Environment DEC
From the October 2004 issue
State Enforcement Targets Quality of Water Near New York City
New York State has negotiated a consent order with the New York City Department of Environmental Protection (NYCDEP) governing their implementation of the combined sewer overflow (CSO) abatement program. CSOs are discharges of untreated sewage and industrial wastewaters that occur when wet weather flows exceed the treatment capacity of combined sewer systems or the treatment works they serve.
"It's critical that we do everything in our power to prevent any adverse impacts to water quality before they start," NYSDEC Commissioner Crotty said. "This consent order requires New York City to address facilities and practices that contribute to large amounts of pollution entering surrounding waters. Implementation of the programs contained in this order will vastly improve water quality."
NYCDEP discharges untreated sewage and stormwater runoff from approximately 460 CSO outfalls during wet weather events. These discharges cause serious water quality standard violations in confined embayments, and have a significant impact on the overall quality of the waters in and around New York City. DEC's Priority Water Bodies List states that CSOs are one of the leading causes of water quality problems in and around the city, and several of those water bodies are on the "impaired waters" list.
1992 Consent Order
As a result of violations of the city's 1988 State Pollutant Discharge Elimination System (SPDES) permits, and to settle issues brought about by parties in a 1989 adjudicatory hearing regarding these SPDES permits, DEC and NYCDEP entered into a consent order in 1992. The 1992 order requires NYCDEP to develop and implement a CSO abatement program to eliminate the contravention of water quality standards attributable to CSOs. The order also contains compliance schedules for the planning, design and construction of numerous CSO projects.
The agreement includes
improving the flushing tunnel
for the Gowanus Canal
located in Brooklyn
2004 Consent Order
To date, NYCDEP has incurred numerous violations of the 1992 order milestones. The 2004 consent order addresses these violations by requiring each of the following: compliance schedules with enforceable milestones based on current projects; payable penalties of $1.5 million; $2 million to fund projects that will benefit receiving waters; funding of independent environmental monitors to assist in DEC oversight of the order, and development of a long-term control plan (LTCP) as required by the 1994 USEPA CSO Control Policy.
The 2004 order requires planning, design, and construction of over 30 city-wide projects, including: off-line retention tanks; sewer separation; flushing tunnels; vortex concentrators; throttling facilities, and numerous other projects designed to optimize the operation of the sewer collection system, pumping stations, and treatment plants during wet weather. When fully constructed, the estimated capital cost of these projects will be in excess of $ 2.2 billion.
The CSO abatement program required in the 2004 order improves upon the 1992 order by increasing the amount of wet weather flow being treated. The 2004 order requires projects that provide treatment for 75.5 percent of wet weather flow, an improvement over the 70.2 percent wet weather treatment required by the 1992 order. Other benefits of the 2004 order include improved water quality and control of floatable material discharged from CSOs. The parties maintain that the proposed settlement resolves points raised by intervening parties in the ongoing adjudicatory hearing concerning NYCDEP's SPDES permits.
Memorandum of Agreement
In addition, DEC and NYCDEP propose to enter into a memorandum of agreement (MOA) governing submission, review and approval of waterbody/watershed reports required under the 2004 order. Waterbody/watershed reports are an essential element of the LTCP that will evaluate water quality impacts that remain after the CSO abatement projects are implemented and determine whether additional cost-effective CSO control measures are available to comply with water quality standards.
CSO Abatement Program
The CSO abatement program required under the 2004 ACO and the accompanying MOA commit more funds and achieve greater environmental benefit through improved wet weather capture and system performance than was required under the 1992 order. The abatement projects along with comprehensive monitoring and waterbody/watershed reports and LTCP conform to the 1994 USEPA CSO Control Policy.
Prior to execution by DEC, the 2004 order was made available for public comment for 30 days until October 8, 2004. DEC will assess any comments and make any modifications to the order prior to executing it. Hard copies of the order are available at the following DEC offices: Office of the Director of the Bureau of Water Compliance, Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3506, or Mr. Robert Elburn, P.E., NYSDEC, Region 2, 47-40 21st Street, Long Island City, NY 11101.
Additional information about the consent order between New York State and NYCDEP is available via DEC's Environmental Notice Bulletin.
