State Seeks Cleanup Of Buffalo "garbage Train" Site

Attorney General Spitzer and Department of Environmental Conservation (DEC) Commissioner Erin Crotty today announced a lawsuit against three companies that operate an illegal solid waste transfer station in Buffalo.

The state's lawsuit alleges that the companies that have transported waste to the SK Rail Yard on the south side of Buffalo are violating environmental laws and have created a public nuisance. The lawsuit seeks a court order compelling the operators of the site to remove hundreds of containers of garbage and construction debris that have been stored at the rail yard for over five months.

"It is unconscionable that the citizens of Buffalo have had to live with the odor and pest problems caused by the irresponsible actions of these three companies," Spitzer said. "With this action, the state is asking the court to compel the companies to clean up their operations immediately."

DEC Commissioner Crotty said: "Our investigation has shown that these companies acted in violation of the law. Their behavior has adversely impacted the quality of life in this region and has negatively affected the environment. The measures DEC has undertaken in conjunction with the Attorney General's Office illustrate the state's commitment to protecting the well-being of our citizens and the health of our natural resources."

The Attorney General's office and the DEC are suing the following companies: Chem-Rail Logistics, LLC; Express Inter-Modal Service; and Canadian Pacific Railway Company. The defendants began transporting waste to the rail yard in August 2002, using the yard as a holding site for household garbage and construction and demolition waste shipped from New York City and other locations. The garbage and waste materials were then transported by truck to a landfill in Niagara County. However, instead of moving the containers or the waste off the site to the landfill, the defendants have illegally stored the waste at the rail yard since December 2002.

The hundreds of containers of garbage have created severe odors, litter and other problems in the neighborhood and hundreds of local citizens have complained about the situation. It is estimated that containers at the rail yard hold 20 million to 40 million pounds of garbage.

Buffalo Mayor Anthony Masiello thanked the Attorney General's Office for acting to resolve the problem.

"I am tremendously pleased that Attorney General Spitzer has responded to my request to enforce New York's Environmental Law," Mayor Masiello said. "The residents of this city deserve immediate action."

The DEC has been seeking corrective action by the operators, who failed to comply with DEC requirements. Now the state has gone to court seeking an immediate cleanup while DEC continues to work with the owners of the facility for removal of the waste.

The lawsuit was filed today in Erie County Supreme Court. The case was handled by Assistant Attorney General Linda White, DEC Regional Counsel Abby Snyder and Assistant DEC Regional Counsel Maureen Brady.