What is happening with the site known as the former Upton landfill & Upton Fuel and Construction?

The former landfill and Upton Fuel and Construction is owned by the Upton Development Group. Operating under a consent order by the State Department of Environmental Protection the UDG is completing the process to line and cap the landfill. A portion of the landfill site will be utilized by the G&U for their operations.

The former landfill currently owned by the Upton Development Group (U.D.G), is being properly capped at the expense of U.D.G. The capping is being regulated by the Department of Environmental Protection and is under the supervision of the licensed site professionals, Woodard and Curran, Environmental Consulting Engineers. The completion of the capping should take place in the summer of 2012, and DEP certification should follow within three to six months. This process known as capping will greatly improve the groundwater protection to our municipal wells from contaminants that occurred while the site was used as a landfill. The site will continue to be monitored even after completion of the capping. Future use of the site has yet to be determined. The Town will be required to contribute to this cleanup and capping upon completion of the remediation.

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1. What is the Grafton Upton Railroad?
2. Who are the present owners of the Railroad?
3. What are their plans for the rail yard located on Maple Avenue?
4. I hear that the Dana Company will be involved in the rail road in Upton. Who are they and what is their role in this operation?
5. What has the Town done to investigate the rights of the railroad?
6. Why did the Board of Selectmen decide to form a railroad fact finding committee and what is the status of that committee?
7. What are some of the definitions in federal law that is relevant to the situation in Upton?
8. What are some of the important factors to consider regarding preemption?
9. What activities are subject to local regulation and are not preempted?
10. Which agency has the authority to make a determination as to whether or not a local regulation is pre-empted?
11. What is involved in asking the Surface Transportation Board (STB) to rule on whether or not the G&U is subject to local regulation in Upton?
12. If the Town were to ask for a declaratory ruling, can the Town stop the activities of the railroad until a ruling could be given by the STB?
13. Why can’t the Planning Board retain counsel in order to file for an STB ruling?
14. What local, state and federal agencies are responsible for monitoring the railroad’s activities?
15. What is happening with the site known as the former Upton landfill & Upton Fuel and Construction?
16. What types of products does the railroad plan to bring into Upton by rail and transload onto trucks?
17. Doesn’t the Town have any say in whether or not hazardous chemicals are brought into our Town?
18. How do we know what hazardous materials are in rail cars coming into Upton?
19. Does the railroad have to provide the Town with Material Safety Data Sheets (MSDS) for the hazardous materials that are brought into Upton?
20. How long can materials that are brought into Upton by rail remain on site before they must be removed?
21. What safety precautions has the railroad installed on the site to make sure that chemical spills do not occur, or if so they are contained?
22. Should I be concerned that the railroad’s site is very close to one of the Town’s Glen Avenue well field?
23. What types of inspections have various agencies made of the G&U site?
24. I’m concerned that I haven’t been notified of blasting taking place at the railroad site given how close it is to people’s homes. What is happening and what should people do if they think their home h
25. What types of local regulations is the railroad preempted from?
26. When the railroad is fully operational, how many trains a day will be coming through Upton?
27. What type of noise can I expect will be generated from the site, and will it be confined to regular business hours or other times of day?
28. Will the railroad contribute to increased truck traffic on our roads?
29. Given the rail cart accident this summer where a car was hit on Hartford Avenue South, what is being done to ensure crossings are safe for drivers?
30. Do the Town and the railroad have an emergency response plan in case of an accident at the site?
31. What resources do the Town and the region have at its disposal to manage a chemical accident at the site?
32. If a resident notices a chemical odor at the site, to whom should they report it?
33. What are the economic benefits to having the railroad operation in Upton?
34. Is the railroad paying property taxes on their site?
35. More Questions?