Tell New York State DEC it's time to Cut the Crap in Gowanus Canal

Gowanus Canal

Many New York City waters are held to a water quality standard below that which EPA has determined safe for human contact. Certain water bodies, like the Gowanus Canal, are provided even less protection, allotted lower standards than others for pathogens, toxic materials, and dissolved oxygen. It’s time to take Gowanus Canal back and require water quality standards deserving of the community, congruent with clean-up efforts and the proposed development bringing new access to the waterway.

Send a letter to the DEC in support of a reclassification to bring water quality in the Gowanus up to the standards of the East River.

Instructions:

Read the sample letter (below) and add your own thoughts on why this is important to you. Personalized messages have a greater impact!

Recipients

Mark Klotz, Director Division of Water, NYS DEC

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Message

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Dear [Decision Maker],

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I am writing in support of the formal request for water reclassification or a "reclass petition" to the New York State Department of Environmental Conservation (DEC), Division of Water, Bureau of Water Assessment and Management by the Gowanus Canal Community Advisory Group.

I seek to reclassify the surface waters of the Gowanus Canal, north of Hamilton Avenue, through the State's formal rulemaking process from the current industrial designation of Class-SD to Class-I in order to apply more stringent regulatory oversight and enforcement for improved water quality.

Gowanus Canal ought be given a water classification that will be reflective of ongoing investments in water quality improvement, including the federally mandated Superfund clean-up and recent and proposed infrastructure investments; is protective of its current recreational uses which include primary and secondary contact; supports the abundance of aquatic flora and fauna living in the Canal, including substantial fish populations in a variety of life stages; and ensures public health and safety in light of a proposed rezoning that will bring new residential development requiring public access at the waterfront.

The existing classification of Class-SD only supports a best use of fishing; is not suitable for fish propagation; has minimal requirements for levels of dissolved oxygen; has no requirements for enterococcus and E. Coli.; and is omitted from requirements to meet fecal coliform during all times as defined in the table at 6 NYCRR 703.5.

The proposed reclassification of Class-I is consistent with the classification of the East River -- of which the Gowanus Canal is a tributary to -- supporting a best use of secondary recreation and fishing across the Upper Bay of the New York City Harbor; would require a higher level of dissolved oxygen be maintained to support habitat, including fish propagation; would require more stringent water quality requirements for toxic and deleterious substances as defined in the table at 6 NYCRR 703.5; and would ensure a provision addressing bacteria criteria be met during all times as stated in 6 NYCRR 703.4(c).

To further support this request, it is critical to note that the community has advocated for reclassification of the Gowanus Canal since 2008. Under a 2005 Consent Order with NYSDEC, a CSO Waterbody/Watershed Facility Plan (WWFP) was prepared by NYCDEP (September 2007). This plan concluded that the Class-SD designation was not compatible with the goals of the Clean Water Act and would normally require reclassification as part of the State's review process. At this time, NYCDEP recommended that consideration be given to the development of a new waterbody classification of "Urban Tributary" where wet weather conditions were recognized in the designation of uses and water quality criteria.

Additionally, in March 2012, the Gowanus CAG passed its first resolution, by unanimous vote, to reclassify the surface waters of the Gowanus Canal from Class-SD to "a water classification protective of recreational uses."

In 2015, the CAG submitted formal public comments to DEC and NYC DEP on the Gowanus Long- Term Control Plan (LTCP) further urging both agencies to adopt a water quality standard consistent with use before LTCP approval. Most recently (November 2018), in response to a proposed neighborhood rezoning, the CAG urged NYC DCP to submit a reclassification petition to support proposed future land use on the waterfront. To date, these actions have not yielded acceptable results and further action by the CAG is required to initiate a reclassification of the Gowanus Canal. In December 2019, the CAG submitted a formal request for reclassification.

According to NYS DEC, the 20,000 surface waters of New York State are divided into 17 major drainage basins. Of the 17 basins, 15 have undergone a statewide reclassification effort, leaving only the St. Lawrence River Basin and the New York City marine waters unaddressed and several water bodies, including the Gowanus Canal, with the outdated designation of Class-SD.

The Gowanus Canal is a vital asset to this community. In order to ensure the long-term health of the Canal and neighborhood residents and visitors, regulations for improved water quality must be in place to protect water quality and enforce pollution controls. We urge the NYS DEC to take these matters seriously to ensure NYC marine waters are in compliance with the Clean Water Act and prioritize the reclassification of the Gowanus Canal.

We appreciate you taking the time to review these materials and look forward to a response on the timeframe in which this request will be considered.

Sincerely,
[Your Name]
[Your Address]
[City, State ZIP]