Gowanus Canal Community Advisory Group Petitions NYS DEC to Reclassify Gowanus Canal Surface Waters to Fishable and Swimmable

At its September 24, 2024 general meeting, the Gowanus Canal Community Advisory Group passed the following resolution, initiated by the Water Quality/Technical Committee, petitioning the New York State Department of Environmental Conservation to reclassify the Gowanus Canal’s surface waters, currently designated Class-SD, to Class-SC, meaning the waters shall be suitable for fish, shellfish and wildlife propagation and survival, as well as primary and secondary contact recreation.

The resolution reads as follows:

Resolved: The Gowanus CAG resolves that the attached comments regarding reclassification of surface waters in New York will be submitted as set forth below. The CAG’s petition seeks reclassification of the surface waters of the Gowanus Canal to Class-SC (fishable, swimmable).

Background: The Department of Environmental Conservation will accept petitions for reclassification of surface waters in New York and the deadline for comments is November 4, 2024. We propose to submit the attached comments on this website: dec.ny.gov/chemical/125879.html and within this page, use the link for reclassification petition and we will email jason.fegal@dec.ny.gov.

In response to the Advanced Notice of Proposed Rule-Making (ANPRM) in the New York State Register on May 8, 2024, the Gowanus Superfund Community Advisory Group (CAG) hereby petitions that the water of the Gowanus Canal be reclassified from its current industrial standard, which is designated Class-SD to Class-SC, primary contact recreation criteria (fishable-swimmable). Class-SD only mandates a minimal level of dissolved oxygen be maintained in the waters, but places no limit to levels of pathogens present in the waterway. As the Gowanus area has been re-zoned to a residential area, the Gowanus waters should reflect that change and be safe for both residents and wildlife.

The ANPRM solicits public input toward NYSDEC’s Triennial Review of Water Quality Standards (WQS). Clean Water Act (CWA) Section 303(c) and 40 CFR 131.20 include requirements for states to perform a formal regulatory review of WQS every three years, known as the Triennial Review. The Triennial Review is an opportunity for the Department to integrate the best available science and methods into WQS to protect the waters of the State. Regulations subject to Triennial Review are any that direct the water quality standards, waterbody classification, and anti-degradation policies and actions of the State. The effort may result in amendments to water quality standards found in 6 NYCRR Parts 700-706.

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Missed our September 2024 General Meeting? You can review video of the meeting here.

If you were unable to join us on Zoom for our September 2024 general meeting, you can view the video recording of the meeting below.

For our July 2024 meeting, you can view the video recording of the meeting on EPA Region 2’s Zoom page. Enter the passcode 10340836 to access the video.

And for recordings of the rest of our general meetings since April, 2020, please visit our Vimeo page at vimeo.com/showcase/gowanuscag and click on any of the videos to view the meeting video.

Minutes of the September 16, 2024 Meeting of the Gowanus Canal CAG’s Outreach Committee

Attendees: Alex Gregor, Lisa Bowstead, Joan Salome-Rodriguez, Andrew Bates, Emily Ruby, Aaron Kaufman

Lisa summarized what transpired at the meeting with Jo Anne Simon’s rep, Talia Hoch, and with Shahana Hanif’s rep, Mia Perez.  

Mia is taking the lead on setting up a meeting with all the relevant agencies to address the Nevins Street neighbor’s concerns.

Mia felt strongly the questions should be in her hands in writing so the agencies can prepare.

Emily said that City Council Member Lincoln Restler set up a task force to meet quarterly in Greenpoint.  We have a task force but quarterly is not the most effective in terms of what our neighbors are dealing with.

Joan shared Dan Goldman’s response with his “one-pagers” with all the phone numbers and names which is NOT what we want. We want ONE number of ONE person who can coordinate an agency response. NOT what Valentina is doing when she responds by saying “call so and so.”  So and so should be responding without the necessity of a second call by the community.

We worked on the Google doc attached below with the questions Mia proposed so we can get back to her and get the meeting set up.

Andrew is working on the table of resolutions in a different application. Pointed him to the website to check it against what I included in the original Excel document and suggested we should have a tab for OTHER COMMUNICATIONS and agency responses to resolutions and letters should be accessible with the resolutions and letters.

Action Items:

  • Lisa to clean up the document to finalize and send to Mia.
  • Will turn it into a letter and demand date and location since the Outreach Committee already suggested a number of locations that could be useful.
  • Lisa will ask that Senator Gounardes, Congressman Goldman, Senator Schumer, Public Advocate Jumaane Williams & Assemblymember Simon’s offices all be invited along with DEC, EPA, DOH, DEP.

Minutes of the September 10, 2024 Meeting of the Gowanus Canal CAG Land Use Committee

Attendees:  (listed in order of appearance)

CAG Members: Andrea Parker, Hildegaard Link, Erica Eliason, Peter Reich, Linda LaViolette, Joan Salome-Rodriguez, Susan Yung, Lisa Bowstead, Louis Kleinman

Guests: Brian Carr, Alex Gregor, Oscar Fock, Terri Thomson, Aaron Kaufman

Here’s a link to the video recording of the meeting: https://drive.google.com/drive/folders/1-tVj203tQ1gliRFYINLCmkXwDKJfrJ3f

Briefly, the committee discussed the following (please listen to the recording for more info):

  • Nevins Street air monitoring program done by NYC DEP and currently being reviewed by EPA
  • Community Meeting being organized by our elected officials and several CAG members with the expectation that all the governmental agencies responsible for work being done in the neighborhood attend.
  • Who’s enforcing EPA’s Upland Remediation Guidelines.
  • The status of National Grid’s Dispute Resolution of their work at the former Citizens MGP site and also the status of Parcel 4.

Please note: The Committee has decided to move its October meeting to the second Tuesday of the month (October 8th) so everyone can attend. 

Minutes of the September 9, 2024 Meeting of the Gowanus Canal CAG’s Water Quality/Technical Committee

Attendees:  Joan Salome-Rodriguez, Terri Thompson, Richard Lawrence, Susan Yung, Aaron Kaufman, Erica Eliason, Linda LaViolette, Corinne Brenner.

Agenda was simple – review the petition to reclassify the waters of the Gowanus from SD to SC (fishable/swimmable).

We went over the document word for word and Joan then sent a complete version to the full CAG for review prior to the next General Meeting on September 24 so the CAG can vote on the resolution to send the petition to the DEC.

Next meeting – the committee will begin a new resolution (again) seeking a hydrology study and holistic approach to the sources and migration of pollution in the Gowanus area.

Request whether DEC is requiring access-and-egress ladders from the canal or some other method for rescue if necessary.

Corinne is reaching out to FloodNet to see if they can give a presentation to the committee.

Action Items:

  • Linda to look for prior hydrology study requests
  • Outreach to Flood Net
  • Draft letter inquiry re ladders
  • Send resolution to full CAG (done right after the meeting).

Minutes of the August 5, 2024 Meeting of the Gowanus Canal CAG’s Water Quality/Technical Committee

Attendees: Joan Salome-Rodriguez, Erica Eliason, Emily Ruby, Marlene Donnelly, Eymund Diegel, Aaron Kaufman, Katia Kelly, Richard Lawrence, Susan Yung

The Committee discussed the following:

1. Aaron Kaufman alerted us to the closure of a sewage outflow (unlicensed) at the 3rd Street Bridge (south side) on the Gowanus Canal.  Appears it comes out of the concrete mixing facility. Marlene alerted Aaron that he should contact NYC DOT because part of that area belongs to DOT. Also showed Aaron the documents attached below for consideration of whether the President Street outflow poses a problem. Shared those documents in a follow up email to Aaron tonight.

2. Update on responses to the two letters sent by the Water Quality/Technical Committee

US Geological Survey – Has a 5 year contract with the New York City Department of Environmental Protection and is doing reconnaissance to find its own water caps in all five boroughs. It is starting in southern Queens. Their rep said Lincoln Place and 6th Avenue is their nearest cap, but they will use DEP caps as well. Asked him to keep Gowanus in mind because we have huge flooding issues and huge development going on. He said he would do so. Eymund reported there are caps at Carroll and Nevins and Union and Nevins.  

New York City Department of Environmental Protection Long-Term Control Plan – Received a response.  No changes are anticipated or contemplated to the LTCP.

3. Edits to comments to the New York State Department of Environmental Conservation regarding reclassification of Gowanus – We went over the entire petition. Emily at Riverkeeper is going to fact-check one paragraph. It will be shared again to the entire committee once complete and then to the entire CAG for approval of a resolution to submit the petition to DEC. Key change is to ask for Class SC.

https://docs.google.com/document/d/1MGD8utC1u-K2-qDn8CtkZ6-eN17-19l1

4. The latest report of the Citizen’s water-quality testing for summer 2024, for the committee to consider. Marlene pulled out the results for the Gowanus and Red Hook sites for those who prefer a data chart focused on our area: 

https://docs.google.com/spreadsheets/d/1lugHqKn2GoD4aHiE21ciu5fan-DJ7MTojumJR8XAowo

Note that the data for rainfall each day of each week is given at the top of each week’s test results. 

5. Shared report of $2 billion going to upgrade sewers near Owl’s Head Pollution Control Plant. 

Missed our July 2024 General Meeting? You can review video of the meeting on EPA Region 2’s Zoom page.

If you were unable to join us on Zoom for our July 2024 general meeting, you can view the video recording of the meeting on EPA Region 2’s Zoom page. Enter the passcode 10340836 to access the video.

For recordings of the rest of our general meetings since April, 2020, please visit our Vimeo page at vimeo.com/showcase/gowanuscag and click on any of the videos to view the recording of the meeting.

Minutes of the August 8, 2024 Meeting of the Gowanus Canal CAG Administrative Committee

The Gowanus Canal Community Advisory Group’s Admin Committee met via zoom on August 8, 2024.

Attendees:

Jerry Armer
Louis Kleinman
Katia Kelly

* Joan Salome-Rodriguez was unable to log in due to technical difficulties, but was briefed by Katia immediately afterward.

Rita Miller of CORD and alternate Maryann Young are currently on a leave of absence.

The Admin Committee reviewed two recent CAG membership applications. The applicants are:

Christian Schilhab for 420 Carroll Apartment Community, and Ayo Shanti for World Water Hub.

The Admin Committee issued the following opinion:

It was decided to send Ayo Shanti’s application to the full CAG for an interview and subsequent vote at the next general meeting.

It was also decided that Katia would contact Christian Schilhab on behalf of the Committee to ask for a clarification on his application.

The committee also briefly spoke about the need for a new membership survey and considered the possibility of October for a survey. 

July 23, 2024 Update from EPA Region 2 on the Status of Work In and Around the Gowanus Canal

In-Canal Update

  • Supplemental dredging near the flushing tunnel to remove recently deposited debris and for grout placement between the armor mats is ongoing.
    • Work began on May 9th and is anticipated to be completed in the next day or two.
    • The flushing tunnel is tentatively scheduled to be reactivated for 24 hours this Wednesday, July 24th, to improve visibility for the diving team to inspect the flushing tunnel. In addition, to ensure that the material that has been placed in the canal near the flushing tunnel is not disturbed when the flushing tunnel is turned on, the temporary start up and shutdown will allow an inspection to determine if that is the case (the inspections cannot be performed while the flushing tunnel is on).
    • The flushing tunnel will be shut down for approximately one week to allow for final inspections, gravel placement, and NAPL monitoring. If there are no issues identified, the flushing tunnel will be permanently reactivated at the end of next week or the beginning of the week of August 5th.
  • Carroll Street Bridge
    • Draft design for repair work was submitted by NYCDOT on June 30th for review by the Trust.
    • Final design is expected later this summer.
  • RTA 2 Construction
    • Began on June 20th with the probing of bulkheads to check for potential obstructions.
    • Bulkhead design completion and coordination with property owners is ongoing.
      • Bulkhead support construction will begin in September.
    • Access dredging is currently underway in the 7th Street turning basin.

CSO Retention Tank Update

Red Hook Tank

  • Perimeter wall is approximately 98% complete
    • 114 of 116 panels have been excavated and concreted as of July 19th (see attached figure).
    • Excavation work is anticipated to be completed by the end of this week.
    • Personnel will continue to use the current work schedule 6am to 2am, Monday through Friday.
      • CAMP monitoring will continue and results posted to the NYCDEP website daily.
    • Next phase of work, full tank excavation, anticipated to begin in fall 2024.
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