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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.

"The department now has to look at other remedies to get the violations corrected," Robert Isner, director of the state agency's Bureau of Materials Management and Compliance Assurance, said Friday.

The department is expected to issue its final decision within the next week or so, having set a deadline of Dec. 23 on which property owner, Housatonic Railroad, and solid waste transfer station operator Newtown Transload, were to have submitted final documentation on the matter, officials said.

While the facility appears to have halted operation, the work stoppage was not due to an order from the DEEP, Isner said

"There's no directive from the department," he said. "That's not something the department has ordered."

State officials sent a terse letter to Housatonic Railroad and Newtown Transload last week expressing their dissatisfaction with operations at 30 Hawleyville Road, specifically citing four notices of violations issued during the past two years and little movement to correct those problems.

"DEEP has additionally concluded we have reached a point of impasse on the negotiations of the proposed consent order with Housatonic Railroad and Newtown Transload," Isner wrote in a letter sent last week to representatives of both companies. "At this point, the DEEP will be assessing other remedies as needed and appropriate to resolve this matter."

Isner said Friday no decision has been made on what those "other remedies" would be, and that it may be a week or more before a final determination has been made.

He declined to talk about what would likely occur in this case because the matter was pending, but Isner said typically, the agency has several steps available to it. One would be to reach a consent order – although that option would be unlikely in the face of an "impasse," officials said – and other possibilities would be to issue a cease-and-desist order, refer the matter to the Attorney General's office or deny the pending permit altogether.

In the case of the later, a denial of the permit would likely lead to the permanent demise of the property for use as a solid waste transfer site, officials have said.

Residents and town and state officials have complained about the property for years, specifically citing violations in bringing in and carting away demolition debris and general operations at the site. Recently, DEEP appeared to have concurred with residents and local officials, issuing notices of violation to the railroad and Newtown Transload.

Months later, many of those issues remain unresolved, and no one appears to be taking responsibility for compliance, state officials said.

"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," officials wrote in last week's letter.

Isner said the relationship between property owner and plant operator appeared broken, which was allowing the violations to persist.

"There is a pattern of practice," he said.

While the town has some regulatory authority over wetlands on the property, particularly the Land Use department, the state, namely the DEEP, has jurisdiction over the railroad.

In October, the DEEP cited the railroad and its operators with failing to unload waste within an enclosed structure, failing to exclude hazardous materials and other restricted materials, failing to maintain fire protection equipment and failing to post appropriate signs and monthly summaries.

Related Topics: Hawleyville Transfer Station, Housatonic Railroad, and Newtown Transload

Alex Tytler

7:26 am on Saturday, December 24, 2011

One more CT business bites the dust.

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Catherine

12:05 pm on Sunday, December 25, 2011

What a wonderful Christmas present! So many have worked so hard to stop the illegal polutting of land and water in Hawleyville and now the end is in sight. This is a testimonial to those (residents and town leaders) who (against daunting odds) believed their efforts could make a difference. Thank you all!

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Edward Baclawski

8:04 pm on Monday, December 26, 2011

Yeah right. The liberal Government of Connecticut forcing more business away.

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Catherine

10:23 pm on Monday, December 26, 2011

Yeah to stopping ANY business (or ANYone) from illegal,unsafe and harmful activies! This business did not have the required permits and was issued multiple notices of violations and should not be allowed to operate until compliance is met. No one is above the law.

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Bodie

10:45 am on Tuesday, December 27, 2011

Business ..............you have got to be kidding? They were polluting the aqua fir ........ya know the water your children drink? Killing the fish in Pond Brook.......Did you ever look at what they were dumping there?

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Alex Tytler

11:40 am on Tuesday, December 27, 2011

Waste removal is a business. If you make it hard enough to do within the law, I promise you it will happen around the law. Dig a hole, waste goes in hole, cover it up, leave state=brand new brownfield super fund site.

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Paul Alexander

11:54 am on Tuesday, December 27, 2011

No one seems too concerned with the OLD dump on Rt 34. You know, just west of the high school on the north side of the road that everyone threw everything in during the 60's and early 70's. I saw and entire general aviation aircraft dumped in there once. who knows whats percolating under that bit of fill.

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Bodie

12:38 pm on Tuesday, December 27, 2011

You do know which transfer station we are talking about? The one on the railroad that sits on top of the Pond Brook River. They filled in the stream with toxic waste? I think you are letting your anger at government cloud your sense of reason. Take a trip to the site and see for yourself the mess. Then take a deep breath and think it over with less anger.

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