| TRENTON
– Attorney General Zulima V. Farber
and Department of Environmental Protection
Commissioner Lisa P. Jackson hailed a major
environmental victory today as a judge granted
their request for an order that will halt
further operation of an unauthorized solid
waste station in Pleasantville.
Superior
Court Judge William C. Todd III issued an
injunction that will prohibit the trash
station from processing any solid waste
unless it is in full compliance with all
state laws and regulations.
Today’s
order follows Judge Todd’s ruling
on June 16 that federal laws governing railroads
and railroad facilities do not preempt state
regulation of solid waste activities in
New Jersey. The judge rejected the defendants’
assertion that its trash station is not
subject to state regulation because the
federal Interstate Commerce Commission Termination
Act of 1995 preempts state law with respect
to the facility.
Governor
Jon S. Corzine said: “This decision
represents an important victory for the
environment in New Jersey. Even companies
that characterize themselves as railroads
must comply with New Jersey's environmental
laws when disposing of solid waste.”
“This
is a huge victory for the people of New
Jersey and the environment,” said
Attorney General Farber. “The judge
has affirmed the state’s authority
to protect public health and the environment
from the hazards posed by this type of trash
facility. In this case, we can protect the
sensitive coastal zone where this facility
is located.”
“This
is the right decision. It's clear that Judge
Todd understood the interplay between the
federal Interstate Commerce Commission Termination
Act and the state's Solid Waste Management
Act,” said DEP Commissioner Jackson.
“His decision upholds New Jersey's
ability to regulate the management of solid
waste to protect human health and the environment
and to safeguard the public's right to be
heard on the location of these facilities.”
The
judge’s order
(33k
pdf) will
take effect in 45 days unless the defendants
file an appeal with the Appellate Division,
in which case it will be stayed until the
appeal is decided.
The
Attorney General filed suit in May on behalf
of the DEP seeking a preliminary injunction
and further relief against the companies
involved with the solid waste station, Southern
Railroad Company of New Jersey, SRNJ Logistics
and Magic Disposal, Inc.
The
defendants commenced construction and operation
of the solid waste station on North Franklin
Boulevard in Pleasantville in January in
spite of the City of Pleasantville’s
rejection of proposals for the station and
in clear violation of federal and state
laws and regulations governing coastal zones
as well as state solid waste laws and regulations.
Construction
of the solid waste station began within
two weeks after the state obtained a federal
court order against the companies, halting
their construction of a similar solid waste
station in the Pinelands National Reserve
in Mullica Township. The federal court in
the Mullica Township case also rejected
the defendants’ preemption argument,
declaring that the proposed solid waste
station was not a “railroad”
facility and therefore not within the scope
of preemption by the federal Interstate
Commerce Commission Termination Act of 1995.
Deputy
Attorneys General Christopher Ball and Jon
Martin are handling the case for the Attorney
General.
The
state’s complaint notes that inspections
have shown that the building constructed
at the solid waste station does not have
an adequate drainage system, dust control
system or fire suppression system, despite
its location within two feet of coastal
wetlands. This permits dust and hazardous
materials, such as asbestos, to migrate
off site through air or water, potentially
impacting the surrounding coastal zone.
The
Pleasantville trash station is within a
coastal zone covered by the New Jersey Coastal
Area Facility Review Act (“CAFRA”),
which was adopted by the state under the
federal Coastal Zone Management Act and
approved by the U.S. Secretary of Commerce.
CAFRA requires development projects in a
designated coastal zone to be in compliance
with the goals of CAFRA and the Coastal
Zone Management Act to “preserve,
protect, develop, and where possible, to
restore or enhance, the resources of the
Nation’s coastal zone for this and
succeeding generations.”
>>
Order for
Preliminary Injunction (33k pdf) plug-in
|
