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THREATENING STATEN ISLAND'S SHORE

SCHUMER: RAHWAY ARCH PROJECT--A SERIOUS THREAT TO WESTERN STATEN ISLAND SHORELINE – COULD DISCHARGE CONTAMINATED SOIL INTO ARTHUR KILL WATERWAY; CALLS ON FEDS TO PUT THE BRAKES ON HIGHLY CONTROVERSIAL & POTENTIALLY HAZARDOUS PROJECT

As Part of Rahway Arch Project, Millions of Tons of Contaminated Soil Will Be Dumped Within a Highly Flood-Prone Location; Rahway
River Shares Waterway With Staten Island’s Arthur Kill— Making SI Vulnerable to Toxic Soil Washing Up on the West Shore In the Event of a Flood

Overlooking Proposed Project, Schumer Calls on Army Corps & EPA to Review and Reject the Project Before Rahway Arch Project Moves Forward; Urges Feds to Use Powers Under Clean Water Act That Requires Permits for Projects That Discharge Into Wetlands and Waterways

Schumer: It Makes No Sense to Build a Toxic Site Along a Flood Plain

Last week, U.S. Senator Charles E. Schumer urged the Army Corps of Engineers and the Environmental Protection Agency (EPA) to require that the proposed Rahway Arch Project go through a permit review under the Clean Water Act and ultimately reject the project during this process. New Jersey’s $15 million proposed Rahway Arch soil recycling project involves millions of tons of contaminated soil to create a 29-foot high cap over the former Cyanamid waste site. The project is located within a 100-year flood plain, and the Rahway River feeds into Staten Island’s Arthur Kill waterway.

Section 404 of the Clean Water Act allows EPA and Army Corps to regulate the discharge of dredged and fill material into waters of the United States, including wetlands. The proposed Rahway Arch project will truck in and disperse millions of tons of chemically-contaminated soil to a location that is a wetland, adjacent to a waterway and within a flood plain. Schumer will urge the Army Corps of Engineers and the EPA to make it abundantly clear that these permits are necessary, and – once submitted –use their regulatory power to reject this project, as it obviously poses serious risks to the environment and public health in Staten Island and New Jersey.

“It simply makes no sense to build a potentially toxic site along a flood plain that shares its waterways with residential communities, “said Schumer. “After Sandy, we’ve made a point of rebuilding smarter and better than before. This project does not meet that standard. It raises major red flags and that’s why we must make sure of two things. First, being that this site is prone to flooding, the Army Corps and EPA should require permits before the Rahway Arch project moves forward. Second, the Army Corps and EPA should carefully review the proposal, which I strongly believe will lead these agencies to reject it. With floodwater runoff, the project poses potential health and safety risks to both Staten Island’s West Shore and adjacent New Jersey communities. I will continue fighting with my partners, Assemblymembers Borelli, Titone and Cusick, against this project until we succeed.”

The Rahway Arch project will establish a chemical waste repository along the Rahway River. As part of the proposed project, 125-acres of swamp land will be covered with the Rahway River millions of tons of petroleum-contaminated soil.

The project is being built within a 100-year flood zone and was completely flooded during Superstorm Sandy. The Rahway River shares its waterway with Staten Island’s Arthur Kill. Local representatives on Staten Island, including Assemblymembers Joe Borelli and Matthew Titone, have express concern about the project’s environmental impact on West Shore communities. When flooding occurs along the Rahway River, as it did during Sandy, Staten Island may be subjected to contamination from this soil. There is a serious risk of floodwater runoff from this site impacting the Staten Island shoreline as well as the waters of the Arthur Kill, the Kill van Kull, and Raritan Bay.

Under Section 404 of the Clean Water Act, the Army Corps and EPA can regulate the discharge of dredged and fill material into waters of the United States, including wetlands. The Army Corps also has authority under Section 10 of the Rivers and Harbors Act to regulate the construction of any structure in or over any navigable water. Due to potential flooding and resulting discharge at the Rahway Arch site, Schumer today said that a thorough permitting process should be necessary before this project moves forward. So far, permits have not been submitted on behalf of the Rahway Arch project.

Schumer urged the Army Corps and the EPA to make sure those in charge of the Rahway Arch project understand that permits are needed before moving forward. Schumer also urged the agencies to not approve said permits as this project clearly raises serious environmental questions and concerns for the Staten Island community.

Schumer’s letter is below:

I write today to urge the Army Corps of Engineers (Army Corps) and the Environmental Protection Agency (EPA) to require the Rahway Arch project to go through a permit review under Section 404 of the Clean Water Act. The project, which involves dumping millions of tons of chemically contaminated soils in a flood zone is highly concerning. Army Corps and EPA must make it abundantly clear that these permits are necessary and once submitted should use their oversight ability to reject this project as it obviously poses serious risks to Staten Island.

The Rahway Arch project will establish a chemical waste repository along the Rahway River. It involves millions of tons of contaminated soil to create a 29-foot high cap over the former cyanimid waste site. As part of the proposed project, 125-acres of swamp land will be covered with the Rahway River millions of tons of petroleum-contaminated soil. The project is located within a 100-year flood plain; the Rahway River feeds into Staten Island’s Arthur Kill waterway.

I urge the Army Corps and EPA to require the project to go through a permit review under Section 404 of the Clean Water Act. Section 404 allows Army Corps and EPA to regulate the discharge of dredged and fill material into waters of the United States, including wetlands. The Army Corps also has authority under Section 10 of the Rivers and Harbors Act to regulate the construction of any structure in or over any navigable water that should be considered. The proposed Rahway Arch project will truck in and disperse millions of tons of chemically contaminated soil to a location that is a wetland, adjacent to a waterway and within a flood plain. Army Corps and EPA must make it clear that these permits are necessary before the project proceeds.

If you have any questions, please feel free to contact me directly.

Thank you.

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