Reed Unveils Bill to Protect Communities in Pawtucket and Cumberland from Unregulated Waste Facilities Along Rail Lines
Reed Unveils Bill to Protect Communities in Pawtucket and Cumberland from Unregulated Waste Facilities Along Rail Lines
In an effort to protect Rhode Islanders living near railroads, U.S. Senator Jack Reed (D-RI) joined with Senators Frank R. Lautenberg (D-NJ), Robert Menendez (D-NJ), and Ted Kennedy (D-MA) in introducing legislation to clarify that Rhode Island and other states can regulate the processing of solid waste on rail facilities for environmental, health, and safety reasons. The bill would close a loophole in federal law that several companies sought to exploit to build unregulated solid waste facilities in Pawtucket and Cumberland. Under the legislation, facilities that store solid waste until it can be loaded onto railcars for shipment to landfills would be required to meet state environmental regulations.
Recently, several companies in Rhode Island and other states attempted to use federal preemption provisions in the Interstate Commerce Commission Termination Act to gain exemption from state and local environmental laws and permitting processes. This loophole allowed some companies in the northeast to build unregulated waste transfer stations near residential communities.
"Unregulated solid waste facilities can pose serious health and environmental risks to people who live nearby. Rhode Island has strong environmental and zoning laws already on the books to protect our citizens' health and quality of life. This bill simply states that corporations must obey state and local environmental laws," said Reed. "We will not allow transfer businesses to turn our rail facilities into unregulated garbage dumps."
In 2004, a company calling itself the Rhode Island and Western Railroad filed a notice of exemption under 49 CFR 1150.31 to lease and operate approximately 1.43 miles of track for a demolition debris truck/rail transfer facility in Pawtucket; however, the company withdrew its petition and stated its intention to re-file in the future. In Cumberland, two companies, Coastal Recycling and Fleet Construction, are considering the development of transfer facilities that will connect by rail spur to the Providence-Wooster railroad.
Individual states have tried to impose regulations on the trash transfer facilities, but on February 21, 2007, a federal judge ruled against the states, effectively allowing the waste industry to continue this dangerous practice.
"This legislation is clear: waste facilities located near railroads need to comply with the same standards as every other waste site," said Reed, who serves on the Banking subcommittee that oversees mass transit programs.
http://reed.senate.gov/newsroom/details.cfm?id=270243