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At its May 28, 2019 general meeting, the Gowanus Canal Community Advisory Group passed the following resolution calling for greater coordination between the New York City Department of City Planning and the New York City Department of Environmental Protection to address additional loading of contaminated CSO solids that may result from the proposed rezoning of Gowanus, in order to protect the Superfund Remedy.

The resolution, addressed to City Planning Director Marisa Lago and NYCDEP Commissioner Vincent Sapienza, reads as follows:

Resolved, as the proposed Gowanus neighborhood rezoning could impact the Superfund process and remedy through increased loading of contaminated CSO solids in the Canal, the Gowanus CAG hereby requests that the Department of City Planning (NYCDCP) and Department of Environmental Protection (NYCDEP) work closely together to coordinate mitigation of negative impacts. To ensure agency compliance, we further request regular updates on coordination efforts by providing written answers to questions unaddressed at the March 26 [2019] general CAG meeting (below) and responding to our comments on the impacts of the Gowanus Neighborhood Rezoning and Related Actions.

Questions from March 26 CAG Meeting:

  1. Will the proposed increase in density as a result of the rezoning impact the annual volume and frequency of CSO contaminated solids discharged into the Gowanus Canal and throughout the East River and New York Harbor?
  2. How will the timeline and phasing of eventual construction projects as a result of the rezoning impact and overlap with Superfund clean-up efforts?
  3. In order to accurately assess the impact of the proposed rezoning on the Superfund Remedy, will DEP calculate CSO discharge volume and frequency by each CSO-shed, incorporate data from real-time water quality monitoring and data collection, and model impact based on both Projected and Potential development sites in the Gowanus Draft Scope of Work?
  4. Can DEP commit to providing a current and ongoing publicly accessible record of infrastructure upgrades and system improvements as well as a mechanism for tracking proposed mitigation measures identified in the Final Environmental Impact Statement for the Gowanus rezoning?
  5. There have been several infrastructure upgrades that include direct discharge of treated stormwater into the Canal. Their performance needs to be proven in pilot projects, in order to adequately support the Superfund remedy. At the general CAG meeting on March 26, 2019, DEP made a commitment to reporting on monitoring results for Sponge Park and the High-Level Storm Sewer. What is the timeline for these monitoring programs, and when will the CAG have access to the results?
  6. The Superfund Record of Decision specifically requires that new development mitigate additional sewer loads that could compromise the Superfund remedy (p. iii, par. 4). Which City agency(ies) or PRP(s) will be responsible for ensuring compliance with this, or will it be passed to the private developer, as was the case with 363-365 Bond? If so, how will the developer be monitored for compliance?
  7. The Superfund Record of Decision specifically requires that CSO retention tanks are sized to “accommodate projected additional loads to the combined sewer system that result from current and future residential development, as well as periods of high rainfall, including future rainfall increases that may result from climate change” (p. 8, par. 5). How will added density impact plans for the CSO infrastructure required under the Superfund ROD?

You can download a copy of the full resolution here: Gowanus CAG Resolution_DEP DCP Coordination_5.28.19.

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