PERMITS
HRRC Inland Wetland Permit Application
Dated 9/9/09
View PDF
NewtownInland Wetlands Notice of Violations - 6/4/07 & 7/24/09
HRRC Application For Construction and Operation of a Solid Waste Facility and Volume Reduction Plant Dated 4/13/09
View PDF
Supporting documents for DEP Permit available at
Newtown CH Booth Library
Main Street,
Newtown, CT
HOW TO HELP
The DEP process of reviewing the permit will take several months. In the meantime, vigilance is required on our part.
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:
Congressman Chris Murphy
(860) 223-8412
Attorney General Blumenthal
(860) 808-5318
Robert C. Isner, Director
CT DEP
Bureau of Materials Management and Compliance Assurance
Waste Engineering and Enforcement Division
79 Elm Street
Hartford, CT 06106
(860) 424-3264
Senator Chris Dodd
448 Russell Building
Washington, DC 20510
(202) 224-2823
30 Lewis Street, Suite 101
Hartford, CT 06103
800-334-5341 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.)
6.Check Back!
Visit us often. This is an ongoing concern. Send link to your friends, family, co-workers, and other concerned citizens.
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.
< Home 2
Newtown Issues Housatonic Railroad Cease & Desist Order
Inland Wetlands and Watercourses Commission Hearing
Wednesday, August 19, 2009. 7:30 p.m., 31 Peck's Lane, Newtown
An Aug. 13 inspection of the site showed that the railroad had continued its filling of the wetlands and Wetlands Enforcement issued the railroad a Cease and Desist order.
"The (notice of violation) requested that the Railroad submit a wetlands permit application prior to any additional filling activity on this site. However, the filling activity has continued without a wetlands permit," reads the certified and hand-delivered letter written by Ann Astarita, an Inlands Wetlands enforcement official.
DEP & Health Depart Visit HRR
State of CT unannounced inspection July 16, 2009 says wetlands have been filled.
Document: DEP assessment of Housatonic Railroad property
in Hawleyville says wetlands have been filled
Full article and DEP Document - News Times July 23, 2009
DEP Inspection Observation Notes
Complete DEP Memo on Observations
PDF format Photos PDF HTML Format
On the morning of July 16, 2009, Calin Tanovici (Sanitary Engineer, DEP), Laurene McEntire (Sanitary Engineer, DEP) and I (Environmental Analyst, DEP) inspected the Housatonic Railroad Company, Inc. located on 30 Hawleyville Road in Newtown (“the site”). We were accompanied by George Benson from the Town of Newtown’s Land Use and Planning Department and Steve Dahlem from the State Department of Public Health’s Asbestos Program. While on site we spoke with Rick Kowaleski and Bret Northrop from Strategic Disposal, LLC and Bob Greenwood from Shepaug Distribution Services, LLC, a handler of commodities in a separate area of the site. There was no representative from the Housatonic Railroad Company, Inc., or from Newtown Transload, LLC during the site inspection.
Note: On the current Department of Environmental Protection (“DEP”) permit application number 200901096, Housatonic Railroad Company, Inc. is listed as the applicant and Newtown Transload, LLC is listed as the operator.
While on site we spoke with Rick Kowaleski and Bret Northrop from Strategic Disposal, LLC and Bob Greenwood from Shepaug Distribution Services, LLC, a handler of commodities in a separate area of the site. There was no representative from the Housatonic Railroad Company, Inc., or from Newtown Transload, LLC during the site inspection.
Mr. Kowaleski and Mr. Northrop informed us that they have only been with Strategic Disposal, LLC for less than a month.
- There was a significant amount of dust observed prior to the storm.
- The total on-site land clearing debris observed equaled approximately one-hundred and twenty-five (125) cubic yards.
- Material was observed stored outside of the existing ninety by sixty (90x60) foot semi-enclosed area dedicated to solid waste operations.
- Approximately twenty-five percent (25%) of waste observed in the tipping area during the time of inspection consisted of recyclables and MSW [municipal solid waste].
- Mr. Kowaleski informed us that Strategic Disposal, LLC is currently not handling asbestos, but did indicate that in the future they would like to handle non-friable asbestos
- Approximately one (1) to two (2) acres of land, which closely borders and appears to encroach upon wetlands (see pictures B-20, B-29, B-30, B-32, B-34-B-36, L-12, L-13, L-15, L-19, L-20 and L-22), has been filled with material appearing to be clean fill with de minims amounts of rebar and scrap metal mixed in.
- Kowaleski asked if during the permit process, construction of the new building could in fact not take place to which Mr. Tanovici explained that “Yes”, they could not start construction of the new building until they have received the appropriate permits from the Department.
The Department (of Environmental Protection) received numerous complaints and concerns about the recent permit application received from Housatonic Railroad Company, Inc., submitted in April 2009, to expand current solid waste operations at the site.
See sidebar to voice your concerns. Call or email, see #1 Sign the petition and #2 Write & Call
OTHER RELATED NEWS ARTICLES
Regulators Inspect Railroad Site Proposed For Waste Expansion
Full article - Newtown Bee July 23, 2009
Railroad Transfer Station Stirs More Opposition
Full article - Newtown Bee July 23, 2009
State Officials Take Action to Protect Hawleyville
Full article - News Times July 22, 2009
Court Action Authorized
Town Urges State To Reject Railroad Waste Expansion
[Attorney General Richard] Blumenthal said July 15, "I think the first selectman makes a number of good points…We'll review it…We'll have to review the very significant legal issues raised by the first selectman…I think there is very impressive merit to the opposition [which is] against expansion of this [solid waste] facility."
Full article Newtown Bee 7.16.09
Newtown Council Seeks to Halt Waste Transfer Expansion
"As far as the permit application," [Housatonic Railroad Executive Vice President and representative, Ed] Rodriquez said, "I know that the question of the aquifer zone particularly was one that was reviewed by an attorney on our staff who met with the DEP people ... and the decision on how those questions were going to be answered was made with DEP staff." But representatives from the DEP said differently....
Full article The News-Times 7.16.09
Housatonic Train Derails
Freight Rails Significantly Damaged
July 14, 2009 
Two railroad boxcars, reported to be possibly carrying construction materials and wood freight, tipped over causing significant damage to the rail and rail beds. Residents of West Cornwall complain about recurring problems with tracks and Housatonic Railroad. Housatonic Railroad declines to comment.Complete story at The Register Citizen
Also reported at Hartford Courant
By the time these photos were captured on 7.16.09, about 150 - 200 feet of track and rail ties had been removed. More photos >>
©Asher Pavel Photographer
Used with permission
Derailment - West Cornwall 7.14.2009
The Housatonic Railroad Waste Transfer Station
While the DEP has yet to rule on Housatonic Railroad expansion of waste transfer station application, Strategic Disposal, LLC, the logistics provider, states on their website they are "acting on behalf of Housatonic Railroad Company, Inc., and can meet your disposal needs - 24 hours a day - 7 days a week. *Materials currently being accepted: construction and demolition debris, contaminated soils, non-friable asbestos containing materials, roofing materials, dredging materials, industrial wastes, catch basin materials, processed recyclables, processed tires."*currently approved for construction and demolition debris.
Selectman Herb Rosenthal had expressed skepticism about railroad representatives explanations. He had said he does not have confidence in the answers from the railroad's Vice President of Special Projects Colin Pease. "I don't believe what they say, frankly." Why? Mr Rosenthal said this week, "Because of my dealings with them when I was first selectman." He claims that until the 2008 act, the town had no say regarding the railroad's operations, and saw "little cooperation from them," when wetlands issue arose, for one. "I have no confidence," he said again.
Condition of Waste Transfer Operation at Housatonic Railroad - Photo taken 5.19.09
Neighbor, Catherine Winkler describes her experience with Housatonic Railroad
Let’s Not Waste Hawleyville
Catherine Winkler, PhD, MPH, RN
Currituck Road, Newtown July 8, 2009
This year marks our 25th year in Hawleyville. We moved here because it was a quiet, safe, and healthy residential area.
Today, in addition to our pond, wetlands, and woodland animals, there is a transfer station that came to Hawleyville unannounced and working below the radar for the past four years! Currently, we don't know what type of debris they store and transfer on site. But, what we do know is that they have filed for a permit to expand the transfer station. The permit for construction and operation of a solid waste facility was filed by the Housatonic Railroad Company in April 2009. They indicate in their application that the site is not located in wetlands and will not impact surface water bodies. These statements are not true. Most of this region is wetland, and the site is about 500 feet from our pond and the stream.
Complete editorial and additional editorials >>
Housatonic Railroad Position
F. Colin Pease, VP Special Projects, Housatonic Railroad says...
•the railroad has no interest in hauling loose municipal solid waste - ie, garbage - it could eventually move such waste if it is pre-packed in rail containers or in shrink-wrapped bundles. The News-Times 6.27.09
H. Rosenthal asked Mr. Pease why the HRRC made an agreement with the City of Stamford to accept that City’s shrink wrapped garbage for shipment out of the state if the railroad was not planning to take MSW. HRRA Minutes 6.18.2009
• the facility has never nor will ever accept hazardous or municipal solid waste. The News-Times 7.9.2009
Railroads are allowed to run 24 hours a day and seven days a week, but that is not how the Housatonic
Railroad Co. does business, according to Pease.
--We have normal business hours, and that's what I foresee doing in the future." However, the logistics provider, states on their website they are "acting on behalf of Housatonic Railroad Company, Inc., and can meet your disposal needs - 24 hours a day - 7 days a week.
The News-Times 7.9.2009
Fire Officials Concerned Over Railroad Waste Expansion
Cliff Beers, Hawleyville Volunteer Fire Department President: "This will change Newtown," he said of the railroad's waste expansion proposal. "We are concerned about the railroad's solid waste project and the impact it will have on Hawleyville and the environment," he said, noting the presence of an aquifer in the area.Article Link: Newtown Bee 7.2.09
"Tires have a huge potential" (permit requests over 20,000 cubic yards of various forms of tires to be stored on site), F. Colin Pease, said Friday, pointing out that old tires are now being shredded into pellets for fuel. "We want to position ourselves to reach out to that market."
The News-Times 6.27.09
Tires
Officials and Residents Opposition Continues to Grow
While railroad representative Edward Rodriguez, Executive Vice President and general counsel calls public opposition a "knee jerk" reaction, Newtown Selectmen, the Planning and Zoning Commission, the Housatonic Resource Recovery Agency, the Housatonic Valley Council of Elected Officials, State Representative Christopher Lyddy, Congressman Chris Murphy, and the town's legal counsel are among the private residents and officials standing against the transfer station's potential to expand.
Article link: Newtown Bee 7.9/09
Congressman Murphy discusses HRR plans for waste transfer facility in Hawleyville. July 6, 2009. Newtown. Murphy writes DEP in strong opposition to the proposal by the Housatonic Railroad Company
Housatonic Resources Recovery Authority (HRRA) and Housatonic Valley Council of Elected Officials (HVCEO) unanimously oppose the Housatonic Railroad Company's proposed Solid Waste Transfer Station in Hawleyville.
Article Link: Newtown Bee 6.25.09 HVCEO 6.18.09 Minutes PDF
HRRA 6.18.09 Minutes PDF
Goal and Concerns of HEAT
The goal of the Hawleyville Environmental Advocacy Team, HEAT, is to advocate for the health and safety of individuals and communities, provide clean water through the preservation of wetlands, and maintain clean air.
Some HEAT concerns include
|
|||||||||||||||||
Wetlands
Mr. Rob Sibley is the Deputy Director of Planning and Land Use, NewtownViolation #07-11 Housatonic Railroad, Hawleyville Road. Violation of filling wetlands and activities related to the operation of a solid waste transfer facility. Town of Newtown document.
Mr. Sibley distributed information and photos of a wetlands disturbance in the lumber company area in Hawleyville. The Railroad company began using the area as a solid waste transfer station using a federal loophole exempting them from all land use laws. Mr. Sibley read a violation letter he sent to the Housatonic Railroad Company dated June 4, 2007 noting a fine, asking for erosionand sedimentation controls and requesting they apply for a wetlands permit. They were given 30 days from June 23, 2007. On July 13th (45 days later), they sent a letter asking for an additional60 day extension. Mr. Sibley granted the 60-day extension and lent them the 2002
guidelines for sediment and erosion controls. Mr. Sibley received another letter on August 7th stating they would like to meet. Mr. Sibley then received an e-mail on August 29th stating that they would meet on the site to discuss the process. During the meeting, they stated they did notunderstand what was needed. They (Housatonic Railroad) then wrote a letter stating they are exempt from wetlands law and will continue to operate as they have been. Mr. Sibley will send a cease and desist letter with request for show cause hearing. If they do not show, it will then be forwarded to the Town’s attorney and the Attorney General’s office. The CEPA (Connecticut Environmental Protection Act) can also be involved with this violation as brought up by Commissioner Peters.Hawleyville Primary Recharge Map PDF
Condition of wetlands. Photo taken June 2009 More photos >>
Used with permission of The Newtown Bee