Officials rally opposition to waste station
Concern is that site could become a garbage way station
BY CLARE MARIE CELANO
Staff Writer

A photograph taken on May 5, 2003, shows a waste transfer station at 16th Street, North Bergen (property owned by New York Susquehanna and Western Rail-way), operated by Rail Tech. Government officials are concerned that a similar unregulated facility could be established on Route 33, Freehold Township. This photograph was supplied by the office of N.J. Rep. Frank Pallone Jr.

State and federal officials are ramping up their opposition to the possibility that an unregulated waste transfer station could become operational on Route 33, Freehold Township.

However, in order to short-circuit that possibility, a change in federal law may have to be made.

The concern stems from a loophole in federal law that apparently would allow a railroad operator to place such a facility on property in front of the former Brockway glass plant. The site is on Route 33 about a half-mile west of the Kozloski Road overpass.

On April 27, officials held a press conference near the 50-acre tract to discuss their plans to oppose this type of facility from locating in Freehold Township.

Frank Pallone Jr.

Congressman Frank Pallone Jr. (D-N.J.) said the land could host a solid waste facility someday. Pallone was joined at the meeting by state Sen. Ellen Karcher, Monmouth County Freeholder Barbara McMorrow and New Jersey Department of Environmental Commissioner Lisa Jackson.

Pallone said state officials are concerned about a loophole in federal law that allows some waste handlers and railroad companies to establish unregulated waste transfer stations.

According to Pallone, there are 15 such facilities on the horizon. Some are already operating in North Bergen, others have applied for permits, and others are in the process of applying. One such facility also handles hazardous waste, he said.

The Associated Press, citing newspaper accounts, reported on April 28 that three waste transfer stations in North Bergen had just been closed by the state due to fire safety violations. The move could set up a legal battle between the state and the operators of the facilities, according to the report.

Pallone explained that under the Interstate Commerce Commission Termination Act of 1995, the Surface Transportation Board has exclusive jurisdiction over transportation by rail carriers, and the ability to grant federal pre-emption over other laws at any level - local, state or federal - that might impede such transportation.

Pallone said Congress intended such authority to extend only to transportation by rail, not to the operation of facilities that are merely sited next to rail operations.

"That was not the intent of Congress," he said.

Pallone said New Jersey has tried repeatedly to impose regulations on the trash piles at the waste transfer stations in an effort to protect citizens who live and work near them. In Freehold Township, Ashland Railroad has filed for a notice of exemption that would clear the way for it to create a solid waste transfer station on 10 acres next to an existing rail line adjacent to the Route 33 property.

Pallone said he has introduced a bill which, if signed into law, would ensure that solid waste facilities next to railroads fall under the same regulations as every other waste facility. That provision would allow New Jersey to regulate these facilities. Pallone said Sen. Frank Lautenberg (D-N.J.) has introduced companion legislation in the U.S. Senate.

"Companies should no longer be allowed to use this loophole to get around state and local regulations. Our legislation will give New Jersey a say in what happens to this land, so that we protect both the environment and the health of area residents," Pallone said. "I can't imagine that many residents would support putting giant mounds of garbage on this land without any oversight or regulation from the state."

The DEP's Jackson said that by law, a railroad company can find any site in a community and haul anything without being impeded by local, state or federal regulation.

"This is ludicrous," the DEP commissioner said. "We have been so proactive in our state and we have managed to monitor things that affect our communities."

Jackson said a solid waste transfer station is not just transporting what most people think of as garbage. Materials passing through the site can include construction debris containing asbestos, lead and the remnants of heavy metals, which she said can be emitted into the air and seep into the ground.

"This is not a transportation issue," Jackson said. "This is a human health issue. We can be no less than vigilant and we can't think this will not happen in our neighborhood. It is happening. It has already happened, even in areas like the Meadowlands and the Pinelands. All communities are vulnerable."

Karcher said she tried to stop the North Bergen transfer station from opening and learned a lot in that effort. She said there is not much officials can do unless the federal law is changed. She called the situation very frustrating.

McMorrow said the present situation is not good for anyone and pledged that county officials will do what they can to prevent a waste transfer station from opening in Freehold Township.

Larry Zaayenga, supervising planner with the Monmouth County Planning Board Solid Waste/Recycling Planning section, said the land next to the former Brockway plant was originally owned by Ralph Clayton and Sons. In 2006 the property was sold to Grems-Kirk Railway.

It was reported by Clayton, according to Zaayenga, that about 10 acres would be leased to Ashland Railroad. The land is adjacent to the Freehold Secondary rail line and an old spur which served Brockway. At present, the site is a sod farm.

Zaayenga said the rail spur which Ashland would use to develop its "transloading" facilities has no reasonable access to the Ashland site, but does have serious grade elevation and wetlands problems that would seem to prevent any use of the rail line from that portion of properties.

Zaayenga explained that a letter from Ashland to the federal Surface Transportation Board states there are currently no plans to handle waste material, but notes that if waste was offered it would only be accepted as a containerized commodity. The basic message in the response is that other than Clayton Sand Company and its subsidiaries, Ashland does not know which, if any, companies will be offering any commodities for shipment, where they might originate from, or be shipped to, according to Zaayenga.

Ashland states there is no plan to construct a building facility and says that if environmental permits are required for its operations Ashland will apply for them.

"This last statement is particularly disingenuous, as they note Ashland has not had any communication with New Jersey agencies since there are no approvals required for the operations that Ashland intends to operate. So, while Ashland states it will comply with any applicable regulations, it does seem clear they do not intend to apply for any state, and one would assume, for any local reviews or permits," Zaayenga said.

While Zaayenga acknowledged that railroads are a good way to cut down on truck traffic, he said solid waste facilities require environmental, traffic and other controls that are not applied under current federal rules for small rail companies.

A short distance away on Route 33 from the property under discussion as an unregulated waste transfer station is a regulated solid waste transfer station on property operated by Freehold Cartage Inc. (FCI).

The difference, Zaayenga said, is that FCI submitted detailed information to Monmouth County about its plans before it was permitted to operate the transfer station. He said the information was shared with municipal officials, discussed in public by the Monmouth County Solid Waste Advisory Council and reviewed by the county Board of Freeholders.

After that, FCI submitted detailed engineering plans, environmental and traffic studies to the state DEP, he said, adding that it took two years for FCI to secure the state permits it needed to operate the solid waste transfer station.

Freehold Township officials negotiated with FCI and have said the municipality receives an annual payment for allowing the solid waste transfer station to operate within the township.