Environment DEC
From the December 2008 issue
State, NYC Announce Landmark Agreement for Newtown Creek and Other Sewage Treatment Plants
All of New York City's 14 wastewater treatment plants must be brought into compliance.
New York State and New York City officials recently announced a landmark agreement that represents a crucial step forward for upgrading the city's Newtown Creek Wastewater Treatment Plant, and for ensuring compliance with environmental laws at all 14 of the city's wastewater treatments plants. The agreement also provides $10 million for community environmental benefit projects-the largest such allocation in state history.
A Collaborative Effort
The state and the city worked collaboratively to develop a forward-looking approach for addressing wastewater treatment facilities, a critical issue for public health and waterways. With the completion of the agreement, the state and city have paved the way to make fundamental changes by:
- Ensuring that the city's upgrade of the Newtown Creek plant-the largest wastewater treatment plant in the state-will continue under a strict set of deadlines.
- Committing New York City to completing a comprehensive environmental audit to ensure compliance with environmental laws at its 14 in-city sewage treatment plants and its four largest combined sewer overflow (CSO) facilities, and to identify and correct any violations discovered during this audit. This is the first time such a protocol has been established between the city and the state for the in-city wastewater treatment plants.
- Ensuring compliance by putting into escrow proceeds from a $27.4 million judgment against New York City for violations at the Newtown Creek plant. The penalty will be returned if the city meets certain construction milestones for the plant upgrade. The settlement also outlines an additional $16 million in penalties if requirements of the capital-management improvement program aren't met.
- Providing $10 million in local environmental benefits through a portfolio of projects. This is the largest Environmental Benefit Project (EBP) in the state's history.
A Sensible and Forward-looking Agreement
"This agreement will not only fix problems at the Newtown Creek plant, but also change the long-standing cycle of violations and penalties at all of the city's wastewater plants," said DEC Commissioner Pete Grannis. "This is a significant breakthrough. After years of trying, the city and state have come together and agreed on a sensible, forward-looking solution to ensure cleaner water, better compliance and healthier neighborhoods."
"This agreement is a new day in the relationship between the state and the city," said DEC General Counsel Alison Crocker. "I look forward to the more productive, efficient, and proactive relationship with the city that this agreement will bring. Protocols for a comprehensive audit, for permitting processes, and for construction management will allow our agencies to work together to prevent problems before they arise."
As part of the plan, the city will hire an independent contractor to conduct audits for the wastewater treatment plants and the CSO facilities. CSO facilities handle a mixture of stormwater and domestic waste when the flow capacity of a sewer system is overwhelmed during rainstorms. The city will correct any violations discovered during the audits, without being subject to penalties.
New York City must spend $10 million to create or improve open space, parks and waterfront access and other environmental benefit projects.
The city will fund $10 million in Environmental Benefit Projects (EBP). EBP funds will be administered through the City Parks Foundation, the New York State Energy Research and Development Authority and the Hudson River Foundation (see Related Links below). These organizations will develop a portfolio of neighborhood projects-with input from community groups in and around the Greenpoint section of Brooklyn-to install green infrastructure; create or improve open space, public parks and waterfront access; create ecological stewardship and education programs; retrofit diesel buses and trucks, and implement energy efficiency programs in low-income housing.
The terms of the settlement are subject to approval by the New York City comptroller. The complete press release from which this story was excerpted contains the remarks of several other dignitaries present at the announcement.
Special Thanks
"This plan is the result of hard work by a number of people," Commissioner Grannis said, "but I want to especially express thanks to former New York City Department of Environmental Protection Commissioner Emily Lloyd, who helped negotiate the agreement before she left office. It's an agreement that will serve the people of the state and city well into the future."
Related Links:
City Parks Foundation (leaving DEC's site)
New York State Energy Research and Development Authority (leaving DEC's site)
Hudson River Foundation (leaving DEC's site)
New York City Department of Environmental Protection (leaving DEC's site)
