Another legislator and two conservation organizations have gotten involved in the battle to stop a railroad company from using transfer stations in North Bergen as dumping grounds for trash and other materials. United States Rep. Robert Menendez (D-13th Dist.) introduced federal legislation that will allow state and local officials to prevent railroads from operating garbage dumps that pose a serious threat to the air and water of the area.
Recently, it was discovered that tanks of toxic substances were being stored near local railroad tracks, which had already been used as dump sites for other trash. The railroads were exempt from local and state health regulations by an old federal commerce law.
While local officials had been fighting the trash dumping, the more recent discovery of the toxins – which could force a local evacuation if they were disturbed – got higher level officials involved.
Two weeks ago, Acting Gov. Richard Codey formed “Operation Safety Net,” a multi-agency, statewide enforcement initiative organized to try to monitor unregulated solid waste transfer sites along the federally-protected railway lines.
Then Codey announced that the state Department of Environmental Protection had levied a fine of $2.5 million against the New York Susquehanna & Western (NYS&W) for environmental violations associated with the operation of five solid waste transfer sites in North Bergen.
Environmental groups may sue
Last week, the Hackensack Riverkeeper and the New York/New Jersey Baykeeper both announced that they had sent the NYS&W a 90-day letter of intent to pursue lawsuits if the areas are not cleaned up properly.
Captain Bill Sheehan, the Hackensack Riverkeeper, said that he was acting within the guidelines set by the Resource Conservation and Recovery Act in filing the official letter of intent.
“The act requires that we put polluters on notice and give them a chance to do something before the lawsuit is filed,” Sheehan said. “The letter went out from me and Andy Willner, the New York/New Jersey baykeeper, as co-plaintiffs, and we’re represented by the Rutgers Environmental Law Clinic. These dumps are right smack in the middle of the watershed, and it’s a real mess. These railroads are cloaking themselves in federal protection and we have no idea what’s there.”
Sheehan added, “If it goes into discovery, then the railroad will have to turn over records. This [old federal] law was done to stimulate commerce and business, not to allow dumping.”
Menendez
Menendez, with the help of fellow New Jersey Congressmen Bill Pascrell and Steve Rothman, made his announcement about the new federal legislation last week.
“These companies are brazenly flouting federal, state, and local environmental protections and putting our families at risk,” Menendez said. “My legislation will let the people of New Jersey shut these dumps down and keep our rivers clean, keep our air clear, and keep our families healthy. We have to do something to stop the railroad of this particular privilege.”
Menendez said that he was sickened to learn of these trash dumping facilities.
“The dumps in my district in North Bergen are completely open to the air,” Menendez said. “They are polluting the surrounding neighborhoods with wind-blown debris and hurting our wetlands through dangerous runoff. The trash at these sites reaches the height of a three-story building. They produce rats and other infestation. They are horrible eyesores that are harming our environment and need to be closed. We can’t continue to let the railroads do whatever they want.”
Railroads like NYS&W claim that the Surface Transportation Board has exclusive jurisdiction over railroad activities, exempting the railroads from all state and local regulations regarding the handling of solid waste. Menendez’s legislation would make it clear that the Surface Transportation Board’s exclusive jurisdiction over rail matters does not extend to solid waste management facilities, which would allow state and county authorities to regulate or stop the operation of dumps.
Dump operators would need permits to begin construction, would have to comply with county solid waste plans, and would be required to meet all New Jersey Department of Environmental Protection regulations for solid waste management facilities.
Menendez said that with the governor and both United States senators involved in the mess, there is strength in numbers.
“The railroads have a huge lobby in Washington, but we’re hopeful we can beat them down with a strong coalition,” Menendez said. “We’ve stepped on their feet now and we expect to push even harder.”