|
|
|
Borough
fights federal exemption RED
BANK RECYCLING MAY USE LOOPHOLE TO HANDLE DEBRIS BY LARRY HIGGS COASTAL MONMOUTH BUREAU RED BANK — A federal loophole that makes it easier to build solid waste facilities next to railroad tracks ignores local concerns about air pollution, noise and traffic in nearby neighborhoods, critics say. That loophole is being fought in Congress, in the courts by the state and on the streets of a Red Bank neighborhood, where such a facility is proposed. "It's a dirty trick," said resident Kathy Mautner, who lives about a block from the proposed transfer station. "They'll stop at nothing to ruin the neighborhood." Red Bank Recycling officials said they may submit such an application to the federal Surface Transportation Board. The company wants to construct railroad sidings — secondary tracks connecting to the main rails — as well as a building that would house facilities for transferring construction debris from trucks to rail cars and separating recyclable materials on its Central Avenue property. But company officials said they would only turn to the federal law if their similar application before the Monmouth County Solid Waste Advisory Council is unsuccessful. They stressed that no decision has been made to pursue a federal application. "We simply mentioned that is an option," said Michael Weisslitz, Red Bank Recycling attorney. "We have not decided to go that route. That is why we applied to the (county) SWAC. That is an option should we not get SWAC approval." If
the application was made to pursue approval under federal railroad law,
it would be the first in Local officials are concerned because a review by the federal board doesn't consider environmental impact, traffic or effects on a facility's neighbors. "We consult with the town on land use and transportation issues. The Surface Transportation Board just processes paperwork," Zaayenga said. "The state, county and town don't get the opportunity to comment." Currently, federal law exempts land along the railroad right of way from state and local regulations. A company enters into an agreement with a neighboring railroad, and the railroad applies for pre-emption. Usually shortline railroads apply for the exemption, Zaayenga said. Statewide, 22 operating or proposed rail transfer waste operations have taken advantage of the exemption from local and state laws, Zaayenga said. Legislation on tap "This
is just a way of getting around state and federal solid waste
laws," said Rep. Frank J. Pallone Jr., D-N.J., who has sponsored
legislation in Congress aimed at closing the loophole. "It can
cause problems for people who live nearby, and there is more potential
to cause problems here in The proposed legislation would strip jurisdiction from the Surface Transportation Board to hear and decide solid waste matters. The bill will be the subject of a hearing Tuesday by the House Subcommittee on Railroads. "The
bill was a response to problems all over the state. We've had it in the
Meadowlands and in "The Pallone bill is the way to go. A lawsuit is good for delaying it," said resident Mautner. Red Bank Recycling initially applied to the county advisory committee for its recommendation of the transfer station last month, but asked the board to postpone its application from being heard this month. Weisslitz said the application is scheduled to be heard in June. The committee would decide whether to recommend the application to the Monmouth County Board of Freeholders. The freeholders would then hold a public hearing and decide whether to send the application to the state Department of Environmental Protection. "I think it was a threat" Mention of the federal railroad law provoked strong reactions, and some Red Bank officials said they believe it's worth going to court over. "One thing I was going to ask the mayor and council to do is to file suit against the applicant to prevent this," said Michael DuPont, Democratic council candidate and Zoning Board of Adjustment member. "I think it was a threat. We should do this pre-emptive action." Councilman John Curley, the Republican candidate for mayor, agrees the borough has to defend itself in that case. "Any effort that can be done is worthwhile," Curley said. "As far as the borough is concerned, there is no compromise. It would be such a detriment to Red Bank that it would ruin the town." Curley
said the proposal is a regional issue, with officials from Company and borough officials are expected to meet by the end of the month to see if a compromise can be worked out, Weisslitz said. An issue elsewhere State environmental officials filed suit in April against three companies that attempted to use the federal loophole to build a construction debris transfer station in Pleasantville. Attorneys for the state contend that proposed transfer station violates state laws regulating solid waste facilities and federal environmental laws protecting coastal areas. The
suit names JP Rail of Court
papers, citing a ruling made in a similar case in Red Bank officials are concerned about the effects on roads and nearby neighborhoods — through which at least 70 trucks a day would come to the transfer station — and environmental issues such as noise and air pollution, all which were detailed in a resolution to the county Solid Waste Advisory Committee. Borough officials also issued a stop-work order in April on construction of a wall and a railroad siding on the property.
|