Aim To Shut Down Unregulated Garbage Transfer Facilities

On October 11, 2005, attorneys for Hackensack Riverkeeper® and NY/NJ Baykeeper filed a lawsuit against the New York Susquehanna and Western Railway Corporation (NYS&W) and various hauling companies to shut down their illegal operation of five unregulated garbage transfer facilities in North Bergen, NJ. The five dumps are located on or at: 16th Street; 43rd Street; 94th Street; 2480 Secaucus Road and 5800 Westside Avenue in North Bergen, Hudson County.

This citizen suit seeks to shut down these unregulated open dumps, all of which are operating in violation of federal law. The railroad, as an owner and operator, and the waste hauling companies as operators, are in violation of the Resource Conservation and Recovery Act (RCRA), which bans open dumping. An open dump is any operation in which solid waste is handled in such a way that it fouls the land, emits to the air, or discharges to water.

“The railroad’s arrogance is astounding; they think they are above the law and above protecting public health, worker safety, and the environment,” said Andrew Willner, executive director, NY/NJ Baykeeper. “The railroad fails to acknowledge the acute and extremely hazardous pollution conditions at its facilities. It is placing New Jersey’s communities and environment at risk.”

At four NYS&W sites, the garbage operations take place in the open air and on bare ground without any controls. Polluted stormwater runs off the piles of waste, garbage is blown into adjacent wetlands, debris is piled perilously close to overhead wires and dust is everywhere. Additionally, the Westside Avenue dump receives, stores, and processes contaminated, radioactive soils and other materials without the proper controls for dust and other air emissions.

“I am gravely concerned that the defendants are subjecting the people and the environment of the Meadowlands to the horrible impacts caused by these medieval operations,” said Captain Bill Sheehan, executive director, Hackensack Riverkeeper®. “I am also astounded by the arrogance they have displayed by their continuing refusal to accept regulation by the NJ Department of Environmental Protection.”

The lawsuit comes 90 days after the organizations issued the defendants a Notice of Intent to Sue letter on August 3, 2005.

That same month, the State of New Jersey created a multi-agency task force to investigate the facilities and the DEP issued a $2.5 million fine against the companies. Recently, the state also issued a notice of intent to sue the NYS&W under RCRA. Despite fierce opposition from all sides and blistering media coverage, the businesses continue to operate in defiance of the law.

At the federal level, U.S. Senators Jon Corzine and Frank Lautenberg have introduced legislation to close the loophole that started the problem. That loophole was created by an ambiguity in a railroad deregulation act that consolidated jurisdiction over rail operations with the Surface Transportation Board. Unfortunately, that agency doesn’t have control over ancillary operations like the dumps. It also lacks the staff and authority to inspect them, hence the regulatory void.

“That’s where we come in because we don’t accept voids where the environment is concerned,” said Captain Bill. “One way or another, those dumps are going to be shut down for good.”

NOTE: On October 24, U.S. District Judge Katherine S. Hayden blocked the state’s attempt to close the dumps, allowing them to operate for two more months at least. In her decision, Judge Hayden noted that the NYSWRR has “pledged to bring their operation into compliance with state regulations by the end of December” and had “already made dramatic improvements.” As a result, the NJDEP has been prevented from enforcing its regulations and from collecting fines this year.