Their decision, whatever it is, will require subsequent decisions by our Board of Trustees. What are the possibilities regarding next Wednesday’s decision?
Approval of the NIR application to be considered a railroad or common carrier. If the STB approves the NIR application, the Village will need to pursue whatever avenues of appeal are available. This probably means an appeal to the U. S. Secretary of Transportation.
Denial without prejudice. If the STB denies the application without prejudice, it will be because they want some further information or find some flaw in their initial application. It means NIR can apply again after amending their application without prejudice to their resulting from their first application. This has happened before in a similar situation for a Massachusetts firm.
Denial. Denial means NIR will not be considered a railroad but may not be the end of the story.
Here are some questions for all of us, especially our Trustees, to answer. Residents really need to get involved in these decisions because they all will affect us in the long run.
If the STB approves the NIR application, while an appeal is going on, can NIR begin its operations as a railroad entity?
On any of the 3 results, what additional steps can the Village take to protect itself? What are these possibilities? I have identified some in earlier letters but here they are again. This is not an exhaustive list but rather food for thought:
Another situation that may develop if the STB denies the application of NIR is that another entity, that is already a railroad, may well apply to the STB for an exemption to handle waste transfer at the site.
On a further note, a rejection of NIR as a railroad entity does not mean they won’t be operating the site. Greentree LLC, which owns the site, has a lease agreement with NIR to operate the site at least as a C & D transfer operation as Metro Enviro did in the past. In that regard, NIR is seeking licensing from the Westchester Solid Waste Commission (WSWC) and a NYSDEC transfer of Metro Enviro’s permit to them.
The WSWC is meeting on Thursday, November 17th to decide the licensing issue. The NYSDEC is processing the permit application as well and, at least in their letter appearing on the STB website, does not appear to be opposed to granting the permit.
This is a matter of critical importance to our Village. It is very important for you to be informed and involved in the decisions ahead.
— Ann Gallelli