A battle between the state and operators of rail “transload” facilities that handle garbage has spilled onto New Jersey’s front pages in recent weeks, giving a black eye to the rail freight industry at a time when the Garden State needs to build up its rail infrastructure.

On July 25, Acting Governor Codey unveiled the state’s newest attempt to urge rail freight operators to comply with state law.  “Operation Safety Net” is a multi-agency enforcement initiative that went right after rail transfer stations operated by NY Susquehanna & Western Railway in Hudson County.  By the end of the week, the Department of Environmental Protection, Department of Community Affairs, and State Police had issued NYS&W over $2.5 million in fines for alleged environmental and safety violations.

Rail officials at NYS&W and other waste transfer stations have claimed that federal legislation, drafted in the early 1800’s, exempts these operations from state legislation and have now sued the state over the issuance of the fines.  However, every challenge and every violation of state laws leads to more headlines and may be painting railroads as  villains at a time when transportation trends need  them as one of the good guys.

With 50% growth in truck traffic expected in the next 15 years, New Jersey will need a robust rail freight system to stem traffic congestion, local impacts and highway damage.  There are already significant obstacles to expanding rail operations in New Jersey. It would be a pity for the railroads themselves to inflame skeptical public sentiment and add to these hurdles.

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