LAUTENBERG, STATE & LOCAL LEADERS
ANNOUNCE NEW LAW & ACTIONS
TO CLEAN UP RAIL WASTE SITES

PATERSON, N.J. – U.S. Sen. Frank R. Lautenberg (D-NJ) today joined Paterson Mayor Joey Torres, Paterson Office of Emergency Management Director Glen Brown and a representative from the New Jersey Department of Environmental Protection (NJDEP) to announce the enactment of a one-year provision allowing states and localities to force cleanup of solid waste processing facilities along rail lines.

These waste facilities have avoided regulation for many years by using a loophole in federal law.  The legislation closing this loophole was incorporated into the FY 2008 Omnibus Appropriations bill, which was signed into law by the President last month.

“Our backyards should not become junkyards for industry.  Our towns and cities need to be able to protect their communities from fire hazards and pollution caused by waste on rail sites,” said Sen. Lautenberg.  “I am proud to open the door for New Jersey to clean up this waste.”

New Jersey has been blocked by courts and federal agencies from enforcing its environmental protections at 16 current and proposed rail waste transfer sites in the state.  Garbage piles at these sites can reach two stories high and pose a serious health and environmental risk for those who live near these sites in New Jersey and nationwide.  States will now be able to better regulate these rail facilities to protect against the fire hazards, groundwater contamination, air pollution and debris found in communities near these sights.

The Lautenberg law will require the federal Surface Transportation Board (STB) to effectively get permission from New Jersey before approving any new facility or declaring any existing rail waste facility lawful to operate in the state.  It applies to any STB permit issued through September 2008.

The STB announced yesterday that it will comply with the Lautenberg law and not grant authority to any operator of a rail waste facility without the state’s approval.  And on Tuesday, the NJDEP notified operators that it will enforce the public health, safety and environmental standards under Sen. Lautenberg’s provision.

Sen. Lautenberg also has a bill, the Clean Railroads Act of 2007, to make state regulation of these sites permanent.  This bill has been approved by a key Senate Committee on which Sen. Lautenberg sits and has been passed by the House of Representatives.  The bi-partisan measure is co-sponsored by eight senators, including Sen. Robert Menendez (D-NJ).  The chief sponsor of the companion legislation in the House of Representatives is Rep. Frank Pallone (D-NJ-06).

Sen. Lautenberg serves as Chairman of the Senate Commerce Committee’s subcommittee on Surface Transportation.  The Senator’s subcommittee has jurisdiction over railroad issues and oversees the confirmation of STB Commissioners.

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