Hackensack Riverkeeper® Declares Intent To Sue Over
Unregulated Waste Sites

Lawsuit Aims To Shut Down Facilities

 

Hackensack Riverkeeper® and NY/NJ Baykeeper® on August 3 issued a notice of violations and intent to sue New York Susquehanna and Western Railway Corporation (NYS&W) and various hauling companies for their illegal operation of five waste management facilities in North Bergen, serviced by NYS&W. The five active waste management facilities are:

·       16th Street, North Bergen;

·       43rd Street, North Bergen;

·       94th Street, North Bergen;

·       2480 Secaucus Road, North Bergen;

·       5800 Westside Avenue, North Bergen.

The notice letter states that 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 any solid waste management practice constituting open dumping. An open dump is any operation at which solid waste is handled in a way that allows it to enter the environment, emit to the air, or discharge to water.

At the NYS&W sites, the operations are occurring in open air and on bare ground or asphalt pads without any controls. Polluted stormwater runs off piles of waste, garbage is blown into adjacent wetlands, piles of debris are piled perilously close to overhead wires, and airborne pollutants are unchecked.

The notice letter also states that the waste management facilities are creating an imminent and substantial endangerment to health or the environment under RCRA, specifically citing the recent discovery of hazardous materials at the 5800 Westside Avenue facility and the nature of some of the construction and demolition debris accepted at the facilities.

“The railroad’s arrogance is astounding. They think they are above the law, above protecting public health, worker safety, and the environment,” said Andrew Willner, NY/NJ Baykeeper. “The railroad is failing to acknowledge the acute and extremely hazardous pollution conditions at its facilities. It is providing no net benefit to the environment by operating these open air garbage dumps, instead, it is placing New Jersey’s communities and environment at risk.”

Last week, the State announced a multi-agency task force to investigate the facilities, and the Department of Environmental Protection issued a $2.5 million fine against the companies. The State has not moved to shut down the businesses, however, and they continue to operate in defiance of state law.

“We support Acting Governor Codey’s call to harass these garbage dumps and the significant fines imposed by the DEP, but public health and the environment will continue to suffer until the facilities are shut down,” said Capt. Bill Sheehan, Hackensack Riverkeeper. “For over eight months, NYS&W has failed to come into compliance with even minimal state requirements, and there is no reason to believe its belated promises to clean up its act voluntarily.”

Last week Senators Lautenberg and Corzine introduced federal legislation to close the loophole being exploited by railroads to operate waste management stations outside of state and local laws. The loophole is an ambiguous part of an act to deregulate the railroad industry by consolidating jurisdiction over rail operations before the Surface Transportation Board (STB). The STB does not have jurisdiction, however, over ancillary waste operations, or staff and authority to inspection stations, thereby creating a regulatory void.

“Congress should affirm that it never intended to give favored status to railroads in the waste industry or to take away local communities’ control over the siting of garbage dumps and waste,” said Debbie Mans, Policy Director for NY/NJ Baykeeper. “The need for local siting safeguards is even more important in North Jersey because of security concerns; local communities have the right to know what is being stored at these facilities.”

On July 6 and 7, 2005, local health and fire officials responded to a citizen complaint about a disturbing odor emitting from the 5800 Westside Avenue facility. They determined that the odor was coming from tanks used for transporting phosphorus pentasulfide, which is ignitable and explosive upon contact with water; reacts with water to form hydrogen sulfide, sulfur and phosphoric acid; gives off toxic fumes in a fire; is hazardous to the environment (particularly to aquatic organisms); and is a listed hazardous material. Inspectors found varying numbers (between 40 and 80) of full and empty containers on the site. The tanks hold 7,000 pounds of phosphorus pentasulfide each. The 5800 Westside Avenue facility lacks patch/cleanup crews onsite, safety protocol procedures and a hazardous materials training officer. The gates to the facility were left open and there were no security personnel or site access restrictions when inspectors went to the site. Additionally, on July 6, 2005, local fire department personnel were able to drive the entire length of the yard without being approached once. During a later visit, reporters were able to walk through the yard’s open gate and inspect the containers. On July 6, 2005, local police officers observed three large tanker cars filled with chlorine being stored on tracks in the yard. Inspectors did not find any manifests of the waste.