Board approves Motiva expansion, with conditions
Many feel changes will not alleviate 'earth-shattering' noise
BY KATHY CHANG
Staff Writer

WOODBRIDGE - Even though 10 conditions were placed on Motiva Enterprises LLC's expansion plan for the rail-car rack system on its Sewaren site at the Planning Board meeting last week, no definite promises could be made to residents regarding the constant noise problem from the rail cars.

"My only concern is I've been coming to these meetings for over three years now and things haven't gotten any better, they have gotten worse," said East Avenue resident Christine DeLisi. "Our taxes keep on rising and it's hard to sit in our yards."

Residents have described the noise as the "earth-shattering noise of screeching, banging, clashing and clanging" that comes from the coupling and uncoupling of the rail cars.

The Planning Board voted 7-0 in favor of Motiva's expansion, with the 10 conditions, on July 25. Board member Philip Bujalski, who is also the township's chief health inspector, did not vote.

The conditions stemmed from Attorney Robert Goode's list of questions and recommendations for the Motiva application.

Township officials, at the request of Ward 1 Councilman Charles Kenny, hired Robert Goode, an attorney with the firm Arturi, D'Argenio and Guaglardi who specializes in interstate transport and railroad law. Goode was present at the meeting.

DeLisi, who said she understood the applicant was not Conrail, asked the board if anything could be put into writing to protect the residents; however, board attorney Marc Rogoff said there were no guarantees.

"All we know is the applicants have to abide by this [the 10 conditions]," he said. "If they are not followed, enforcement can be made; however, we cannot tell in respect to Conrail what they can and cannot do."

Sean Murphy, the operations manager at Motiva's Sewaren terminal, offered some relief to the 20 or so residents who came to the board meeting by saying that Motiva does have control over how Conrail delivers the rail cars with ethanol and takes away the empty rails cars from its site.

"We can't control what Conrail does outside of our site," he said. "But we will coordinate with the railroads in an effort to schedule deliveries and removal of rail cars to minimize disruptions to the residential neighborhood."

The property at 111 State St. is a 26.25-acre parcel of land located on the western side of State Street. The property is located in the M-2 heavy industrial zone and contains multiple buildings, tanks, rail lines and other facilities used for fuel refinery and storage.

Motiva proposes to demolish five existing buildings on the site and construct four new rail lines at grade level with a related 44,400-square-foot loading platform.

The project would accommodate the unloading of ethanol from rail cars at the facility.

Two existing buildings and an existing double rail line would remain on the site. The tract contains frontage along State Street.

Mechanical structures and facilities and operator shelters are proposed in the area of the expanded rail rack and are associated with the transfer of petroleum from the rail cars to the storage tanks.

Lighting and landscaping improvements also are proposed for the affected area.

Murphy said Motiva's intent is to expand the existing rail yard to operate more efficiently.

Currently, there are three train movements.

"With the expansion, this will eliminate the 2-to-4 a.m. train movement and have a 12-hour window until the next train movement," said Murphy.

Currently, the first train movement occurs from 8 a.m. to 10 a.m., the second train movement occurs from 5 p.m. to 8 p.m., and the last train movement occurs from 2 a.m. to 4 a.m. These movements require 20 hours.

The maximum train length that the rail yard is currently capable of handling is 40 rail-car units. While the 40-rail-car-unit train goes in, the other rail cars that extend out about a mile have to sit and wait in Port Reading or the Barber siding track.

The expanded Motiva rail yard (six tracks instead of two tracks) will be

capable of handling two entire 80- to 100-rail-car-unit trains daily, which is the preferred method of transportation of ethanol suppliers and rail carriers.

"This won't eliminate the coupling or banging, but with the expansion, it will happen less frequently," said Murphy. "The idea is to get them [cars] on our property, close the gate and pump them off."

In the 10 set conditions, Motiva says it will make their best efforts to avoid deliveries or removals of cars between 11 p.m. and 7 a.m., except for emergency situations.

Murphy agreed to keep an emergency log for every time an emergency situation would occur.

Motiva will specify to the railroads the sequence for delivery and removal of cars in an effort to minimize the number of drills and sporadic noise resulting from tank car deliveries and shipments to and from its site.

The sequence may also assist Conrail's efforts to minimize the closure time of the Woodbridge Avenue crossing and minimize the impact on the residential neighborhood.

James Rhatican, Motiva's attorney, said the plan was not perfect, but it was the best they could do to minimize and mitigate the problem on Woodbridge Avenue and the surrounding neighborhood.

The rail-car facility will remain state-of-the-art and will now include equipment that will be used to perform tank-car brake tests and inspections on the site. This system and procedure will minimize the time and adverse noise impact associated with the daily function performed by Conrail off-site and at times in the vicinity of the adjacent neighborhood.

Motiva will request the railroads to consider use of the Barber siding during delivery to removal operations when practicable during the hours set forth above in an effort to minimize impact to the Woodbridge Avenue crossing.

Motiva will attempt to coordinate with the railroads to schedule deliveries and removal of its rail cars in a reasonably predictable manner on an ongoing basis, and they will not schedule delivery of ethanol rail cars with other products.

Motiva will schedule deliveries of rail cars such that no full cars will be stored off-site. Motiva will schedule the removal of empty rail cars in an effort to minimize the likelihood of storage of Motiva's empty rail cars on the rail lines outside of Motiva's site; however, the board acknowledged that Motiva has no control over Conrail's use of its rail lines.

Motiva will not expand facilities for vehicle truck unloading of ethanol without first obtaining necessary approvals, and they will report to the township and meet as necessary on the success of efforts to minimize noise and traffic issues.

Motiva will make reasonable efforts to enhance landscaping as a buffer, particularly where physically and legally able along the northern end of the site, and they will notify the township of any changes to the substances transported by rail to the facility.