SWANA Joins Coalition To Stop Unregulated Waste Facilities
Association Opposes Unregulated Facilities At Rail Yards
Silver Spring, MD The Solid Waste Association of North America (SWANA) has recently joined a coalition of 10 municipal associations and trade groups New Jersey local governments in a request to the Federal Surface Transportation Board (STB) to rule against allowing unregulated waste facilities at rail yards to continue disregarding state and local environmental laws. The case involves an open-air waste handling site along a railroad in North Bergen, New Jersey that is exploiting Federal transportation regulations to operate without permits from the New Jersey Department of Environmental Protection (NJDEP). Without these permits, state and local environment and health officials are unable to fully enforce regulations and rules to protect the public health and environment.
"SWANA's mission is to ‘Advance the practice of environmentally and economically sound management of municipal solid waste in North America,'" stated SWANA Executive Director and CEO, John Skinner, Ph.D. "The actions being taken to avoid environmental and health regulations are clearly contrary to that mission and SWANA strongly opposes their continuation."
Several of these unregulated facilities have begun operating along rail lines in northern New Jersey in an attempt to evade state and local permits under the claim that the facilities are no subject to state and environmental regulations since rail operations are regulated by the STB, a division of the Department of Transportation, not the NJDEP. The Declaratory Order filed Thursday, October 28, 2005, asserts that the waste facilities are not integral to railroad operations and therefore do not enjoy the federal preemption afforded general railroad operations.
"This is an obvious attempt to bypass the permit and regulation process and can endanger the environment and the general health of the public and SWANA is pleased to join the coalition in combating these actions," added Skinner.
A ruling from the STB is expected in five to seven months.
SOURCE: SWANA