"Stop Providing Cover For City" Community Tells NYS DEC At Gowanus CAG Meeting

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Gary Kline, Jeff Myers, Robert Schick and James Tierney of NYS DEC

James Tierney, Assistant Commissioner for Water Resources for DEC

Gary Kline of DEC

Jeff Myers of DEC

Assemblywoman Joan Millman and State Senator Daniel Squadron

CAG Member Steven Miller

Josh Verlun, CAG member and Legal Council for Riverkeeper

At last night's meeting between representatives of New York State's Department Of Environmental Conservation (DEC) and members of  US Environmental Protection Agency's Gowanus Canal Superfund Community Advisory Group (CAG) at PS 32, the discussion centered mostly on the State’s role in the enforcement of Clean Water Act requirements to eliminate Combined Sewage Overflow from the canal and how the State is coordinating with EPA’s Superfund cleanup process.

The DEC was mostly responsible for  the US Environmental Protection Agency stepping in and declaring the Gowanus Canal a Superfund site.  It is a decision that the DEC seems to stand by.

"We support the most rapid, possible removal of the toxic contaminants by dredging it from the Gowanus Canal. We want it capped and stabilized thereafter and we want it to happen soon.  There is no doubt that there is support from within DEC from Commissioner Joe Martens down," 

James Tierney, Assistant Commissioner for Water Resources for DEC, stated last night.

However,  the Superfund program is meant to only address the highly toxic material at the bottom of the historic industrial waterway,  It is not meant to address sewage.

The State has been slow to address the CSO issue in any meaningful way under the Clean Water Act.

Instead, DEC has entered into a consent order with New York City's Department Of Environmental Protection, which buys the city more time to solve the problem by implementing  a "phased approach."

The first phase is a  $150 million dollar upgrade project to the flushing tunnel and the reconstruction of the flushing tunnel that will reduce the total amount of CSO into the canal by 34%. A green infrastructure element of the plan will reduce the amount by another 9%.  

"Those are not my projections, but the City's. So take that as being the source," Tierney told an already skeptical crowd.

These percentages simply aren't high enough for many on the CAG and in the community. Even the DEC had to admit that they are 'floatable targets' and depend on rain amounts.

CAG member Steven Miller expressed the sentiment of many when he told Tierney last night that "the Clean Water Act has failed this community."  

Recently, the CAG unanimously passed a resolution calling for a 100% cessation of CSOs.

In addition, since  the CSOs have been found to be a significant contributor of harmful sediment and Superfund regulated Polycyclic aromatic hydrocarbons (PHAs) and metals to the canal,  the CAG has asked that the EPA, "under their Superfund authority, take the necessary measures that will ensure protection of the proposed Superfund remedy."

Addressing the CAG request for CSO controls as part of a Superfund remedy, Tierney stated: "Bringing those CSO levels down to zero has an enormous price tag attached to it.  It could be as high as $400 million.*  There are gigantic tanks involved." Further, he added:   "When it comes to CSOs there is a lot of interest in this by DEC, because we have never had a Superfund clean-up that incorporated a full blown CSO control plan.  Just so that you realize, that's brand new,"  Tierney insisted.  

He repeatedly talked about the high cost of retention basins and seemed to suggest strongly that if forced to spend the money, there may be legal action.

"It's unlikely that this process, particularly if it goes into dispute, would be resolved in multiple years of litigation," he added.

No doubt, DEC sensed last night that the community won't back down from getting the best, most comprehensive clean-up of the canal and that it expects DEC to step up,  to stop providing New York City's Department of Environmental Protection with cover and to start providing this community with meaningful relief from Combined Sewer Overflow (CSO). 

*Later in the meeting, DEC's Gary Kline admitted "that you can put a bracket" around that number and that its nay " a range based on the size of the facility that you are going to build."

The CAG asked the DEC to provide a breakdown of that figure.

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Gowanus Canal Community Advisory Group To Meet With NY State DEC Representatives. Public Invited

The EPA Gowanus Canal Community Advisory Group will be meeting with representatives of New York State's Department Of Environmental Conservation on December 4th, to speak about the agency's role  as it relates to the Superfund clean-up as well as the issue of Combined Sewer Overflow that continue to discharge into the canal.
Representing the DEC will be James Tierney, Robert Schick, Venetia Lannon, and Gary Kline.

Below is the meeting announcement from the CAG

The public is invited to attend a meeting of the Gowanus Canal Community Advisory Group (CAG) with senior-level officials from the NY State Department of Environmental Conservation (NYSDEC) on December 4 from 6 p.m. – 8 p.m. at PS 32, 317 Hoyt Street, Brooklyn.
Your presence at this meeting will help demonstrate the community’s strong support for a comprehensive clean-up of the canal. The CAG will be asking NYSDEC officials pointed questions about the state’s role in the enforcement of Clean Water Act requirements to eliminate sewage overflows, whether and how the state is coordinating with EPA’s Superfund cleanup process, and other issues of vital importance to a proper clean-up of the canal and protection of public health.
NYSDEC is the only agency that has the right to review and provide comments to EPA on EPA’s Superfund clean-up plan prior to its release, which is expected by the end of 2012. The CAG encourages a strong public turnout at this meeting to show NYSDEC the community’s concern that the clean-up be done right. Questions and comments will be collected from members of the public at the meeting to be answered by NYSDEC as time permits, or to be submitted for later response.

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Gowanus Canal TASK Report: An Easy-To-Understand Summary Of Major EPA Technical Documents

 

Three page report prepared by Skeo

A few months back, the EPA Gowanus Canal Community Advisory Committee (CAG) asked the Federal agency to provide funds  for Technical Assistance Services for Communities (TASC.)  The CAG felt that the community would appreciate an easy-to-understand report on the reports issued by the EPA on the Gowanus Canal to date.  The report was prepared by Skeo Solutions.

Below is an introduction to the report from the CAG:

Attached is a new report (and summary) that explains, in layperson terms, the major EPA technical documents released to date for the Gowanus Canal Superfund site: the Remedial Investigation and Feasibility Study(RI/FS). The report aims to help organizations, community groups, and individuals gain a better understanding of the RI/FS, the complexities of the site contamination, and the process that the EPA is taking to clean the canal.

The report gives an overview of the findings of the RI/FS and the Superfund process with a focus on: 1) the impacts of Combined Sewer Overflows (CSOs) and how these could be addressed through the Superfund Cleanup; 2) how water movement affects contamination in the Canal; and 3) how ecological restoration of the canal could be part of site cleanup.
The Gowanus Canal CAG requested the assistance of a technical advisor through the EPA’s Technical Assistance Services for Communities (TASC) program to review and prepare this report. Our TASC advisors, Skeo Solutions, worked with the Water Quality and Technical Committee of the CAG on the drafting of the report with the goal of creating a document that will foster greater understanding and engagement in the Superfund cleanup process throughout the community.

Please share and distribute widely to organizations, community groups, and anyone else who might benefit from this report.
The 3-page report can be accessed and printed here
A full, more comprehensive report is available here

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