Waste station foes to press for environmental study
Local reps will ask federal board to order closer look at project
BY CLARE MARIE CELANO
Staff Writer

State, county and local officials are doing what they can to keep an unregulated solid waste transfer station from becoming part of the landscape on Business Route 33 near Kozloski Road.

For the second time in a month, elected officials visited the property that is at the heart of the matter.

Their concern stems from a loophole in federal law which apparently would allow a railroad operator to place a solid waste transfer station on the property. The site is about a half-mile west of the Kozloski Road overpass in front of the Iron Mountain record keeping facility.

Present for the July 20 tour of the site were Congressman Christopher Smith (R-NJ), state Assemblywoman Jennifer Beck (R-Monmouth and Mercer), Monmouth County Freeholders Barbara McMorrow (D) and Lillian Burry (R), Larry Zaayenga, the secretary of the Monmouth County Solid Waste Advisory Council, Freehold Township Mayor Dorothy Avallone, Freehold Township Administrator Tom Antus, Freehold Township Committeeman Anthony Ammiano, Freehold Borough Council President Kevin Kane and Freehold Borough Councilman Jaye Sims.

Also in attendance were members of the grassroots group the Sludge Busters, who have been instrumental in bringing notice of the possible solid waste transfer station to the public's attention.

Smith told the group members he wanted to see the site for himself. He said he was impressed with aerial maps of the site that clearly depicted just how tremendous an impact the waste transfer station could have on the thousands of residents who live nearby.

Maps provided by Zaayenga show that the entire Iron Mountain site is surrounded by wetlands.

Smith said he was very concerned about the possibility of water contamination. He said children "will pay the price" of this potentially hazardous situation.

Under the Interstate Commerce Commission Termination Act of 1995, the federal Surface Transportation Board (STB) has exclusive jurisdiction over transportation rail carriers and the ability to grant federal pre-emption over other laws at any level - local, state or federal- that might impede such transportation.

In other words, if a solid waste transfer station is established on Route 33 under the law as it presently exists, no local or state agency will have oversight on what is brought to or taken from the facility, according to previous explanations of the law provided by Zaayenga. The Route 33 site in question contains an inactive rail spur that officials believe would be reactivated in order for the waste station to operate.

Zaayenga has been very visible in the opposition to the plan from the beginning.

In a letter to the Monmouth County Board of Freeholders, Zaayenga said the 50-acre property owned by Grems-Kirk Railway was purchased from Ralph Clayton and Sons Inc. in August 2006 for $1. According to the letter, one of the principals of Grems-Kirk Railway is also an owner of the Clayton Sand Company. Grems-Kirk is leasing 47 acres of the Route 33 property to Ashland Railroad so that Ashland Railroad may build the waste transfer station.

Sludge Busters member Annmarie Howley said the STB has indicated in other decisions that it cannot change the federal law as it applies to rail transportation property uses. Only Congress can change the law, she said the STB has determined.

A letter to the STB that was signed by Smith, Avallone and Freehold Borough Mayor Michael Wilson states that after an exhaustive review of documents submitted in the case, "we have come to the conclusion that further review must be performed by the STB to properly ensure the health and safety of the environment and nearby residents." The officials said they believe the development of the site could result in "significant wetlands disturbance" and create a "deleterious effect to the water supply in the region."

The New Jersey Department of Environmental Protection (DEP) has also written to the STB and asked the panel to reject the Notice of Exemption requested by Ashland Railroad, which also includes the lease and operation of approximately 1.5 miles of railroad track on the site.

The DEP states that it finds, "Ashland Railroad has not submitted a single reason why it should be treated as a rail carrier."

The letter also states that there is "ample reasoning for the DEP, the citizens of New Jersey and the STB to be concerned that this ill-defined operation will be inappropriately used in an attempt to shield Ashland from legitimate and essential environmental oversight by the DEP and other state and federal agencies."

The letter states that Ashland's submission appears to be "purposefully vague and confusing."

The DEP said it is being "forced to take a precautionary position and assume that solid waste will be handled at the proposed facility, but that it will be handled in the open air rather than in an enclosed building. This poses serious potential concerns."

Smith said a meeting with STB Chairman Chip Nottingham will take place within the next two weeks. The meeting, according to the congressman, will ask for a full environmental review to be undertaken by the STB's section of environmental analysis. Smith is also requesting a public hearing in Monmouth County to offer residents a chance to appeal directly before the board to express their concern.

Beck issued the following statement in regard to the issue.

"The Manasquan River and the Manasquan Reservoir provide clean water to the residents of Monmouth County. It is astonishing that Ashland Railroad is considering building a solid waste transfer station near our precious wetlands and waterways. Frankly, their application for exemption from federal environmental requirements is underhanded and shows that they do not have the community's best interest in mind. I will exhaust all options in trying to halt the construction of this waste transfer station," the assemblywoman said.