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Environmental Justice T ask Force

Petition for the Borough of Roselle, nj

· Commissioner Bradley M. Campbell, Department of Environmental Protection

· Commissioner Clifton R. Lacy, M.D.,

Department of Health and Senior Services Office of Counsel to the Governor

James Gee

Agriculture

Human Services

Deputy Chief of Staff

John Hart

Deputy Chief of Staff Law & Public Safety

Monique Purcell

Community Affairs

Director, Div. Of Agricultural & Natural Resources

Larry Stanley

Assistant Attorney General NJ Economic Development Authority

Dale Caldwell

Education

Deputy Commissioner

Maureen Hassett

Assistant Director Transportation

Dwight Pfennig

Chief of Staff

Dennis Keck

Assistant Commissioner

Environmental Justice Task Force Petition for Roselle, NJ page 1

I. All 2004 Cycle 1 petitions are due (postmarked) by November 15, 2004.

Sent via CERTIFIED MAIL USPS on November 15, 2004. NJDEP Environmental Justice Task Force Office of the Commissioner P.O. Box 402 Trenton, NJ 08625-0402 Copies enclosed for Environmental Justice Task Force Appointees Chairs: · Commissioner Bradley M. Campbell, Department of Environmental Protection · Commissioner Clifton R. Lacy, M.D., Department of Health and Senior Services Members: Office of Counsel to the Governor James Gee Deputy Chief of Staff Agriculture Monique Purcell Director, Div. Of Agricultural & Natural Resources Community Affairs Dale Caldwell Deputy Commissioner Education Dwight Pfennig Chief of Staff Human Services John Hart Deputy Chief of Staff Law & Public Safety Larry Stanley Assistant Attorney General NJ Economic Development Authority Maureen Hassett Assistant Director Transportation Dennis Keck Assistant Commissioner

II.

Stakeholders submitting the Environmental Justice Petition

The Citizens of Roselle, New Jersey; a minority community.

III.

The required number of signatures

Signed petitions attached (yellow pages); documentation of more than 4,000 signatures from county residents can be made available.

Environmental Justice Task Force Petition for Roselle, NJ page 2

IV. Current contact information

Main Contact Name: Address: Affiliation: Phone: Alternate Contact Name: Address: Affiliation: Phone: Arlene Murphy 446 W 6th Avenue, Roselle, NJ 07203 resident of Roselle 908-862-3721 Richard Lenihan 446 W 6th Avenue, Roselle, NJ 07203 resident of Roselle 908-862-3721

V. The Borough of Roselle community qualifies as a disproportionately-impacted minority or low-income community under Executive Order #96.

"Recognizing the significant health implications of fine particulate pollution, such as premature death and asthma, especially for urban communities, DEP and the Department of Transportation (DOT) shall develop a coordinated strategy for reducing the public's exposure to fine particulate pollution in affected communities, particularly from diesel emissions from stationary and mobile sources."

(State of New Jersey Executive Order #96 Governor James E. McGreevey)

Also see attached documentation on Federal Executive Order 12898, President William J. Clinton ( USDOT Publication FWHA-EP-00-013). Attachment A

V. 1. Description of the area of concern addressed by this petition.

Municipality: County: Zipcode: The Borough of Roselle Union County 07203

V. 2. Demographic information about the area of concern.

Neighborhood type: Population: Air Quality: Water shed Quality: Superfund site index: Population Density: Black population: Aisian population: Hispanic population: 20,205 20 (on a scale to 100) 13 (on a scale to 100) 20 (on a scale to 100) 8,048.4 (approx. 8 times the NJ State average) 51.32% 2.71% 17.11% Inner City

TOTAL Minority pop.

71.14%

Environmental Justice Task Force Petition for Roselle, NJ page 3

AN OVERWHELMING MINORITY

ROSELLE SCHOOL S Abraham Clark HS L. V. Moore Middle School Washington Elem School Wilday Middle School Dr. Charles Polk Elem Sch Harrison Elem School TOTALS Minority Student POPULATION AmInd 0 0 0 0 0 0 0 Asian 25 11 6 6 2 8 58 AfroAm 813 357 265 172 258 190 2055 Hisp 208 90 50 28 36 121 533 Caucas 48 19 13 11 9 16 116 Total 1094 477 334 217 305 335 2762

58 + 2055 + 533 = 2646 (95.8 percent)

Roselle Schools­ K to 12 MINORITY POPULATION

95.8%

This 95.8% figure is reflective of the growth potential of the ROSELLE BOROUGH at large, which has a MINORITY POPULATIONS* total of

* By account of the NJTPA Demographic Forecasting Model Development Project (Minutes: Sub-regional County Workshop, Essex-Middlesex-Union, March 9, 2004.) "Comment/Discussion: There was concern about undercounting the population because of the data set used. Registered payroll jobs may not capture the full gamut of the labor market. Newark and Elizabeth may be undercounted by 50,000 to 60,000 people because of this data problem."

71+%

"The illegal and undocumented immigrant population may be missing from population numbers."

Environmental Justice Task Force Petition for Roselle, NJ page 4

V. 3. Environmental Concerns in Roselle

No environmental impact study has been made regarding the reactivation of the Staten Island and Rahway Valley Railroads by Morristown and Erie Railway. The Board of Union County Freeholders approved of the reactivation without any environmental studies. Public funds have been allotted to the Morristown and Erie Railway without environmental studies. Freight trains will be allowed to transport unidentified cargo through the Borough of Roselle, and other Union County towns, without any environmental studies being done.

· Hazardous Freight

a. According to the Operating Agreement of May 9, 2002, approved by all the Freeholders and George Devaney, the County Manager, the Morristown and Erie Railway may "transport hazardous commodities or freight pursuant to federal regulation." b. When asked at numerous public meetings about the type of freight M & E will transport through Roselle, the responses were vague and non-committal. Common sense dictates that any freight line from Staten Island and Phillips Petroleum, which operates the old Bayway Refinery­ formerly Exxon and Tosco in Linden, should be questioned by residential, school and church neighbors adjacent to the line. c. The potential of Roselle becoming a residential corridor for unidentified marine cargo and containerized New York City trash coming out of Howland Hook Marine Terminal on Staten Island is a great disadvantage to a town struggling to survive economically, as well as environmentally.

· Toxic Chemicals

a. The Morristown and Erie Railway sprays strong toxic chemicals along the track to kill weeds. Residents are not warned before these chemicals are used. b. The weed killers used by the M & E Railway are forbidden by the DEP for ordinary residents to use. Residents, however, have been told by officials of the M & E Railway that Railroads have different federal standards. c. In Kenilworth, another town along the same M & E freight route, a resident was hospitalized after M & E workers sprayed toxic chemical weed killers next to his home. This story appeared on many news stations in the NY metropolitan area. d. The Operating Agreement does not include what type of freight containers will be used by the M & E Railway. The question of possible diesel exhaust pollution must be addressed before opening the line. e. Environmental Safety measures can not be put in place if the type of cargo being transported is not identified. The PA DOT rejected a truck transporting radioactive waste from Union County to a landfill in PA. They used a detector that identifies dangerous radioactive waste transported into their territory. If M & E has no County restrictions, environmental justice requires that this privately held company be accountable and liable for any dangerous cargo they transport. Regulation must be in place before reactivation begins through Roselle in February, 2005.

Environmental Justice Task Force Petition for Roselle, NJ page 5

· Creosote

a. At Union County Freeholder meetings citizens have complained about the Morristown and Erie Railway installing creosote-treated rail ties. Creosote, a known carcinogen, was placed on the Toxic Release Inventory by EPA in 1992. Creosote is a dangerous toxic substance. Not only were the citizens' petitions ignored by the Freeholders, the Morristown and Erie Railway was praised by them for saving over $250,000 on rail ties they bought because they were cheaper than the non-toxic alternatives. b. Creosote pollutes the air and ground water. Direct contact is toxic. In Roselle, where the rail replacement has been in process for more than a year, children attending three schools bordering the tracks (LV Moore Middle School, Washington Elementary School, and Roselle Catholic High School) are in danger. Many of the children walk to school along these tracks and play in school yards bordering these tracks. Also, a Girl Scout Camp is located adjacent to the tracks. (See photos enclosed showing schools, children riding bikes on the tracks and a map of the area). Attachment B 1-4 c. Studies have been done finding creosote a dangerous toxic substance (a concoction of 300 chemicals). It's sale is banned in all countries of the European Union and in many states. The NY state senate and assembly are considering bills banning the use of creosote. (See photos enclosed showing creosote-treated ties being delivered to the Roselle site by NY trucks.) c. During warm weather, residents along the tracks couldn't open their windows because of the smell. An air pollution inspector, Mr. Peter Salmon, from the Union County Department of Health, (sub-contractor for the NJDEP in this matter) visited the site and confirmed residents' fears. (Case #03-11-03-226-59) Five piles of ties near the home of the complainant were covered with blue tarps to control the strong odor. Other residents who did not complain did not get the same service from M & E. We were advised by UC Dept of Health that "only the complainant's property could be addressed." (See photos enclosed showing creosote soaked ties covered by M & E Railroad with blue plastic tarps). Attachment C 1-9

· Gas Line

The Sun Gas pipeline (same line that caused a massive explosion in Edison, March 23, 1994) runs parallel just a few feet from the tracks on the west side of Roselle. The security and integrity of this pipeline has not been tested against the possible new, heavier, longer, more frequent traffic and vibration caused by the freight trains, nor the horrific impact of a simple derailment causing such a gas line to rupture.

· Trees

On August 14. 2003, PSE&G commissioned the Nelson Tree Company to cut down healthy trees on our property, adjacent to the railroad. A PSE&G representative said that the Morristown and Erie Railway sold them the right to cut trees along the track. Union County, the owner-agent of the Right of Way, knowingly or unknowingly allowed this contractored work to proceed without a site plan, survey, or work order. They crossed our property line and other residential lines along the track.

Environmental Justice Task Force Petition for Roselle, NJ page 6 We showed officials our deed and survey that showed no easement and indicated that they cut trees well within our property line. PSE&G then did a survey after the trees were chopped down. Their survey confirmed that they trespassed onto private property. They sawed down 13 clusters of trees, a total of 17 trees. Our yard was ravaged. The mayor of our town notified the police. They came and a complaint was filed. We have lived there for almost 30 years and this NEVER HAPPENED. What necessitated it this time? This kind of stewardship of our Union County agents can be imperious, and can become Attachment D 1-2 catastrophic. (See attached photos of damaged property.) Some of the trees were replaced for us, but other residents along the tracks suffering damages did not demand the replacement, and therefore, received none.

· Drainage

The Morristown and Erie Railway, when clearing the track on the West end of Roselle, deposited old, removed, cross-ties and vegetative debris (weeds, branches, vines, etc.) into the borough-owned drainage ditch at the base of the railroad incline. This blocks the drainage from the residential properties along the line. (See e-mail communication with the County official and photo of blocked ditch enclosed.) This is no way to treat neighbors. Attachment E 1-2 Recent news accounts have indicated that NJ is fighting gangs in every county of the state. In Union County, the Borough of Roselle has had more than its share of gang incidents.

· Safety

· Reflections on Star Ledger staff writer Ron Marisico's article, 7-11-03 : "Jersey rounds up gang in high tech train heists." These freight train robberies are certainly a "high-tech twist on the Great Train Robberies" of America's past. a. We, residents of Roselle, presume the Freeholders were aware of these freight train robberies at the time they were recruiting short lines to be reactivated to do "business" through seven Union county towns. The "Conrail Boyz" gang used members of the Bloods street gang to help them with certain crimes. The first crossing in Roselle for the reactivated train is on Route 27, walking distance from the site of a Bloods' murder. b. When residents raised objections about dangerous rail shipments of chemicals and petroleum products transported through school yards, churches, a Girls' Scout camp, etc. they were told, sarcastically, that the trains will be carrying "toys." The "Conrail Boyz" gang that were arrested "robbed millions over the past decade." Their last take before their arrest was 17,496 Sony PlayStation game systems worth $5 million dollars. c. Unfortunately, Union County Freeholders did not consider the problem of the freight train robberies reported by the Star Ledger seriously. The threat of gang activity in the Linden-Roselle area was brought up and dismissed at the Freeholders' meeting on July 24, 2003. (These meetings are held across the street from Union County Court house where gang members, even then, were being held for their decade-long heisting of freight trains.)

Environmental Justice Task Force Petition for Roselle, NJ page 7 d. While the hunt was on for the "organized crime leader, racketeer and money launderer" responsible for coordinating the train heists, Union County Freeholders were recruiting a short line rail company to reactivate the freight trains through seven Union county municipalities. When asked why they recruited the Rail companies to start up their failing businesses again, they had several answers. Among the responses was for the "economic development of Union County." The gang members who rob slow-moving freights will be happy to hear about new business opportunities in Union county. e. As a result of the Freeholders' Operating Agreement with Morristown and Erie Railroad, County and State taxpayers will not only be subsidizing the railroads, but gangs. The M & E is paying $2 a year for the next 20 years to use the property. Any profits above a certain amount are designated to go into a "County Railroad account to be used exclusively for the railroad." No wonder the M & E officials are not worried about losing money from train robberies. Citizens of Roselle, Union Couunty, and the State of NJ cover any M & E losses caused by freight train heists. f. The grade level crossing on Chestnut St. severs a large portion of Roselle from the Fire Department and First Aid Ambulance Service. When Mr. Doyle of M&E was asked by Roselle officials about emergency runs, he replied, "The train always has the right of way." (See map­ attachment B-5­ and newspaper clipping, Spectator Leader, September 4, 2003.) Attachment F g. In light of the freight train tragedy in Iran, the decision to permit and fund the M & E Railway to haul undetermined freight through Roselle and other Union County towns should be reconsidered. The Iranian disaster was caused by a freight train laden with sulfur and gasoline, among other volatile substances. It killed and injured hundreds of people and destroyed homes in a sparsely populated area. Roselle's population density is 8,048­ 8 times the NJ State average.

· Economic Concerns

a. Roselle is an Urban Enterprise Zone. The M & E freight trains will be crossing at grade level in two of Roselle's business districts, Chestnut St. and Route 27 (St. George Ave). The increased traffic along these business roads adds to the safety precautions needed at these crossings. The purpose of an Urban Enterprise Zone is to help economically depressed areas. A freight train crossing at grade level in these areas seems to be diametrically opposed to this goal. b. The Union County Municipalities, where the planned reactivation will take place, have asked numerous times what economic benefits will be gained. The Freeholders, and Gordon Fuller of M & E, and M & E's lawyer give evasive answers, such as: · "We have some inquiries of businesses along the line interested in using the service." · "This is confidential information." · "Toys R Us in Union." (They have since closed.) c. Property values for homes and businesses along the freight line will be adversely affected. The tax base for Roselle will be reduced. The overall

Environmental Justice Task Force Petition for Roselle, NJ page 8 ratables will be reduced because licensed real estate appraisers are required by law to subtract value from a property near active railroad tracks. (See letter to the editor from Howard Andrews, a residential certified real estate appraiser living in Roselle.) Attachment G

· Homeland Security Issues

a. During this presidential race (Fall 2004), Democratic candidates visited port sites and marine terminals in this area of NJ and found only between 10% and 20% of containerized cargo entering the US by ship is inspected. b. M & E refuses to answer questions about the points of origin or destination of cargo they will haul through Roselle and the other Union County towns along the old Staten Island and Rahway Valley rail lines. This poses serious questions about the homeland security for all Roselle residents.

· Overall Quality of Life

a. Roselle residents received a letter from Freeholder Nicholas Scutari (currently state senator) dated March 19, 2002. He claimed that "the clearing of these lines is strictly for health and public safety reasons, not for reactivation." Mr. Scutari assured Roselle residents that, "Your Assemblyman, Neil Cohen, has met with the County Manager, as well as you municipal officials, and has testified before the Freeholder Board. He has made it absolutely clear your municipality is against any reactivation of these lines. There is no intention of starting any rail service along these lines in your community." The letter ends with an environmentally friendly promise: "As part of outreach to the municipalities, a more extensive landscaping plan will be discussed in the future." (A copy of this "Scutari letter" is enclosed, as are pictures of the "landscaping" Roselle received along the tracks in subsequent months.)

Attachment H

b. Roselle has eight grade level crossings. In August, 2003, the DOT met with Roselle officials and residents at the crossings to evaluate the possible safety hazards precipitated by M&E freights. Residents joined Roselle's police, fire and engineering departments, the State Department of Transportation, Christine Bugel, of Union County Engineer's office, and Mike Doyle from Morristown & Erie Railway. Residents were promised by Todd Hirt, of the DOT, a copy of the diagnostic report for each of the crossings and were told they would be given a time to respond. This was done for the State Route 27, only after numerous communications, requests and red tape. They were not notified of the other seven crossing reports, despite repeated requests to Mr. Paul Schneider, Supervisor of RR Engineering and Safety. (See e-mails regarding attempts to receive the diagnostic reports on the remaining crossings. December 19, 2003, February 17, 2004 and June 16, 2004.) Attachment I c. In January, 2004, safety concerns regarding the grade level crossing on Route 27 were sent to the NJ Department of Transportation by Roselle residents. (Docket No. DOT 10-2003 P). Each resident received a form letter in response to their concerns and suggestions. It stated that "the State Highway Route 27 has been found no more dangerous than any other crossing in New Jersey."

Environmental Justice Task Force Petition for Roselle, NJ page 9 Todd Hirt, the Diagnostic Team Leader, NJDOT's RR and Safety Unit, did not say the crossing was deemed safe in his letter to residents. (These letters to residents were dated October 4, 2004, arriving eight months after our January, 2004, responses to the DOT December, 2003, Diagnostic Report.) d. The M & E freight trains will be crossing at grade level in two places by Roselle Catholic High School. These crossings should be evaluated in terms of the safety of new drivers and driver education students using these crossings. Perhaps safety barriers designed to lock down railroad intersections preventing vehicles from driving through and around the barrier should be considered. During the August 21, 2003, diagnostic tour, a member of the Roselle Police Department said that "one danger at the two crossings here is that teen drivers try to beat the gates." As a result of this comment, a recommendation for more safeguards at these crossings was made. (See my Response to Diagnostic Report attached­ J-4.) The NJDOT response was sarcastic. See Page 2, 15.(4) of NJDOT letter, J-6: "Why would someone drive around lowered railroad gates?" They proceeded to quote, paragraph and verse of Title 39 NJMV Traffic Laws.

Attachment J 1-7

· According to industry statistics in 1998, there were 3,030 accidents reportable to the Federal Railroad Administration at HRCs resulting in 422 deaths. Of all the reportable accidents, approximately 74 percent were attributable to motor vehicle intrusions on railroad crossings. Of those accidents, many occurred at crossings with active warning devices such as gates, flashing lights and bells. A 74% figure does not answer Why, but certainly shows that people DO "drive around lowered railroad gates." e. From Star Ledger article, November 10, 2004, "Bill Could Derail Progress on Freight Line": "Also, with the state Department of Transportation approvals now in hand for six of the eight grade crossings in Roselle, the M & E can order the signaling equipment." (emphasis added) Attachment K As participants in the survey of all the crossings in Roselle, we have been locked out of receiving the reports and of responding accordingly. We want to know how the "process" could give M&E "approvals now in hand."

V. 4. Identify Possible Solutions

a. Abandon the "no bid" contract between the County of Union and the Morristown and Erie Railway. b. Afford the citizens of the Borough of Roselle the same consideration as will be given the citizens of other towns along the same line being reactivated by the Morristown and Erie Railway. (See November 10, 2004 Star Ledger article, "Bill Could Derail Progress on Freight Lines.") Excerpts from Star Ledger article: · "Plans to revitalize rail freight service on the Rahway Valley Line could be stalled under an Assembly bill (AJR-105) calling for a moratorium on state funding."

Environmental Justice Task Force Petition for Roselle, NJ page 10 · "Utilizing $7.2 million from the state transportation bond fund, Union County contracted with the M & E to rebuild the Rahway Valley and Staten Island rail lines. (Roselle is on the Staten Island RR line). · "Regular freight service on the Staten Island line will probably start in February.' he said." (Gordon Fuller of M & E) The Environmental Task Force should check the population statistics of Roselle, where the freight trains will start regular "service" in February 2005, against the statistics of those towns that will hopefully benefit by Assembly bill AJR-105. c. Limit the frequency of the trains. d. Regulate freight shipments carried by Morristown and Erie Railway. e. Monitor cargo for toxic wastes, radioactive materials, etc. f. Recommend that radiation screening equipment be required at the loading point of these freight trains. Toxic freight should be identified before it leaves its loading area in Linden or Staten Island or wherever. g. Require manifests of the origin and destination, including points in Roselle, assuming some benefits to the municipality. (Economic benefits to Roselle have never been articulated by the Freeholders or Gordon Fuller of M & E. When Freeholders were asked repeatedly on October 28, 2004, at the Roselle NAACP Candidates' Night, they had no response.) h. Require sound barriers by schools and private residences. i. Investigate diesel exhaust pollution. j. Monitor and regulate sound pollution, especially in the area where schools and predominately residential neighborhoods exist. k. Use an neutral party to evaluate the advantages and disadvantages, the positives and negatives, the benefits and hazards that the citizens of Roselle may encounter as a result of the Morristown and Erie Railway hauling freight though the Borough. l. Study gang activity in Roselle and the potential of freight train heist opportunities along the tracks there. m. Convert the line to Rails to Trails or open space similar to what other municipalities with abandoned freight rails have done (example: Woodbridge). n. Measure the considerations given to other municipalities and businesses (eg. Planet Honda, Union) against consideration given to Roselle residents. Private deals made with executives of such businesses, must be not be tolerated unless there is a documented public process and policy open to all. Requests for information on "special arrangements" M & E made with business and/or residential neighbors along the tracks were ignored. o . Afford opportunity to members of the Task Force from different Services to address their areas of expertise.

Environmental Justice Task Force Petition for Roselle, NJ page 11

VI.

Capacity to participate in Action Plan implementation.

The Borough of Roselle initially joined with four other Union County municipalities to stop the train. Legal appeals are in process, but only from a contractual point of view. We wish to point to the significant considerations which must be given to Environmental Justice for Roselle, and our citizens. Citizens of the other towns may also be considered stakeholders and would be willing to actively participate­ willing and able to circulate flyers or information to help educate and communicate with neighbors who may have our same concerns.

VII.

Communication and information needs

The concerns in this petition are for Environmental Justice, based on the Borough of Roselle being a minority population, with a struggling economy. Previous governmental contacts are already highlighted herein.

VIII.

Current Pending Actions

The only pending action seems to be the forthcoming funding of a privately held company (M&E) by the State of New Jersey to enable freight trains to run through our towns, in non-compliance to standing Executive Orders on Environmental Justice at both the State and Federal levels.

IX.

After Submitting this Petition

As petitioners, we look forward to receiving letters acknowledging receipt of this submission. We are available to assist in any site visit by the Environmental Justice Task Force staff. We are likewise available for further hearings in order to clarify issues and answer any questions the Task Force may have.

Very Truly Yours,

Arlene Murphy

Richard Lenihan Residents of Roselle, NJ

Environmental Justice Task Force Petition for Roselle, NJ page 12

Attachments

Attachment A Documentation on Federal Executive Order 12898, President William J. Clinton ( USDOT Publication FWHA-EP-00-013) Attachment B 1-4 Schools, church, roads, children on tracks and a map of the area Attachment C 1-9 Creosote soaked ties covered by M & E Railroad with blue plastic tarps Attachment D 1-2 Photos of damaged property Attachment E 1-2 e-mail communication with County official and photo of blocked ditch Attachment F Newspaper clipping, Spectator Leader, September 4, 2003.) Attachment G Letter to the editor from Howard Andrews, certified real estate appraiser living in Roselle. Attachment H Copy of "Scutari letter" Attachment I E-mails regarding attempts to receive the diagnostic reports on the remaining crossings Attachment J 1-7 January 2004 Response to Diagnostic Report of December 2003 October 4 , 2004 Letter of Todd Hirt, DOT. Attachment K Star Ledger article, November 10, 2004, "Bill Could Derail Progress on Freight Line"

Attachment B 1

Non-rush hour traffic at St. Georges Av crossing, a main route between Elizabeth, Rahway, and Linden.

Non-rush hour traffic at crossing of Chestnut St., Roselles main business area street.

The Resurrection Temple Church, Roselle.

(Photographed from the Route 27 roadway)

The Pine Street Crossing by Roselle Catholic HS and the Westwood Condos, which are behind the trees at left.

This is the West 9th Avenue crossing showing the proximity of the tracks to L. V. Moore Middle School and playing fields.

This is the footpath entrance to Roselle Catholic HS parking lot. Tracks run the length of the property, along school building, playing fields and parking lot.

The highlighted area is the footpath used by children going to and from the Washington School playing fields. Tracks run the length of Washington School property.

Above: On July 3, 2003, at 8:51 AM, work traffic is halted by a delivery of crossties at the Amsterdam Avenue grade crossing. Below: The tracks between Pine St. and Amsterdam Ave. are currently used by children and are bordered by a Girl Scout camp and a family of deer.

Being Delivered July 3, 2003, by Trucks from New York

Creosote Rail Ties

Mid November, 2003 Only five piles of the new ties have been covered since the report of strong odors to the NJ DEP on Nov. 3. The vast majority remain uncovered. Covering took place after Union County Health Dept contacted M&E.

Most creosoted ties remain uncovered through this residential area of Roselle. The high winds unwrapped the few stacks which had been tarped.

The "fugitive emissions" from the creosote causes "burning eyes" and "coughing," even with exposure of short duration when people live about 50 feet from the stacks.

These are ties which have been removed from the railbed and replaced with the new creosoted ties. This is now toxic debris which requires special disposal. How long will it stay "stored" at the Pine St grade crossing In Roselle?

This stacking of creosote ties, at the least, is an attractive nuisance.

This close-up of the creosote ties shows the density of the creosote coal tars applied to each tie. It oozes. Note also that these particular ties are positioned in such a way as to "hang over" the earthen railbed, unsupported by any ground beneath them.

This debris is next to Roselle Catholic HS, at he 9th Avenue grade crossing.

This debris sits a few feet from the sidewalk where children walk to and from L.V. Moore School shown in the background.

More truckloads of cross ties have been depositied at South and Lincoln Avenues at the beginning of November.

Just across the street from this abundance of ties and odors and toxic "drifts" is the Rainbow Academy in Cranford.

Trains may be the least of our problems.

Aftermath of "pruning" by sub-contractors to lessee of Union County.

rty pe o Pr e in L

Attachment D-1 Photos of damaged property

Attachment E-2

August 23, 2003 M & E vehicle clearing track. (Roselle Borough storm drainage ditch blocked by cut trees and debris removed from track.)

ATTACHMENT J-1 January 2004 Response to Diagnostic Report of December 2003 October 4, 2004 Letter of Todd Hirt, DOT Memorandum of Record Docket No. DOT 10-2003 P St. Georges Avenue (State Highway Route 27)

Diagnostic DOT Report: Concerns, Questions and Recommendations

In Response to Diagnostic Team Findings:

1. (page 2) · Does ultimate liability for the safety at this crossing (Rt. 27) belong to the NJ Department of Transportation, OR owners of the property, Union County, receiver of the right-of-way OR the Morristown Erie Railway, the company leasing it for $2.00 a year? · It is our understanding and belief that the NJ DOT has "required" the County to rehabilitate the rail line, not only "granted the right of entry," as this report states. (Source: Union County Board of Freeholders) 2. (page 2) · As a "third party operator," what is Morristown & Erie Railway's liability for the safety at this crossing? 3. (page 3) · What does the NJ DOT's "jurisdiction" encompass regarding this Rt. 27 rail crossing? 4. (page 3) · It is our understanding and belief that these warning devices are not only in "disrepair" but are damaged and non-functional. 5. (page 3) · St. George Avenue (Rt. 27) is not only composed of commercial properties, as this report indicates. Numerous residential apartment buildings, a trailer park of residences, houses of worship, pre-schools and a school used by the Roselle Public School District (Shim Academy) also constitute this area. This was not accurately stated in this segment of the report. It must be factored into the safety requirements. · Due to the bend in the road, and the line of vision for drivers, better than the "normal street lighting," mentioned in the report, is needed here. 6. (page 3) · The acute angle formed by the obtuse angle, mentioned in the report, creates a hazardous approach for drivers coming in the opposite direction. Warning signs, with automatic activation, should be placed several blocks before the approach to the RR crossing. (See attached photos: Attachment A) · The approach grades are not quite level and are need of repair.

ATTACHMENT J-2 7. (page 3) · The northwest quadrant also has a very active house of worship, Resurrection Temple. This was not noted in the report or taken into consideration. A safety barrier between Resurrection Temple and the bordering freight rails and crossing is needed. Warning signs should be posted on the safety barrier. 8. (page 3) · According to signed agreements that M & E Railway has with Union County, the information on these points in this report are inaccurate. · The report indicates that only "1 freight train per day in both directions" is anticipated. According to all printed material issued by the Union County Board of Freeholders this is not accurate. The number of trains, once the freight line is reactivated, cannot be regulated by County officials. · According to this report, "the anticipated commodities are plastic pellets and paper." This statement is vague and deceptive. Union County has not restricted the type of freight that will be hauled by M & E. Gordon Fuller, M & E's CEO has enumerated possibilities of "trash" from Elizabeth, cargo from ports, etc. · This "Diagnostic Report" was issued by the "Safety Unit" of the NJ DOT. Safety measures can not be put in place if the type of cargo being transported is not identified. The PA DOT rejected a truck transporting radioactive waste from Union County to a landfill in PA. (See Attachment B.) They used a detector that identifies dangerous radioactive waste transported into their territory. If M & E has no County restrictions, NJ DOT should provide a means to insure that freight this privately held company transports is not dangerous to the lives of the citizens in the 8 Union County towns it will be crossing. · It is recommended that radiation screening equipment be required at the loading point of these freight trains. Toxic freight should also be able to be identified before it leaves its loading area in Linden. · It seems that in the time between the NJ DOT's safety assessment visit to the Rt. 27 RR crossing 8-21-03 and the time of the date of the diagnostic report dated 12-9-03, there should have been an actual ADT volume count rather than an estimated one. · The Rt. 27 crossing is near several schools, including School # 5 in Linden, Polk School and Shim Academy in Roselle as well as several private Day Care and Nursery schools in both towns. Due to this proximity, a more realistic on site assessment of "school bus traffic and school children walking across the crossing" must be done and addressed in terms of safety requirements. 10. (page 3) · The distance and visibility range of these "advanced warning signs" already "present on St. Georges Ave." should be measured and evaluated by the NJ DOT. T · This point in the report simply states the existence of such signs. This safety procedure should not be omitted.

ATTACHMENT J-3 11. (page 3) · The sight distances between a vehicle and the railroad warning devices must be measured and evaluated for safety purposes. Obstructions mentioned here must be remedied. The sight distance southbound must also be measured and evaluated for safety purposes. This is a measurable, calculable risk factor and simply "eyeballing" the distance is not acceptable in making adjustments for the safety of all. 12. (page 4) · "The sight distances between a vehicle and a train on approach to the crossing" mentioned here must also be measured. Only after a safety assessment can remediation be made to limit the risks posed by the presence of buildings and the roadway curvature. 13. (page 4) · The sight distances (east and west) mentioned here must also be measured. "Clear" and "limited" do not accurately assess this situation for a driver or a pedestrian approaching a crossing nor does it provide remedies for the visual handicap caused by the "vegetation" and the "angle of the intersection." 14. (page 4) · How did Union County (as in taxpayers) become responsible for "all railroad advanced pavement markings, stop bars, dynamic envelope lines, and advance warning signs that are required along the rail lines"?

4. (page 4) · Minimally, four gates are necessary here to prevent "by passing." · To provide for maximum safety, however, Integrated Security Systems, Inc. offers railroad safety barriers that have successfully passed independent laboratory car and truck crash tests and are approved by the U.S. Department of Transportation Federal Highway Administration. The two new barriers are the VT-6800 and VT-6802-HD which are designed to lock down railroad intersections preventing vehicles from driving through and around the barrier. · According to industry statistics in 1998, there were 3,030 accidents reportable to the Federal Railroad Administration at HRCs resulting in 422 deaths. Of all the reportable accidents, approximately 74 percent were attributable to motor vehicle intrusions on railroad crossings. Of those accidents, many occurred at crossings with active warning devices such as gates, flashing lights and bells. 7. (page 4) · Will this "No right turn" sign apply at all times or only when a train is approaching and crossing? 8. (page 4) · How is this 30 seconds warning time determined? Is this sufficient time? How reliable of a signal is this?

Response to Recommendations of the Diagnostic Team (page 4)

ATTACHMENT J-4 18. (page 5) · Work began in Roselle on July 3, 2003, with the deposit of creosoted rail ties at several grade crossings. What "work" shall the County of Union and the Morristown & Erie Railway "notify the Department's Railroad Engineering and Safety Unit in writing when work is to begin..."? Does such a written document exist? What is the date?

Additional Safety Recommendations:

1. That a wall or safety barrier be erected between the freight rails and all of the three schools that share boundaries with the railroad: Washington Elementary School, LV Moore Middle School and Roselle Catholic Regional (Archdiocese of Newark). 2. That warning signs be posted on the safety barriers recommended. 3. That the two grade level crossings by Roselle Catholic High School be evaluated in terms of the safety of new drivers and driver education students using these crossings. Perhaps safety barriers designed to lock down railroad intersections preventing vehicles from driving through and around the barrier should be considered. In August, 2003, when this evaluation was made, safety officials from Roselle made a brief oral presentation to the DOT's Diagnostic Team about these crossings. They described previous safety problems at these crossings due to students trying to race the train from one crossing to the next.

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