Join Us!
Call DEEP Commissioner
Daniel C. Etsy
(203) 434-3001
2010 photos HRRC Hawleyville property »
HRRC Responds,
Applies,
Amends...
MATERIALS THAT WILL BE PROCESSED - MOST RECENT APPLICATION
REVISED PERMIT APP #3
HRRC Response to
CT DEP Notice of Insufficiency 11/23/2009
Accompanying Maps Courtesy of Core Reprographics
REVISED PERMIT APP #2
HRRC states they will amend the application
10/01/09
PERMIT APP #1
Newtown Transload, LLC
Inland Wetland Permit Application
9/9/09
Notice of Violations
HRRC NOV 10-14-11
Newtown Transload NOV
10-14-11 DEEP INSPECTION REPORT 9-30-11
HRRC NOV PDF 7-7-10
Newtown Transload, LLC, NOV
PDF 7-6- 2010
CT DEP Notice of Violation Issued
9/02/09
Town of Newtown Inland Wetlands Notice of Violation Issued
6/4/07 & 7/24/09
January 21, 2010 photos
Click for more photos
DEP Permit Process General Info
PDF
CT DEP Permit Process
ACT NOW!
1. Sign Petition
It is the fundamental human right of every child and adult to breathe clean air, drink clean, fresh water and live in a community where every individual’s health and safety are equally protected.
More & SIGN THE PETITION»
2. Write & Call
Let them hear from you!
Call and email:
DEEP Commission Daniel Etsy
(203) 434-3001
Congressman Chris Murphy
(860) 223-8412
Attorney General Jepsen
(860) 808-5318
Robert C. Isner, Director
CT DEEP
Bureau of Materials Management and Compliance Assurance
Waste Engineering and Enforcement Division
79 Elm Street
Hartford, CT 06106
(860) 424-3264
Senator Richard Blumenthal
G55 Dirksen Senate Office Bldg.
Washington DC, 20510
tel: (202) 224-2823
fax: (202) 224-6593
30 Lewis Street, Suite 101
Hartford, CT 06103
tel: (860) 258-6940
fax: (860) 258-6958
Senator Joseph Lieberman
706 Hart Office Building
Washington, DC 20510
1 Constitution Plaza
Hartford, CT 06103
1-800-225-5605
FAX 866-317-2242
State Rep Chris Lyddy
1-800-842-8267
3.Speak Up
Send your opinion to local papers: Newtown Bee and News Times Hartford Courant
4. Be Informed
Read the facts. Documents, minutes, materials from various RR, Federal, State, Local agencies. Includes minutes, maps, and pertinent documents.
5.Join/Write Us
Get on the mailing list.
Send your email address and concerns to us at info@dontwastehawleyville.com (Your email will not be used for anything other than keeping you up to date. It will not be shared and it will not be visible to other email recipients.)
Condition of Housatonic Railroad Co. owned
Hawleyville Post Office building
Photo taken Feb 2009
Residents petition USPS to keep Hawleyville PO open but support reopening in a different location. Lease was signed for new post office location at 23 Barnabas Road.
Visit Save Hawleyville PO for update on new post office opening.
THINK GLOBALLY
—ACT LOCALLY—
Hawleyville section of
Newtown, CT
Railroad Ending Solid Waste Operations In Hawleyville
Newtown Bee
12-29-11 The Housatonic Railroad Company has withdrawn its controversial state environmental permit application to expand its solid waste handling at its 12.5-acre Hawleyville rail terminal and, in effect, is ending its solid waste operations there.
Closure of the solid waste transfer station at 30 Hawleyville Road (Route 25) would end about eight years of such activity on the railroad's sidings in Hawleyville Center. During that period, the railroad has transferred solid waste, including construction and demolition debris, from trucks onto railcars for shipment to out-of-state landfills.
The railroad's April 2009 application to the state Department of Energy and Environmental Protection (DEEP) to greatly expand its waste handling and also to broaden the range of waste that it would handle, drew intense opposition from an ad hoc citizens group known as the Hawleyville Environmental Advocacy Team (HEAT). Read complete article >
Rail waste station closes in Newtown
Newstimes 12.27.11 - The Hawleyville Solid Waste Rail Transfer Facility has ceased operation at 30 Hawleyville Road. "We are very, very pleased with the outcome," said First Selectman Pat Llodra. The transfer facility did not provide any benefits to the town, Llodra said Tuesday. The Housatonic Railroad Company, the business owner, did not pay taxes and the facility created environmental problems and noise for residents in the town, Llodra said. "There was no loss to Newtown," Llodra said. Read complete article >
Housatonic Railroad to Discontinue Waste Operations
Newtown Patch 12.27.11 Five-year saga to shut down a solid waste facility in Hawleyville draws to a close. Read complete article >
Housatonic Railroad withdraws application
for a
solid waste transfer operation in Hawleyville
Hawleyville Waste Facility Faces Uncertain Future
Department of Energy and Environmental Protection expected to rule on permit regarding solid waste transfer station in Hawleyville owned by Housatonic Railroad.
After filing multiple notices of violations to operators and owners of a Hawleyville solid waste transfer station and receiving no satisfactory answer, the Department of Energy and Environmental Protection is considering denying a permit that may in essence spell an end to future operations at the facility, according to officials.
12.24.11 Read complete Newtown Patch article >
Hawleyville Transfer Station Closed,
State DEEP Poised to Take Action
Two entities tied to a Hawleyville waste transfer station have each received notices from the Connecticut Department of Energy and Environmental Protection (DEEP) that the agency has reached a "point of impasse" on negotiating a consent order between the property owner, Housatonic Railroad, and station operator, Newtown Transload, LLC.
As a result, the transfer station that is adjacent to several Hawleyville businesses and residential neighborhoods is currently closed. And there is growing expectation among local officials that pending state action against both the business and the land owner could signal the end of a nearly four-year battle over the transfer station, which has involved myriad Newtown officials, attorneys, state lawmakers, neighbors who formed a grassroots activism network to oppose the business, and even US Congressman Chris Murphy.
12-21-11 Read complete Newtown Bee article and see video >
12-12-11 CT of Energy and Environmental Protection letter to
Stephen Goldblum, Newtown Transload, LLC
Dear Mr. Goldblum:
The Department of Energy & Environmental Protection ("DEEP") has received your responses to the above referenced Notices of Violations, specifically letters to the Waste Engineering and Enforcement Division (WEED) and the Water Permitting and Enforcement Division (WPED) dated November 7 and November 17, 2011 respectively. DEEP has found that the responses, collectively, do not satisfactorily demonstrate that all of the violations cited have been corrected. DEEP remains concerned that there seems to be an impaired relationship between Housatonic Railroad Company, Inc., and Newtown Transload, Inc., whereas the two parties cannot ensure compliant operations nor can they agree on who is responsible to ensure compliant operations of the solid waste facility in Newtown, Connecticut.
Based on a review of the active enforcement file for the operation of the subject solid waste facility, DEEP has concluded that violations cited by both WEED and WPED after the passage of the Clean Railroads Act of 2008 (October 16, 2008), indicate there is a longstanding and continuing pattern of noncompliance including Notice of Violation nos.:
WPED WRSW10005, issued July 6, 2010;Read 12-12-11 complete DEEP letter to Newtown Transload>
WEED WSWDS10081, issued on July 22, 2010;
WEED WSWDS110075, issued October 14, 2011; and
WPED WRSW11147, issued November 4, 2011.
12-12-11 CT of Energy and Environmental Protection letter to
Attorney Edward J. Rodriguez,
Housatonic Railroad Company, Inc.
Dear Attorney Rodriguez:.
The Department of Energy & Environmental Protection ("DEEP") has received your response to the above referenced Notice of Violation, specifically a letter to the Waste Engineering and Enforcement Division (WEED) dated November 7, 2011. DEEP has found that the response does not satisfactorily demonstrate that all of the violations cited have been corrected. DEEP remains concerned that there seems to be an impaired relationship between Housatonic Railroad Company, Inc., (HRRC) and Newtown Trload, Inc., (NT) whereas the two parties cannot ensure compliant operations nor can they agree on who is responsible to ensure compliant operations of the solid waste facility in Newtown, Connecticut.
Based on a review of the active enforcement file for the operation of the subject solid waste facility, DEEP has concluded that violations cited by WEED after the passage of the Clean Railroads Act of 2008 (October 16, 2008), indicate there is a longstanding and continuing pattern of non-compliance including
Notice of Violation nos.:
WEED WSWDS09089, issued to HRRC on September 21, 2009,
WEED WSWDS 10074, issued to HRRC on July 7, 2010,
WEED WSWDS11076, issued to HRRC on October 14, 2011,
WPED WRSW10005, issued to NT on July 6, 2010,
WEED WSWDS10081, issued to NT on July 22, 2010,
WEED WSWDS11075, issued to NT October 14, 2011, and
WPED WRSW 11147, issued to NT November 4, 2011.
Read 12-12-11 complete DEEP letter to HRRC>
Read 11-17-11 Newtown Transload complete response Re: NOV WRSW11147
Read 11-7-11 Newtown Transload complete response Re: NOV WSWDS11075
Read 11-07-11 HRRC complete response Re: NOV WSWDS11076
CT DEEP Issues Notice of Violations October 2011
READ complete DEEP Notice of Violation documents:
- Altered the design and operation of a solid waste facility without the altered plan, design, and method of operation of the facility without approval by the Commission
- Failed to post the appropriate signage at the entrance as required
- Failed to unload waste only within an enclosed structure as required
- Failed to exclude and restrict certain wastes including hazardous wastes
- Failed to maintain fire protection equipment as required
- Failed to submit monthly summaries of incoming and outgoing solid wastes from the facility as required
HRRC NOV PDF 10-14-11
Newtown Transload, LLC, NOV PDF 10-14-11
9-30-11 DEEP INSPECTION REPORT
Exerpts:
He (Mr. Wallinger) has been employed and has worked at this facility for the last one and one-half (1 ½) years. He seemed to be unsure as to his employer since his first response was NT but then indicated it was “Strategic Disposal, LLC ”. Strategic Disposal, LLC was described as another Stephen Goldblum company.
When asked what is “C&D” waste he responded “you know”.
He received on-the–job training from a former worker, who is no longer employed but could not recall his name.
Michael Wallinger: Concerning company oversight, we were told that on average, Mr. Goldblum visits the site about once every two (2) weeks. However, they do regularly communicate, via telephone, with each other every other day or so. He is unaware of any written guidance and/or company plan. At about this point he left us and went to the office trailer. He went to retrieve something, however, he returned shortly thereafter indicating that “they” do not have a written plan nor are they required to have a plan until a permit is issued. When questioned further, he indicated that he had spoken to Mr. Goldblum, via telephone, who indicated this information.
Stephen Goldblum: Mr. Glodblum (he) asked what I found and thought of his operation. I stated that I had not had an opportunity to inspect the entire facility, yet, but based on my initial observation, I thought the site is poorly run and needed attention. He stated that is not how he wants it and stated that improvements will be made. He indicated that the steel for the building is on-site and if I noticed it? I stated yes, and that I saw the three (3) recently constructed footings. He asked if there was any litter. I said I had just started my inspection but the site appeared to by clear and I did notice a litter fence to the east along the wetlands. He indicated that it seems I was unfamiliar with the site and with the background of the operation. I indicated that I had a basic knowledge of the history of the site. He indicated that “he left it (operation) to them”, that it was “hard to know” what is going on “when I am here” (twenty [20] miles away). I explained if I had questions at the end of my inspection I would inquire and we ended the conversation.
Click to read complete document, including observations
DEEP Inspection Finds Waste Violations at Railyard
Newtown Bee article 10-27-11
DEEP Cites Housatonic Railroad with Violations
Newtown Patch article 10-27-11
| August 28, 2011 - HRRC and adjacent property CLICK IMAGE FOR LARGER VIEW |
||
 |
 |
 |
| Looking eastward toward railroad dumping area | Railroad storm water runoff "control measure" | Silty storm water runoff from railroad dumping area onto adjacent property |
August 12, 2011 - 12 Rail Cars tipped over in Stockbridge. 600 ft of track damaged in train derailment
At least 12 rail cars of a 2,000 foot-long freight train tipped over after a derailment in Stockbridge Friday night. WWLP.com / 22 NEWS article and video
YouTube Video: Housatonic Railroad Derailment @Stockbridge MA
May 14, 2011 Housatonic Derailment in Canaan, CT
Photos of Housatonic Railroad Derailment - Canaan, CT
May 14, 2011
DEP Preparing Enforcement Action On Hawleyville Waste Handling
The state Department of Environmental Protection (DEP) is formulating a proposed enforcement action covering violations of state environmental protection laws stemming from solid waste handing activities at the Housatonic Railroad Company's rail terminal at 30 Hawleyville Road (Route 25).
Newtown Bee article 2.25.11
THUMBS DOWN to the continuing stalemate over who is responsible for repairing the damaged railroad track on Main Street in Danbury. Housatonic Railroad Co. owns the tracks, but officials say because the tracks cross a state highway -- Main Street is also Route 53 -- the state should make the repairs. Newstimes article 2.28.11
Rail crossing debate continues Who is Responsible? I received several responses this morning to an article that appeared in Friday’s The News-Times about Housatonic Railroad Company’s proposal to provide passenger service from Danbury north to Pittsfield, MA. While most people seem geniunely excited about the proposal, there were a few readers who wondered why the railroad, which currently uses the track north of Danbury for freight service, is proposing to expand their offerings but can’t seem to fix crossings in Danbury that are a thorn in the side of motorists. Newstimes article 2.18.11
Railway bolt afflicts town resident New Milford resident Kathleen Nugent has an unwanted souvenir -- a 5-inch bolt from the Housatonic Railroad crossing on Bridge Street. She unceremoniously received the bolt Jan. 29 while trying to avoid the growing gap between the railroad tracks at the crossing. The bolt punctured her truck's tire, leaving three inches of bolt imbedded in and two inches protruding out of the tire. Newstimes article 2.9.11
Newtown tells railroad to clean up property, while forbidding track expansion -- The Inland Wetlands Commission has given a unanimous dual ruling on the Housatonic Railroad's permit application. The ruling which was detailed in a letter to railroad officials, who did not attend the Aug. 11 meeting, allows for removal of 7,600 of the 9,500 cubic yards of fill the railroad illegally put on the property, but forbids the track extension. Newstimes article 8.19.10
IWC Issues Dual Decision In Railroad Wetlands Application Following lengthy review of the railroad's application during the past several months, IWC members decided on August 11 to approve the portion of the wetlands permit application that would have the railroad remove a large volume of earthen fill from its property, which had been placed there in violation of the wetlands regulations. The IWC, however, rejected the railroad's proposal to build some additional railroad track on its site to expand its materials-handling capabilities. Newtown Bee article 8.12.10
Newtown Inland Wetlands Commission closes Housatonic Railroad hearing -- The Inland Wetlands Commission has closed a public hearing on the Housatonic Railroad's application for a wetland permit to build a track extension and remediate violations on its site.
The commission has 35 days to make a ruling on the application or to ask for an extension of up to 65 days. Newstimes article 7.15.10
CT DEP Issues Notice of Violations
HRRC NOV PDF 7-7-10
Newtown Transload, LLC, NOV
PDF 7-6- 2010
DEP issues Newtown Transload, Housatonic Railroad notices of violation for Hawleyville Newstimes Article 7.13.10
"There were uncovered dumpsters and trash emanating from the railroad cars (which have gaping holes). Municipal Solid Waste (including paper products, dirty recyclables, decomposing food items) was observed in dumpsters and along and behind the railroad tracks. Behind the railroad tracks, I observed an erosion gully and a discharge pipe (draining storm water runoff) leading into the wetlands." - From Newtown Transload NOV, 7-6-2010
"HRRC owns the facility. We have recently contracted out the actual handling of the materials, the unloading from trucks and loading into (rail)cars to a new company called Newtown Transload, LLC and they are operating under our direction, and supervision, and our instructions, and our control, and we can get rid of them if we want to, but we've taken a group of people who are more familiar in handling waste products and able to do it in a more efficient basis instead of having our own employees do it." - Edward J. Rodriquez, Executive Vice President, and General Counsel for HRRC, 7-15-2009
 |
 |
 |
| CLICK PHOTO FOR EXTRA LARGE IMAGE Photos Courtesy Town Of Newtown, CT, Taken 7-1-2010 Housatonic Railroad Corp., 30 Hawleyville Road, Newtown, CT |
||
 |
 |
 |
 |
 |
 |
| CLICK PHOTO FOR EXTRA LARGE IMAGE Photos Courtesy Town Of Newtown, CT, Taken 6-24-2010 Housatonic Railroad Corp., 30 Hawleyville Road, Newtown, CT |
||
 |
||
| CLICK PHOTO FOR EXTRA LARGE IMAGE Photos Courtesy Town Of Newtown, CT 6-22-10 Housatonic Railroad Corp., 30 Hawleyville Road, Newtown, CT |
||
Read Newtown Bee editorial:
Legislative Common Sense
We are so used to wincing every time the Legislature convenes for a vote, that a June 8 bipartisan and unanimous vote in both chambers came as a rare relief and a pleasant surprise. State representatives and senators overturned Governor M. Jodi Rell's veto of legislation on solid waste handling designed to bring added protections to the state's aquifers from contamination by solid waste transfer stations. One result of the veto override is that the Housatonic Railroad Company's efforts to expand and intensify its solid waste transfer terminal in Hawleyville must now meet stricter environmental standards safeguarding water quality.
The new law will require that the state come up with statutory definitions of the "primary aquifers" and "secondary aquifers" referenced in the legislation, which may delay some solid waste applications, including the Housatonic Railroads application currently under review by the Department of Environmental Protection. But this kind of technical calibration of our state's environmental laws makes sense with or without this legislation.
The new law also introduces the criterion of need to the state's environmental review of those solid waste transfer stations that pose a threat to drinking water supplies. In addition to demonstrating that such a facility is environmentally viable, applicants must demonstrate that the need for it is not already being met by another facility. It prohibits the commissioner of environmental protection from approving any permit application for construction or expansion of solid waste transfer stations within 1,000 feet of a primary or secondary aquifer "until there exists a need for such additional capacity" as specified in the state's Solid Waste Management Plan.
This stipulation of need may be the ultimate undoing of the ill-advised expansion of the Housatonic Railroad Company's waste handling activities in Hawleyville. Just five miles and ten minutes from the existing waste transfer station on White Street in Danbury, the facility in Hawleyville hardly fills a need. Conversely, the railroad's proposed private facility threatens to undermine efforts by the City of Danbury, the Housatonic Resources Recovery Authority, and the US Department of Justice to secure public ownership of the White Street facility as the basis of a regional solid waste plan. From the perspective of serving the overall public interest, not only is there no demonstrable need for the Hawleyville facility, it is desperately not needed.
Legislative common sense. Bipartisanship. Decisive action. Something tells us we're not in Kansas anymore. We thank our state legislators for following the yellow brick road at least as far as this most satisfactory conclusion.
Used with permission Newtown Bee June 24, 2010
| 6-21-10 House and Senate unanimously vote to protect our water House (140-0) and Senate (36-0) UNANIMOUSLY
OVERRIDE Courant.com CapitolWatch Blog:
|
|
Responses to
Senate Bill 124 PDF veto:
Senator McKinney (R) I am disappointed by the veto, but I am still committed to working with First Selectwoman Pat Llodra, Newtown officials and the Hawleyville neighborhood to protect the town and the environment from this hazardous proposal at the train station. More...
Dr. Ruopp: To protect the environment including species (humans) that use the wetland areas it is paramount that we understand the delicate balances. Let's be pro-active — say No to expansions on or into the Pond Brook Aquifer. More... Dr. Winkler: The veto of this aquifer protection bill by Governor Rell is disappointing at best and at worst, a public health tragedy for our families, our homes, our town, our environment, and the people of Connecticut. More on Rell's veto decision... |
|
 |
First Selectman Pat Llodra (R) |
 |
Attorney General Richard Blumenthal (D) |
| Sign AG Blumenthal's petition: HOLD BP Accountable | |
|
|
6.8.2010 Governer Rell VETOS legislation that passed CT House and Senate unanimously. It would have protected Hawleyville and 19 other communities. |
|
 Governor M. Jodi Rell (R) Governor Rell's Veto PDF |
|
 2009 Newtown Labor Day Parade |
Congressman Chris Murphy (D)
|
Rell vetoes legislation that would prevent Housatonic railroad expansion
Newstimes: Gov. M. Jodi Rell vetoed legislation this week that, if passed, would prevent expansion of the Housatonic Railroad's waste transfer facility in Hawleyville. Complete article
Newtown Bee: That legislation would have required, in part, that the DEP commissioner not approve any pending request for a new solid waste facility located within 1,000 feet of a primary aquifer or a secondary aquifer, or the expansion of any such existing solid waste facility, until the "need" for such additional solid waste handling capacity is specified by the state's Solid Waste Management Plan.
Complete article
[Note: Governor Rell, Republican, will not be running for office again]
6.10.10 Newtown Transload facility. Click for larger view
While HOM 3rd graders study importance of protecting our water... Perkin Elmer representatives from Shelton visited with Head O' Meadow third grade students on Wednesday, May 26, to share information about monitoring water..."It's very important," Ms Rasmussen said, "because water impacts everything that we do. As a globe, water is, unfortunately, becoming more and more scarce, so it is really important for us to do everything we can to protect water quality throughout the world."
Newtown Bee Complete Article
Governor Rell's Veto PDF
Senate Bill 124 PDF
RAILROAD CROSSING CONDITION
6.11.10 Newstimes Thumbs Down:
Governments, railroad should stop pointing fingers and work together
There is no mistaking the jarring railroad crossings on Main Street and Wildman Street in Danbury, especially during rush hour and other times of heavy traffic. More often than not, motorists swerve around these craters in the tracks or slowly drive over them. Neither option is particularly effective. These railroad crossings have become dangerous, not to mention a daily obstacle for lines of cars waiting to navigate them.
Newstimes Article
HEAT letter to Federal Rail Authority
5.18.10 Dear Sir, This is to inform you of potential unsafe conditions at the Grade crossing at Route No.25 in Hawleyville, Connecticut.
Because of the unique terminal operations of the Housatonic Railroad just east of Route 25, the grade crossing active warning protection (creditability) for Route 25 is questioned by local residents and members of our organization. In order to illustrate this abnormality I have enclosed a DVD disc of a typical train switching movement by locomotives and attached freight cars using the switching network in an adjacent lumberyard.
Read complete letter
Inland Wetlands Commission Audio of 5.26.10 meeting
Audio Download
Town of Newtown Meeting Calendar for details
Quotes taken from HRRC Executive Summary
for RR Track Extension
and Yard Improvement, to Newtown Inland Wetlands Commission,
May 2010:
"During 2009, approximately 9,500 cubic yards of fill material was improperly deposited within the project area by a contractor to the railroad."
"Presently water generated on the building roof is not segregated from storm water deposited on the ground."
May 14, 2010 New Milford HRRC Derailment
“It’s a simple kind of insignificant event,” said Mr. Rodriguez[HRCC VP] .
Litchfield County Times - Article: Train Derails in New Milford
MSNBC - Article: Second Train Derailment in Three Days
NewsTimes - Article: Train derails at scenic road intersection in New Milford
7.14.09 to 5.14.2010
TEN Months HRRC has
FIVE Derailments/Events
SEE CHART AND PHOTOS
Railroad Files New Permit Request Newtown Bee Article 5.13.10
The Housatonic Railroad Company is proposing that almost four-fifths of the 9,500 cubic yards of earthen fill that was deposited at its 30 Hawleyville Road rail terminal in 2009 without the required prior approval from the Inland Wetlands Commission (IWC), be removed from the property as part of its plans to improve its facilities for the handling and temporary storage of construction materials.
At a May 12 IWC public hearing, Edward Rodriguez, railroad vice president, said that the railroad's current application for a wetlands protection permit is separate from an earlier request for a wetlands permit for the site submitted by Newtown Transload, LLC, which the IWC rejected in February.
Newtown Transload is a contractor for the railroad. Newtown Transload has appealed that wetlands permit rejection in Danbury Superior Court.
Pond Brook Trout Release UPDATE: changed to May 17, 2010
46 Hawleyville Road
More details - PDF
Trout Program Moving To
River Release Stage
Legislation Seeks Expanded Rules on Waste Handling
Effect on HRRC Permit Assessed
Legislation that has been approved by the state General Assembly, which is awaiting the governor's signature, apparently would make it more difficult for the Housatonic Railroad Company to accomplish its controversial proposed solid waste expansion project at its 13.3-acre Hawleyville rail terminal at 30 Hawleyville Road (Route 25). Newtown Bee Article 5.6.2010
Newtown Transload files FOI Complaint Newstimes 5.7.2010
Housatonic Railroad seeks postponement for Wetlands Permit Hearing
Newtown Bee article 4.22.10 Newstimes article 5.2.2010
Wetlands Permit Again Sought for Railroad Site
HRRC filed an application this week Newtown Bee article 3.25.10
Newtown Transload sues Newtown Inland Wetlands for Denying Permit
claims the public hearing for the permit application was fundamentally unfair, and the decision that the regulated activities proposed might adversely affect the surrounding wetlands and watercourses, is not based on credible information. Newstimes article 3.30.10
Quotes taken from the HRRC Executive Summary for RR Track Extension and Yard Improvement, May 2010:
" During 2009, approximately 9,500 cubic yards of fill material was improperly deposited within the project area by a contractor to the railroad.""Presently water generated on the building roof is not segregated from storm water deposited on the ground."
April 13, 2010 Department of Environmental Protection Site Visit Report
Cause of Railroad Shed Roof Collapse Probed The Newtown Bee 4.13.10
[HRRC] Newtown Transload's roof collapses, Connecticut DEP investigates NewsTimes article 4.9.10
30 Hawleyville Road. Inside the Pond Brook Aquifer - Adjacent to clean water, Pond Brook tributary and
Trout in the Classroom. Photo courtesy Town of Newtown
Water Washes Out Pittsfield [HRRC] Railroad Berm Neighbors along the Houstonic River near Holmes Road prevented a potential disaster on Monday when they flagged down a train before it tried to cross a water-weakened trestle. The water had washed about 30 feet of the berm away and the banks were still eroding, leaving the train tracks with their ties attached suspended above the gap. iBerkshires.com 4.7.10
Photo courtesy Berkshire Environmental Action Team
[HRRC] Freight Train Derails in Lee Berkshire Environmental Action Team, BEAT, Newsletter: BEAT is extremely concerned about potential problems with the Housatonic Railroad Company (HRRC)...
BEAT is aware of many attempts to require HRRC to stop violating state environmental law by dumping solid waste along their tracks and sometimes even into wetlands. HRRC has stated publicly that they are not subject to state or local laws. We find this total disregard of the environment unacceptable... It is disturbing that rail is seen as the environmentally friendly form of transportation, but HRRC has such an abominable environmental record.Berkshire Environmental Action Team News March 31, 2010
Downed trains back on track "It was upside down and on the river bank," said [Matt]Boardman [HRRC railroad supervisor]... repair of the 400 feet of track damaged by the crash will begin this morning and continue into Friday. ... he suspects the wet conditions were a "contributing factor."Berkshire Eagle article 4.1.10
Train Wreck Remains Seven car train derailment – one holding 22,000 gallons of ethanol. Berkshire Eagle article 3.31.10
Freight train derails in Lee Housatonic Railroad is based in Canaan, Conn. Its Berkshire line runs from Connecticut to Pittsfield, where it connects with the national rail system through CSX Transportation. Crews will begin cleaning up the scene this morning. Representatives from the state Department of Environmental Protection and Lee Fire Department are expected to be on hand. Berkshire Eagle article 3.30.10
Housatonic Train Derails: Freight Rails Significantly Damaged - 7.14.09
The Register Citizen article 7.15.09
Railroad Contractor Appeals Permit Rejection A contractor [Newtown Transload, LLC] for the Housatonic Railroad Company has filed a court appeal against the Inland Wetlands Commission (IWC) in seeking to have a judge overturn the IWC's recent rejection of a wetlands permit sought by the contractor for some controversial earthen filling which had occurred on the northern section of the railroad's 13.3-acre property at 30 Hawleyville Road (Route 25). Newtown Bee article 3.18.10
2/24/10 Inland Wetlands Commission unanimously denies permit.
NewsTimes article 2/25/10 Newtown Bee article 2/25/10
HEAT asks state to deny railroad's trash operation expansion
NewsTimes 2/2/10
The letter outlines four concerns: contamination of drinking water, change in the scope of the transfer facility's operations, storm water disposal and duplication of infrastructures. "It is the belief of HEAT members that the potential for negative externalities of contaminated water, land and air to the people and wildlife is greater than the positive externalities of financial gain by two businesses," the letter says.
Local municipalities and environmental organizations opposed to expansion
 Trout In The Classroom Pond Brook Hawleyville Release Site Per TIC: Funded by TU chapters, PTAs, local businesses, civic groups and private individuals, Trout In the Classroom (TIC) is made possible by dedicated teachers and volunteers as well as by the generosity of the Connecticut Department of Environmental Protection. |
Richard Blumenthal, Attorney General to Attorney Anne Peters, Chair, Newtown Inland Wetlands Commission
"I understand that the Newtown Inland Wetlands Commission is considering an application made by Housatonic Railroad ("the Railroad") related to the extension of a sidetrack at its Hawleyville facility. I write to reiterate my view that the Commission is not preempted from regulating the construction of this extension. I will support the Commission if it decides to enforce the provisions of its wetlands regulations." Read entire AG letter dated 1/8/2010 »
JMM Wetland Consulting Services, LLC to Town of Newtown Conservation Commission/Inland Wetlands and Watercourse Agency
To reiterate, from our analysis of the existing data, plans, reports, and based on our field visits, it is our opinion that significant adverse impacts will occur, particularly to Wetland Area 1. Read entire letter dated 1/13/2010 >
Attorney Edward J. Rodriquez, Housatonic Railroad Company to Attorney Peters, Newtown Inland Wetlands Commission. Complete 1/13/2010 letter >
| Joseph Magdol, P.E., LEP, HRP Associates, Inc. to Mr. Stephen Goldblum As you requested, this letter is a follow up to our letter-report dated December 4, 2009 regarding the testing of masonry demolition material that was stockpiled and used as till material at the Shepaug Terminal at 30 Hawleyville Road in Newtown, CT. The materials were red brick, yellow brick, and concrete, and came from a residential housing complex formerly located in Westchester County, NY. Complete 1/13/2010 letter > |
|
Jennifer, L. Beno, Biologist for Soil Science and Environmental Services, Inc. to Steve Goldblum, Newtown Transload, LLC In accordance with your request, Soil Science and Environmental Services, Inc. has prepared a planting plan for three small areas between wetlands and fill for the railroad spur extension Complete letter >1/8/2010 |
|
JMM Wetland Consulting Services, LLC to Town of Newtown Conservation Commission/Inland Wetlands and Watercourse Agency 1/7/2010 |
|
Nancy M. Murray, Biologist, Natural History Survey, State of CT, DEP 12/29/2009 |
|
Danbury readies bid for transfer station
A year ago, Mayor Mark Boughton announced a radical plan for the city -- obtain ownership of the trash transfer station on White Street and create a solid waste authority to manage it. Doing that, he said, in summary:
- would help the area by providing transparent management.
- If the city owns the station, it can guarantee it is run without favoritism.
- "The public benefits if the station is run with public meetings and public discussions," Boughton said
- The U.S. Supreme Court has ruled that municipally owned transfer stations can establish "flow control'' over the trash in an area, requiring all haulers to bring their trash to the station.
- Boughton said with flow control, the city could also direct haulers to bring their construction and demolition debris to the transfer station, rather than to another facility, such as the transfer station the Housatonic Railroad Co. owns in the Hawleyville section of Newtown.
Read R.Miller complete article at NewsTimes 12/26/2009 >
Railroad's Waste Expansion Proposal Dominated 2009 Land Use News
Among the many land use issues facing Newtown during 2009, probably the most significant and clearly the most controversial was the Housatonic Railroad Company's proposal to expand its solid waste handling operations at its rail terminal at 30 Hawleyville Road (Route 25). Read Newtown Bee 12/30/2009
12/7/2009 letter to HRRC
DEP Notice: Application is Sufficient
Read 12/7/2009 letter to HRRC
HRRC Response to CT DEP Notice of Insufficiency "This submittal is in response to your Notice of Insufficiency (NOI) letter dated October 8, 2009 for the subject permit application. HRP (Associates, Inc.) has been retained to revise the application and provide the additional information requested in your NOI letter."
Complete HRRC Revised Application 11/23/2009
Railroad Submits Data to DEP On Waste Expansion Proposal 12/10/2009 Newtown Bee Article
The Housatonic Railroad Company's controversial proposal to expand solid waste handling at its Hawleyville rail terminal at 30 Hawleyville Road would likely environmentally damage wetlands and adjacent land in that area, according to a consultant who has reviewed the railroad's wetlands protection application for the Inland Wetlands Commissin (IWC). 11/20/2009 Newtown Bee Complete PDF article
Inland Wetlands Meeting
HRRC and Newtown Transload, LLC, Wednesday, December 9, 2009
POSTPONED: November 18, 2009, 7:30 pm requests delay on review of application
31 Pecks Lane, Kendro Building, Newtown, CT
POSTPONED: October 28, 2009 at 7:30 pm requests delay on review of application
31 Pecks Lane, Kendro Building, Newtown, CT
Pat Llodra will be First Selectman
Simply stated, I agree that there is no greater charge to local government than to protect and preserve the health and safety of all residents and to vigorously oppose any activity that is inconsistent with that goal. As your first selectman, I accept responsibility for and will act on that charge.
This battle has many fronts, local, regional, state, and federal. I will use the ‘bully pulpit’ of the 1st selectman’s office to focus the fight at all those levels. Locally, the issue is prominently engaged by our land use agencies. As 1st selectman I will ensure that the issue remains at the top of the agenda for those agencies and that those personnel remain focused on the end goal....
10/24/09 See Complete Position Statement
Other comments sent to HEAT from Pat Llodra: Thanks very much for this terrific web site. It is informative, compelling, and a great model of how community activist groups may effectively and accurately communicate issues and concerns to a broader constituency. I have read all the documents and have visited the HRR location so now feel much more informed. I am struck by the immediacy of this issue as to the impact it has on the Hawleyville neighborhood. Also, I find it very compelling that we, Newtown, do not have a larger voice in this decision-making process and specifically that the railroad may be essentially exempt from our land-use policies and regulations. I am hopeful that the CTDEP will listen carefully to the many valid arguments presented by Newtown and its 'partners' HVCEO, HRRA, and Danbury. Further, let's pursue this idea of providing a greater voice for municipalities. After all, we should be able to manifest our own destiny and not be subject to agendas and motivations which abuse us while serving the needs of others.
6/29/09 Signed petition 9/15/2009.
Kevin Fitzgerald. Please include me on your mailing list. OMG! I read your articles and links. Thank you for all that HEAT has done and is doing to raise the awareness of the abuse of our land, water and of Newtown caused by the transfer center operations. I will write and call as recommended.
Kevin Fitzgerald, 8/26/09 Also, see Letter to Editor. Signed petition 9/11/09.
Ben Roberts. Please put me on your email list. Thanks, Ben Roberts, 8/26/09. Signed petition 9/10/09.
Railroad Environmentalist Acknowledges Wetlands
An environmentalist hired by Housatonic Railroad identified three areas of wetland and a Pond Brook tributary on the railroad's Hawleyville property -- where the railroad wants to expand its waste transfer facility -- in addition to a primary wetland on a neighboring site, 10/20/09 NewsTimes Full Article
U.S. Department of the Army Corp of Engineers
Army Corps: Railroad did not fill Hawleyville wetlands
"They basically showed the Army Corps the typical things (the Army deals) with were not present on the site," Sibley said. "I could look at this letter as if the Army Corps is saying it does not have jurisdiction it may default to the state and local levels."... "We appreciate the Army Corps involvement -- or in this case, noninvolvement -- but we are still proceeding with our actions that we have always been pursuing," Sibley said, "and this determination will not change those actions or pursuits." NewsTimes 2/2/2010 Full article
It was brought to our attention that work in wetlands of the United States may have occurred at your property...
10/13/09 letter to HRRC See complete letter
11/5/2009 HRRC letter of response to USACE
US Army Corps of Engineers Seeks Wetlands Data
10/22/09 Newtown Bee Full Article
Wetlands Hearing On HRR Plan Draws A Standing-Room-Only Crowd
October 15, 2009 Newtown Bee Full Article
Thank you also to Jim Roupp, Helga Roupp, George Ferguson,
and Kevin Fitzgerald for your public participation!
CT DEP sends
HRRC Notice of Insufficiency
October 8, 2009 State of CT DEP will not process the application further until issues outlined have been resolved to the satisfaction of the Commissioner.
Maximum 45 days turnaround.
See complete Notice of Insufficiency 10/15/2009 Newtown Bee Full Article
Legislative Council Opposes HRR Permit
Town of Newtown Legislative Council opposes HRR permit application and requests DEP Commissioner Amey Marella deny or significantly restrict the permit application.
October 8, 2009 Read complete letter PDF
Railroad Revises Waste Permit Request
The Housatonic Railroad Company has revised its controversial pending state application to expand its solid waste handling at its Hawleyville rail terminal, reducing the proposed volume of waste that would be handled and also omitting certain forms of waste. The railroad's revised waste-handling permit application to the state Department of Environmental Protection (DEP) comes in response to continuing opposition to expanded waste handling at the rail terminal from town officials and also from members of a citizens group. The opposition focuses on the possible adverse environmental effects of a waste expansion project.10/8/09 Newstown Bee Full Article »Complete HRRC Amended Application
 |
 |
Click pictures for larger image. |
 Area below borders neighboring property. Stakes with orange flags indicate property line. Click pictures for larger image.   |
||
 |
||
Photo courtesy DEP, see DEP visit for details |
||
.jpg)
DEP cites HRR Waste Violations
The state Department of Environmental Protection (DEP) this week issued the Housatonic Railroad Company a "notice of violation," stating that the railroad has violated environmental law on solid waste handling, based on railroad activities in Hawleyville observed by a DEP inspector on September 2.
| The DEP also sent copies of the violation notice to the related firms known as Maybrook Railroad Company; Strategic Disposal, LLC; and Newtown Transload, LLC, explained Robert Isner, who heads the DEP's waste engineering and enforcement unit. 9/24/09 Newtown Bee Full article |
HRR VP Attorney Rodriquez response to
DEP visit of
Sept 2 to
Attorney General Blumenthal:
"Housatonic Railroad received a complaint that waste material is being unloaded in an area south of the tracks. In the past some C&D material was transferred at that location. That activity was discontinued some time ago and is not part of the intended future activities at that location. Recently, a crew was at that location cleaning up some debris that should not have been there and dismantling and removing metal bins and equipment. In addition, There is a truck scale south ofthe tracks and C&D trucks sometimes go over the scale, drive to the end of the track and turn around to go to the C&D site for unloading. The only waste activities which Housatonic anticipates occurring south of the tracks in the future would be activities outside the scope of the local jurisdiction conferred by the Clean Railroads Act (ie. transfer of material in its original shipping container)."HRR VP Colin Pease response to DEP visit of Sept 2 Danbury NewsTimes:
Complete HRR letter dated 9/21/2009 PDF
"It was an experiment of a loading process," Colin Pease, the vice president of the Housatonic Railroad Co., said Monday. "We were working on different loading procedures on the bulk track, where we load and unload different kinds of materials, like wood, sand." He said entire containers of trash were lifted with a crane and put into a rail car, where the materials were dumped and the empty container removed. Lighter materials, like wood, were then put into the train cars to fill them. "The material never t"We are very conscious of doing it carefully and doing it right." ouches the ground. We did it (for) one week," Pease said. Acording to Pease, the company decided to stop mixing heavy and light materials, because "it's something we didn't approve of." NewsTimes Article Updated 9/23/09DEP issues Housatonic Railroad Notice of Violations
The Department of Environmental Protection issued the Housatonic Railroad Co. a notice of violation Monday, explaining that state inspectors saw illegal activity on the railroad's Hawleyville property during a Sept. 2 surprise inspection. "Observations or otherwise obtained information indicating that a violation of law has occurred at your property," along the "railroad track labeled 'bulk loading track,' " resulted from the inspection, wrote Robert Isner, the DEP's Waste Engineering and Enforcement Division director, in the Sept. 21 letter.
Isner then cited the railroad for building a solid waste transfer facility after July 1, 1971, that receives more than 10 cubic yards of solid waste, including construction and demolition debris, and then transfers the waste to another facility, without a DEP permit to do so. September 21, 2009 NewsTimes Full Article
 |
The Connecticut Chapter of the Sierra Club strongly opposes the Housatonic Railroad's continued unrestricted use and expansion of the wetlands property at its solid waste facility in Hawleyville, CT Received 8/25/09 Complete statement PDF |
|
 |
We request that CT DEP not permit the extension of the existing solid waste facility from the current 450 tons per day to the proposed 2,000 tons per day, and not permit the facility to process materials other than construction and demolition debris. 6/23/2009 Complete letter to DEP PDF HVCEO is a regional planning organization created by state statue and ordinances of Bethel, Bridgewater, Brookfield, Danbury, New Fairfield, New Milford, Newtown, Redding, Ridgefield, and Sherman |
|
|
I am writing on the matter of the HRRC solid waste facility and proposed expansion at 30 Hawleyville Road, Newtown, CT. I am Vice President of the Candlewood Valley Chapter of Trout Unlimited and President of the Pootatuck Watershed Association ... Additionally I have extensive experience in the waste management industry as an executive in the areas of operations, project development, business management and public policy. With this experience, as an industry professional and a local environmental leader, I vehemently oppose the continued operation and/or expansion of the HRRC waste facility. Complete 10/14/09 letter to Inland Wetlands Commission |
|
 |
Lake Lillinonah Authority appreciates your involvement in this matter. At our regularly monthly meeting on August 4th, the membership voted unanimously to support your efforts and the efforts of the Town of Newtown to halt expansion of this waste facility. Our interest comes from our charge to protect Lake Lillinonah. It is our understanding that the wetlands surrounding the railroad's facility lead to Pond Brook which empties into the lake. 8/10/09 Complete letter to AG Blumenthal | |
HRRC Ed Rodriquez at Legislative Council meeting, 7/15/09 Audio - Requires Windows Media Player |
||
August 31, 2009
New arrival in Hawleyville this week
The Housatonic Railroad has listed the "Red Giant" Hammel 950 DK as equipment that will be on-site under the Volume Reduction Planned Processing Equipment section of the permit. HRR property is surrounded by homes.
The Waste Land
8/20/09 A Newtown Bee Editorial
A tour of the Housatonic Railroad's waste transfer facility in Hawleyville this week evoked the parched images of Eliot's epic poem of universal despair. On Tuesday morning the site was dusty and desolate as industrial sites tend to be, but the tour guides, company officials, were upbeat, seeing promise in their plans to expand and upgrade the waste transfer station there. Unlike Eliot's waste land, however, there is water in Hawleyville, and that has drawn the scrutiny of state and local officials who are concerned about the environmental risks to wetlands associated with the construction and eventual operation of the facility. This week, the town issued another cease and desist order so that everyone involved could stop and think about what is happening in Hawleyville. Read Complete Editorial >>
Inland Wetlands Commission met on August 19 in response to an 8/13 town cease and desist order to stop filling that had been ignored by HRR.
See related stories in the Newtown Bee:
HRR to Halt Filling & Seek Permit
Rail Officials Try to Strike a Balance
Housatonic Railroad Reconsiders its DEP Application
Ed Rodriquez, HRR VP and legal council states: "The building was in the application to begin with," he added, "out of a belief that town residents would find it beneficial to conduct our unloading activities inside the building, so that the noise would be buffered.""We are working on a plan to continue to conduct our activities the way they have been conducted for the last six or seven years or five years, or whatever, in the building we currently occupy," Rodriquez said.
"The reason that we asked for it is because we had the right to do it before we filed an application," he said. "So we filed an application asking for anything we thought we had the right to do ... " "That turned out to be a very costly political mistake, because everyone assumed that we are going to do what we applied for."
News-Times 8/23/09 Full Article
Thank you for your support
Attorney General Blumenthal
8.19.09 letter from Richard Blumenthal, CT Attorney General, to
F. Colin Pease, VP, HRRC
8.8.09 Letter from HEAT to First Selectman, Joseph E. Borst
7.22.09 letter from Richard Blumenthal, CT Attorney General to First Selectman JBorst
Railroad voluntarily agrees to stop filling,
still arguing Newtown has no jurisdiction
Rodriguez (HRRC VP and legal council) admitted areas were filled, but said none of the fill went into wetlands...Rodriguez said he was embarrassed about the mistake, which occurred because of a miscommunication with his contractor (Strategic Disposal, LLC). "If additional work had not occurred on the property since that occurred, I don't think we'd be there tonight," Rodriguez said.
Furthermore, he only agreed to submit a permit application for the wetlands remediation if "we are not required to forfeit our legal position that we are not legally subject to the jurisdiction of the town."
"So you are reserving the right to not only appeal it, but to say we do not have jurisdiction and to subsequently ignore it?" Peters asked."I don't like your characterization of it, but essentially yes," Rodriguez said.
...the state attorney general stepped in -- backing Newtown. "Your non-compliance is a flagrant violation of state law and properly exercised municipal authority -- a violation I will not tolerate," Attorney General Richard Blumenthal wrote to the railroad.
"You must immediately comply with the law, or I will work with Newtown and the Department of Environmental Protection in taking prompt action in court to enforce the law." News Times 8/20/09 Full article