project....


Steve

 #84908  by David Hutchinson
 
The address of 2200 Secaucus Road is the Resources address. The CD firm at the end of Resources property, which ships most of the cars that you all see on SU-99, has been talking with Resources about building a large enclosed facility. It would be a huge tent with two or so tracks built to service it. With the loss of the Hanjin business, Resources has property to house a facility such as this. These negotiations have been going on for about a year now.

 #84983  by trainfreak
 
I can see why these people are getting concerned though...i have heard that when they are moving the debris around a lot of dust gets kicked up. And who knows how old this stuff is and there coule be asbestos being kicked up and carried by the wind to other places. So really i guess these people do have a legit reason to complain. But hopefully these facilities wont get shut down because its providing the NYSW good business and the railroad looks like a real railroad again.

 #85000  by Irish Chieftain
 
Let's put it this way...transfer stations are necessary to load waste on trucks like these as well—there's one in Relocated Bayway in Elizabeth, NJ (right across the street from the Anchor Tavern, where part of "War Of The Worlds" was filmed; anyone going down there, say hi to Pete the bartender for me). Thing is, you don't have to drive next to waste trains, but you do have to drive next to these on the interstate (and the examples in the pic were taken out of service due to several safety violations)...and oh yeah, these things smell quite ripe during the summer on the interstate...

Image

 #85013  by trainfreak
 
And have you ever had to drive past one of these trucks overturned? Its a sickening site and a smelly one at that. Thats why i like seeing long loaded trash trains go down CSX's Riverline cause it just means more of these trucks are off of the road.

 #85048  by Zeke
 
" We have no idea where it comes from". " We have no idea whats in it ". " We have no idea where its going ". Translation..... " We can't figure out who to shake down for our payoff " ! BTW truckers refer to those garbage haulers on the CB radio as " Maggot Wagons" . A crude but accurate description .

 #85138  by Sir Ray
 
Irish Chieftain wrote:Let's put it this way...transfer stations are necessary to load waste on trucks like these as well—there's one in Relocated Bayway in Elizabeth, NJ
Slightly getting off topic, but I asked this question in the antebellum Railroad.net forums - if I recall correctly, a active branchline (which goes to the tank terminal further north on Front Ave, and probably years ago continued north to the cement dealer adjacent to that worrisome 1 lane bascule bridge [with the decaying concrete counterweight perched over that 1 lane] crossing the Elizabeth river) cuts right through the transfer station in question - so why isn't waste being loaded on rail there?

 #85150  by David Hutchinson
 
It is really fascinating to watch the cd come in through the Resources back gate and be piled high. When the empties are not delivered on a timely basis, the pile goes up, I would guesstimate, over 200 feet high. During the past week, only saw empties delivered two or three days. The cars are cut, one of the CD employees walks the cars and releases the air. As the car are loaded, the excavator is used to move them. Thank goodness the track is level. Although the cars are weighed, they sound overloaded when I see/hear them coming through Warwick.