Mobilizing the Region
Issue 304 February 12, 2001


NYC Trash Transport: Interim Trucks Roll; Lawsuits Dog Barge-to-Rail Facility


On February 5th, the New York City Department of Sanitation started exporting garbage to other states from Queens by truck, kicking off the final of five phases for shutting down Fresh Kills landfill. Under the DOS's shut down or interim plan, waste is exported from every borough by truck except the Bronx where it leaves by rail. Last year, the DOS finalized its long range plan for waste removal (MTR #268). Under that plan, due to begin in 2003, waste will be exported by rail from the Bronx and via barge from marine transfer stations located in the four other boroughs to a yet to be built barge-to-rail transfer station in Linden, NJ.

The NYC Independent Budget Office, criticized the costs of the interim plan. Following nationwide trends, exporting waste by truck is more expensive than by train - $64.81/ton vs. $54.82/ton. The IBO estimates that the city will save an additional 20% on the cost of collection if waste is brought to nearby marine transfer stations rather than being trucked to New Jersey to be loaded onto long-haul trucks there.

Other critics caution that despite the existence of a long-range plan with a cost effective transportation element, it may not be implemented. Two separate lawsuits brought against different parties involved in forwarding the Linden barge-to-rail facility planned by Browning-Ferris Industries(BFI) could stall the project beyond its anticipated three year time horizon.

Waste Management Holding, Inc., a national BFI competitor with its own waste transfer sites in New Jersey, is suing two landlords of the Linden site in federal court for breach of a non-competition contract signed with a subsidiary in 1998. Waste Management claims that Dominick Pucillo, son-in-law to Linden Mayor John Gregorio, and his brother Chester, former joint owners of a string of solid waste businesses, broke the agreement made upon the sale of two of their companies by leasing property to BFI and otherwise promoting BFI plans. Waste Management was in competition with BFI for the long-term waste-handling contract with New York City and currently holds a large volume contract with the City for waste disposal under the interim plan. The suit aims to block the lease deal which if successful could leave BFI scrambling for another site.

The second lawsuit brought jointly by the Middlesex County towns of Metuchen, Woodbridge, and Edison against the Union County Board of Freeholders seeks to overturn the Board's approval of the inclusion of the BFI facility in the Union County solid waste management plan (MTR #296). Recently filed in New Jersey superior court, the suit argues that the daily train that would pass through the three towns hauling sealed containers from the facility would unacceptably endanger residents, an impact not sufficiently considered by Union County officials (MTR #265).

Browning-Ferris Industries itself has not been implicated in either lawsuit. Executives report the company is continuing the process to obtain the necessary New Jersey Department of Environmental Protection permits. Spokespersons expressed confidence to the media that construction of the facility essential to the NYC long-term plan will go forward as expected.


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