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Acting Gov. Richard Codey wasted little time in lowering the boom on a railroad company that allegedly allowed toxic chemicals to be temporarily stored on its property.
Just two days after launching "Operation Safety Net" to monitor unregulated solid waste transfer sites along federally-protected railway lines, Codey announced that the state Department of Environmental Protection levied a fine of $2.5 million against the New York Susquehanna & Western (NYS&W) railroad.
The company said they will appeal the fine.
The fine was for alleged environmental violations associated with the operation of five solid waste transfer sites in North Bergen.
Unfortunately, railroads fall under federal protection and have gotten away with allowing waste to be stored on their sites in the past.
Codey first announced the formation of the "Operation Safety Net" at a press conference at the New Jersey Meadowlands Commission's headquarters in Lyndhurst Monday afternoon, a gathering that included U.S. Senator Jon Corzine, State Senator and North Bergen Mayor Nicholas Sacco, Department of Environmental Protection Commissioner Bradley Campbell, Department of Community Affairs Acting Commissioner Charles Richman, and New Jersey State Police Lt. Col. Frank Rodgers.
"Across New Jersey, including at least five sites in North Bergen, these open-air mountains of trash are operating totally outside state and local laws," Codey said at the press conference. "I don't care what federal loopholes are being exploited. I am not going to stand by and do nothing while these trash heaps take over our state."
The fines
Two days later, Codey announced at a press gathering in Trenton the fines against NYS&W.
"Today, we are sending a message to transfer station operators," Codey said. "This administration will continue to punish companies that exploit federal loopholes and jeopardize the health of our residents and our environment."
Campbell concurred at Wednesday's press gathering.
"The DEP's $2.5 million penalty assessment against NYS&W reflects the State of New Jersey's commitment to protect our communities from solid waste handlers who endanger our quality of life," Campbell said. "The DEP will continue to work closely with the Department of Community Affairs and the State Police in carrying out Governor Codey's Operation Safety Net."
It's toxic
As a result of seven investigations conducted from November 2004 to July 2005, the state DEP determined that NYS&W operates five sites that load solid waste from trucks to rail cars. One of the sites handles bulk shipments of soil and other state-regulated waste associated with specific site remediation projects. The remaining sites are open dumps that handle construction and demolition waste.
DEP cites NYS&W with violating state solid waste and air pollution laws at all five sites by allegedly loading solid and hazardous waste materials outdoors, and failing to regularly clean areas in which solid waste is handled and failing to contain, collect and dispose of wastewater.
In addition, the DEP cited NYS&W for allegedly spilling hazardous waste, failing to contain litter and debris, and accumulating unprocessed waste in the area surrounding the facilities.
The state also alleged that NYS&W also failed to control insects and rodents and emitted odor, dust and solid waste particles into the outdoor atmosphere in quantities resulting in air pollution.
DEP's penalty assessment is based upon a fee schedule of $2,000 per facility, per day from Nov. 15, 2004 through July 25, 2005.
Will appeal
NYS&W officials have already informed both state officials and DEP officials that they will appeal the decision. By law, NYS&W has 20 days to request an administrative hearing to contest the violations and penalties.
Because these unregulated waste sites are located adjacent to rail lines, the operators claim they are protected under federal rules for interstate commerce, laws that were established in the 1880s, when railway travel was the only means of shipping goods throughout the country.
However, after hearing the pleas of local legislators and environmental officials, Codey realized that there was a call for action.
The "Operation Safety Net" will give the state the authority to take forceful action against these unregulated dumping grounds.
Inspectors from the state Department of Environmental Protection will look for environmental violations at the sites. Inspectors from the state Department of Community Affairs Division of Fire Safety will look for fire code violations. New Jersey State Police will inspect the trucks traveling to and from the sites, and the businesses that own and operate them.
When their vehicles cross the Hudson River, the Port Authority Police Department will inspect the vehicles pointed out to them by the State of New Jersey.
Codey pointed out that this is not a problem New Jersey can solve by itself. That's why there was a need to have federal legislators get on board and close that federal loophole.
"It is wrong that any waste transfer station in New Jersey could operate apart from our state's tough environmental and safety standards and regulations simply because they are located along a railroad right-of-way," Sen. Jon Corzine said.
What about the tanks?
Earlier this month, tanks containing allegedly toxic chemicals were found near the tracks. As of Wednesday, the tanks have been removed, and the area surrounding 5800 West Side Ave. is now fenced in and guarded by private security companies. One entrance is now totally blocked by parked dump trucks.
A reporter was chased away from taking pictures by a security guard who threatened to have him arrested for trespassing.
Sacco said he was happy with the swift action taken by Codey.
"It would be tough if this was just North Bergen alone," Sacco said. "Now, we have the whole state involved."
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