Reality Check! EPA Warns City Gowanus Area Upzoning Cannot Compromise The Canal Clean-up

Just hours before the Gowanus Canal Community Advisory Group's October meeting this past Tuesday,  the Environmental Protection Agency sent a letter to New York City warning that the proposed upzoning of the Gowanus neighborhood cannot compromise the EPA Superfund clean-up of the 1.8 mile toxic waterway. 

The letter, written by EPA Region 2 Administrator Peter Lopez informs the New York Department of City Planning and the New York City Department of Environmental Protection that his agency anticipates a significant increase in wastewater generated as a result of the rezoning from manufacturing to residential.

EPA estimates that waste water will increase from the present 178,795 gallons per day to 1,977,302 gallons per day once the proposed development has been completely built out. 

This should not come as a surprise to the City since the EPA had addressed the same concerns in its comments on the Gowanus Neighborhood Rezoning Draft Scope of Work for an Environmental Impact Statement (DSOW) back in May 2019.

The EPA is very clear that it does not get involved in land use issues. However, anticipating future use is an important component of designing the Superfund remedy. The Federal Agency is also protective of its environmental remedies and will get involved if there is a risk of re-contamination to a Superfund site.

The City of New York is one of the major polluters of the Gowanus canal, as a result of allowing sewage to discharge into the canal when waste water exceeds the capacity of our treatment facilities during periods of heavy rainfall.  To remedy the situation, EPA has mandated that the City construct two retention tanks to capture the waste water during these rain events.

The City has been dragging its feet and using one delaying tactic after another to avoid taking responsibility for polluting the canal. As it stands, NYC DEP now anticipates the completion of the first tank in 2032.

EPA, for its part, is moving ahead at full speed.  In November, the dredging of the toxic material in the canal will begin, followed by the installation of a multi-layer cap at the bottom of the waterway.

Since the City has not yet begun building its tanks, solids from the waste water discharges risk recontaminating the Superfund site.

It will be interesting to see how the City's Departments of Environmental Protection and Planning will try to engineer their way out of this, given the fact that the City has not yet managed to capture current CSOs into the waterway, let alone 10 times the amount.

Once again, it would appear that the EPA is stepping in to protect the environment and the health of the Gowanus community. The same cannot be said about Mayor deBlasio, as well as Councilmen Brad Lander and Steve Levin, who are all pushing for the rezoning before environmental remediation.

Below is Administrator Lopez's letter to the City.

Dear Director Lago and Commissioner Sapienza:

The U.S. Environmental Protection Agency (EPA) is in receipt of public notices indicating that
the Department of City Planning (DCP) has resumed the Gowanus rezoning process,
commencing with the public meeting on October 22, 2020 before the Brooklyn Community
Board 6 Land Use Committee.

As you know, the proposed rezoning affects an area surrounding the Gowanus Canal, which EPA
placed on the Superfund National Priorities List in March 2010. The Gowanus Canal Superfund
Site (Site) is defined as the approximately 100-foot wide, 1.8-mile-long Canal, and also includes
any areas that are sources of contamination to the Canal.

In 2013, EPA issued a Record of Decision (ROD) for the cleanup of the Canal that included the
dredging and off-Site disposal of much of the accumulated contaminated sediment within the
Canal, the capping of certain contamination remaining below the dredged material, and the
control of upland sources to prevent the recontamination of the clean Canal. See
https://semspub.epa.gov/workl02/692106.pdf

Such upland sources include certain contaminated sewer solids discharged into the Canal during
Combined Sewer Overflow (CSO) events when stormwater and sanitary sewage capacity is
exceeded within the approximately 1,758-acre Gowanus Canal watershed. The CSO portion of
the EPA-selected remedy requires the City, a potentially responsible party for the Site, to
construct and operate two CSO retention tanks. Pursuant to several EPA administrative orders,
the City is required to design those CSO tanks and to participate in the first stage of the dredging
and capping work. The City will be required to construct the CSO tanks pursuant to a future EPA
enforcement instrument.

EPA does not have a direct role in local land-use or zoning decisions. However, accounting for
current and anticipated future local land use is an important component in EPA's planning of
response actions under the Comprehensive Environmental Response, Compensation and
Liability Act ("CERCLA" or "Superfund"). EPA also has a role in ensuring that future land-use
changes do not adversely affect the integrity of Superfund cleanups, including the ongoing work
at the Gowanus Canal. Accordingly, in May 2019, EPA provided comments to DCP on the
Environmental Impact Statement (EIS) scoping documents for the rezoning, and also directed the
New York City Department of Environmental Protection (DEP) to provide rezoning-related
information to EPA as part of the CSO tank design process.

The first phase of the dredging and capping is to begin in mid-November 2020 in the upper
Canal, which is in the area where DCP has proposed rezoning for residential use. Progress on the
Canal cleanup is among the factors cited by the City in support of the rezoning.
Progress on the CSO tanks, however, has been delayed by DEP, as noted in recent EPA
communications to DEP. In June 2020, DEP requested that EPA grant an extension of time to
complete the CSO tanks. EPA is reviewing that request, which may impact the effectiveness of
the remedy and have implications on the rezoning.

In light of community interest associated with the start of dredging, DEP's CSO-related delays,
and the resumption of the rezoning process, EPA believes that it would be of assistance to the
City, the community, and other stakeholders to reiterate the cleanup-related discharge parameters
of the ROD.

In anticipation of potential redevelopment, the ROD requires that any future activities that fall
under the City's purview, including development, do not compromise the effectiveness of the
Gowanus Canal remedy. Among other things, the ROD specifically states:

Current and future high density residential redevelopment along the banks of the canal and

within the sewershed shall adhere to NYC rules for sewer connections (Chapter 31 of Title 15

of the Rules of the City of New York) and shall be consistent with current NYCDEP criteria

(NYCDEP, 2012) and guidelines to ensure that hazardous substances and solids from

additional sewage loads do not compromise the effectiveness of the permanent CSOcontrol

measures by exceeding their design capacity. For example, redevelopment

to take mitigation measures to prevent or offset additional sewer loadings. Separated

storm water outfalls will also require engineering controls to ensure that hazardous

substances and solids are not discharged to the Canal. [ROD at page 84.]

In EPA's May 2019 comments on the EIS scoping documents, EPA noted that the City

preliminarily projects a significant increase in the wastewater generation in the neighborhood as

a result of the proposed development. Specifically, for residential development, wastewater

generation is estimated to increase from 178,795 gallons per day (gpd) at present to 1,977,302

gpd once the proposed development has been completed. (See Gowanus Neighborhood

Rezoning and Related Actions at Table B-1).

Consistent with EPA's May 2019 comments, the EIS process should accurately determine not
just the total wastewater generation, but also the incremental sanitary and stormwater volumes
and what appropriate mitigation measures, or combination of measures, are required to prevent
added CSO-related discharges to the Canal and adverse effects on the Canal remedy. In
particular, EPA believes that DEP must determine whether any infrastructure serving the parcels
that are to be rezoned requires upgrading to provide adequate conveyance and prevent overflows
to the Canal. EPA will review all such determinations and other relevant information related to
the impacts of the proposed rezoning on the Superfund Canal remedy and will assess whether
any mitigation measures proposed as part of the development, as a result of the rezoning, would
indeed be protective of the Canal remedy.

EPA acknowledges the City's authority to engage in land-use planning and zoning. With that
said, however, EPA respectfully submits that any rezoning impacting the Canal must proceed in
a manner that is protective of human health and the environment, as envisioned in EPA's Canal
remedy.

EPA looks forward to engaging with the City, the community and other stakeholders in a
cooperative manner so that the appropriate information is available for a productive
consideration of rezoning issues.

After the rains! Raw sewage floating on the Gowanus Canal 

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Landersville: Councilman Brad Lander Is Still Promising A Gowanus Rezoning That He Can't Possibly Deliver

Combined Sewer Overflow on the Gowanus Canal after heavy rains on May 30th 2019

Toxic oil slicks on the surface of the water

toxins, human waste and sanitary pad floating on the Gowanus

On May 30, 2019, NYC Councilmember Brad Lander, with his Council colleague Steve Levin, jointly released a summary of comments to NY City Department of City Planning(DCP) on the Gowanus Neighborhood Rezoning Draft Scope of Work for an Environmental Impact Statement. 

The proposed rezoning calls for 8,200 new units of housing that will bring approximately 20,000 new residents to the area.

Though it appears on the surface that Lander wants to make sure that "plans for growth are grounded fully in the public interest, and will achieve our shared goals", the rezoning of the Gowanus area was always a huge giveaway to developers despite all the talk about affordable housing.

The simple truth is that up zoning the Gowanus Canal area to allow more residential development without first dealing with its unique environmental challenges is a bad idea:

1) The toxic 1.8 mile long Gowanus Canal, an EPA Superfund site, still needs to be remediated.

2) The City of New York still allows raw sewage to drain into the canal during heavy rains and has yet to build Combined Sewer Overflow retention tanks mandated by the EPA to address current conditions.  The City has no plan in place to address the additional sewage of 20,000 new residents. which the EPA estimates to be 11x the current amount, once Gowanus is fully built out.

3. The area is a FEMA flood zone A and experienced severe flooding during Hurricane Sandy.

Why any representative would want to put his current and future residents in harms way is difficult to comprehend. 

Yet, Brad Lander is pushing the rezoning forward by promising the community a say in the outcome, by assuring residents that it will preserve and strengthen the “Gowanus mix,”  and by promising up to  3000 affordable apartments, many of them in a flood zone. To sweeten the deal, he claims to be pushing for "significant investments in NYCHA’s Gowanus Houses, Wyckoff Gardens, and Warren Street Houses."

Brad Lander knows fully well that City Planning does not have the tools in its toolbox to preserve light industry, the arts and cultural institutions in Gowanus once it becomes mainly residential.

In a mixed-use zone, residential development always takes over sooner or later, because that is where developers make the most money.  We find it quite ironic that Lander will throw himself a 50th Birthday Celebration/ Fundraiser for his Lander For NY coffers at the Royal Palms Shuffleboard Club in Gowanus on June 17, 2019.  The building housing the Shuffleboard Club is not likely to survive the rezoning, when it can be replaced by a 70 feet high structure.

Many of those 3000 units of affordable housing could be surrounded by water in just a few decades if scientists are correct about global warming and sea level rise.  This may make them even more affordable if nobody can or will want to live there as the water rises around them.

The promise of significant investments in Gowanus NYCHA housing rings especially hollow.  Lander, and especially Steve Levin had plenty of time during their three terms as NYC Council members.  The only capital that may be raised for improvements under their tenure is from selling NYCHA air rights to developers.

Lander and Levin can promise Gowanus area residents anything they want...their terms will be over at the end of 2021. The consequences of this ill advised rezoning will not be theirs to deal with.

All their current constituents can do is to remember not to vote for them next time they run for an office.

Levin seems to have checked out as Council member already and has not attended a Gowanus rezoning meetings in a very long time, preferring to let Lander handle things in his name. 

In the case of Lander, he is already actively campaigning  for the  New York City Comptroller spot.

Lander continues to support the Gowanus neighborhood up-zoning despite all the serious environmental issues that still need to be addressed.  Let us remember that he initiated it in the first place back in 2013, when he gathered the community and promised a truly community driven process. Most importantly, let us hold him responsible for the health and safety of those who will live in those new towers, in a flood zone.

Dear ...., The Gowanus Neighborhood Rezoning presents a real opportunity to create a future for the area around the Gowanus Canal that is more sustainable and resilient, more inclusive and affordable, and that preserves and strengthens the vibrant mix of uses in the area today. In order to achieve those goals, there is still a long way to go: In what must be rigorously analyzed in the Environmental Impact Statement, to make sure we have considered all the impacts. In changes to the rezoning proposal itself, to better share the benefits and mitigate any potential harms. And in related infrastructure and neighborhood investments to make the proposed growth work for the community. That’s why Council Member Steve Levin and I worked together to give extensive comments to the Department of City Planning (DCP) on the “Draft Scope of Work” for the Environmental Impact Statement (EIS) for the proposed rezoning. The EIS is the next step in this long, thorough, and inclusive process. More than five years ago, our community came together to outline goals for the future through the “Bridging Gowanus” community planning process. In 2016, DCP began working with the community, holding scores of meetings including large public sessions and issue-specific working groups open to all who were interested. Building on that work, in June 2018, DCP released Gowanus: A Framework for a Sustainable, Inclusive, Mixed-use Neighborhood. In January 2019, DCP released the Draft Zoning Proposal. We are grateful to the hundreds of community members who have contributed many hours to shaping this vision, including long-time and newer homeowners, tenants, NYCHA residents, business owners, environmental activists, artists, affordable housing advocates, and more. This is one of the most engaged community planning processes our city has ever seen … and the future of Gowanus will be much better for it. We are encouraged by many elements of the proposal that the Department of City Planning has put forward: Innovative steps to require a more resilient and continuous waterfront, to advance and support the cleanup of the Canal, and to insure buildings with high environmental standards offer an opportunity for a sustainable and resilient neighborhood.   Plans to include a significant amount of affordable housing for low- and moderate-income families (estimated at 3000 out of 8200 units, or about 37%) in an area with extremely high housing prices, along with strong policies for preventing displacement, will generate a far more integrated and inclusive neighborhood than nearby Carroll Gardens or Park Slope.   The new incentive zoning for light industry, arts-related, cultural, and civic uses, along with preservation of mid-block areas for commercial and manufacturing uses, offers space to preserve and strengthen the “Gowanus mix.”   At the same time, there are numerous areas where the proposal does not yet fulfill our shared vision, and where substantial improvements are needed. The plan must prevent additional sewer overflows (CSOs) from flowing into the Gowanus Canal after rain events, and instead contribute to the canal’s Superfund cleanup (being overseen by the EPA) and broader restoration.   It must include significant investments in NYCHA’s nearby Gowanus Houses, Wyckoff Gardens, and Warren Street Houses.   It must strengthen light manufacturing, arts, and artisan uses inside as well as outside the Industrial Business Zone (IBZ).   It must include a plan to preserve historic buildings and connect people to that history.   Critically, the plan must include investments to meet the needs of a growing community for schools, transit, open space, flooding and resiliency, energy, and other infrastructure. Planning for the future of our city is not easy. We are facing an ongoing affordability and inequality crisis, even as the city’s population continues to grow, so we need to build new housing, especially in neighborhoods like Gowanus that offer strong opportunities to connect to good schools, jobs, and transit. This recent Op-Ed in The New York Times by Farhad Manjoo helps make the case for why we need to be open to proposals like this, even if our first (and understandable) reaction is to fear growth and oppose additional development in our neighborhood. But at the same time, we must make sure that plans for growth are grounded fully in the public interest, and will achieve our shared goals. That we are thoughtful about the impacts of climate change ... that we not only mitigate potential impacts, but actually create a more sustainable and resilient city. That we include the necessary infrastructure. And that we creates a community that is a great place for people across lines of difference to live, work, and raise families.  It is therefore imperative that the Department of City Planning (DCP) rigorously and transparently analyze all anticipated development impacts and hold the Gowanus Neighborhood Rezoning to the highest standards for public infrastructure and sustainability, from transit and sewers to public schools and open space. I hope you’ll take a minute to look at the comments that Steve and I submitted (and if you submitted comments, please share them with us as well). While the Environmental Impact Statement analysis proceeds over the next few months, we’ll continue to engage the community on many of these elements, and we hope you’ll take part: Preserving and renovating the Pacific Street Library: The Pacific Street Library is part of the “social infrastructure” that we want to see strengthened as part of the rezoning. (OK, we know it’s not in Gowanus, but since Fourth Avenue is included in the rezoning proposal, the library is in the rezoning area, which provides us an opportunity to invest there). The much-loved and well-used library, an architectural and community treasure, has extensive capital needs, and there are great opportunities to make it even better. Join us for a public meeting on Tuesday June 4 from 6-8pm at the branch to share what you love about the branch, and to help shape its future:   Gowanus IBZ Vision Study: City Planning will hold two “business roundtable sessions” in June to help develop a vision for the Gowanus Industrial Business Zone, to help make sure it can support job growth and businesses for many years to come. Gowanus business or property owners can complete an online survey here, to let DCP know about the benefits and challenges of doing business in the area and any improvements you’d like to see implemented. Learn more here. There will also be more information soon about what buildings the City will propose for landmark designation, and many other critical elements of the plans for the future of Gowanus. We pledge to make sure this is the most engaged community planning process possible, to get all the information we need, and to work together to make the best decisions for the future of our community. As always, we are eager for your feedback.

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REMINDER! Gowanus Canal CAG To Host Superfund Town Hall With Congresswoman Nydia Velázquez Tonight

On Wednesday, May 29, 6:30 – 8:30 p.m., the Gowanus Canal Community Advisory Group (CAG) will be hosting a Gowanus Superfund Town Hall at  PS 133,  610 Baltic Street at 4th Avenue, in Brooklyn.  This is your chance to catch up on everything related to the clean-up of the canal,  to ask questions and, perhaps, to get involved.

From the Gowanus Canal CAG:
"The Gowanus Canal was designated a federal Superfund site in 2010, initiating a complex, multi-year clean-up of more than a century’s worth of toxins and other contaminants.

The US Environmental Protection Agency (EPA) has completed a successful pilot dredging and capping of the 4th Street turning basin, and is now turning its sights on the process of cleaning the entirety of the canal, beginning at the head-end near Butler Street, in 2020.

Please join us at a public town hall meeting on May 29 for an important update on the canal clean-up, the future timeline, and an idea of what to expect as the work progresses. Congresswoman Nydia Velázquez will give a keynote, and representatives from the EPA will present a project overview and look-ahead. The public will have an opportunity to ask questions following the presentation."

Please RSVP via Eventbrite. The event is FREE.

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Gowanus Canal CAG To Host Superfund Town Hall With Congresswoman Nydia Velázquez

On Wednesday, May 29, 6:30 – 8:30 p.m., the Gowanus Canal Community Advisory Group (CAG) will be hosting a Gowanus Superfund Town Hall at  PS 133,  610 Baltic Street at 4th Avenue, in Brooklyn.  This is your chance to catch up on everything related to the clean-up of the canal,  to ask questions and, perhaps, to get involved.

From the Gowanus Canal CAG:
"The Gowanus Canal was designated a federal Superfund site in 2010, initiating a complex, multi-year clean-up of more than a century’s worth of toxins and other contaminants.

The US Environmental Protection Agency (EPA) has completed a successful pilot dredging and capping of the 4th Street turning basin, and is now turning its sights on the process of cleaning the entirety of the canal, beginning at the head-end near Butler Street, in 2020.

Please join us at a public town hall meeting on May 29 for an important update on the canal clean-up, the future timeline, and an idea of what to expect as the work progresses. Congresswoman Nydia Velázquez will give a keynote, and representatives from the EPA will present a project overview and look-ahead. The public will have an opportunity to ask questions following the presentation."

Please RSVP via Eventbrite. The event is FREE.



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D.E.P. Presents Modifications To Its Gowanus Canal CSO Facility, But For More Than Half A Billion Dollars, Don't Expect The Taj Mahal

Last night's meeting at the YMCA on Third Avenue

Alicia West, DEP Director of Public Design Outreach

Last night, New York City's Department of Environmental Protection came in front of Community Board 6 Parks and Recreation / Environmental Protection Committee to give a presentation on the proposed design for the Gowanus Canal Combined Sewer Overflow Facility at the head of the Gowanus Canal.
The changes to the design of both the 'head house' and the 1.6 acre open space were based on public comments gathered at public meetings in May 2018 and at a North Gowanus Community Visioning session in July.

Before we delve into some of the proposed changes to the design, let us provide some background on this issue:

You may remember that DEP is required by the US Environmental Protection Agency to build an 8-million gallon sewage retention tank at the head-end of the Gowanus Canal to reduce the volume of untreated wastewater entering the waterway as part of the Superfund clean-up.

DEP has taken the requirement for a simple tank to a whole new level by insisting that the C.S.O. tank be built on two privately owned parcels that the City is currently acquiring through eminent domain, rather than to follow EPA's suggestion to site the tank on publicly-owned parkland across the street. Along with the tank, DEP is insisting that it also needs a massive head house to hold debris capture screens, a de-gritter, odor control equipment, as well as an electric room, boiler and other mechanical spaces.   

DEP has estimated the cost for land acquisition of the two lots at $90 million alone, with an additional $500 million for the construction of the facility.

DEP admitted last night that the final cost is expected to exceed $500 million dollars.

For more than half a billion dollars, the community could expect something resembling the Taj Mahal, no?  However,  the Selldorf Architects-designed building looks just like a big box, even if it will be clad in terra cotta Venetian style louvers.  As for the green space above the tank,   DLandStudios designed a pleasing passive-use space, yet it only really provides plantings, some open areas, and benches.

So what changes were made to the project?  The building's footprint has apparently been slightly reduced, it has been pulled back from the lot line at Nevins Street, and its color palette has been softened.

To some residents, the modified design was a great improvement. To others, many of the suggestions or 'asks' from the community were ignored.  The facility, for example, does not include an indoor educational center. There are no provisions for restrooms. There are no active play areas for children, water access for boaters, or covered areas for a makers market.

Most disturbing, many in the Gowanus Community had passionately voiced their desire to preserve the 100-year old former Gowanus Station building at 234 Butler Street and had asked DEP for over a year to incorporate this historic structure into their plan.

Instead, the new facility design calls for the demolition of the building. Only its parapet and a few other elements will be saved and incorporated into a brick wall on Butler Street, around the corner from its current location. 

D.E.P. will be presenting the design to the Public Design Commission in mid-November.

It may be a tad premature.  To date, DEP  has only submitted 30% of the CSO facility's design to EPA. The Federal Agency will have to give final approval of the mechanics and underground tank.

So, while DEP shows us pretty drawings and samples of glazed terra cotta tiles, perhaps it is more important for the agency to prove to us and to the EPA, that their costly facility will actually keep raw sewage out of the canal.

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As The World Turns In Gowanus: A Tale Of Eminent Domain, Development Pressure, Environmental Challenges, And The Risk Of Losing A Neighborhood's Uniqueness

Nothing is simple in Gowanus. This small neighborhood wedged between Park Slope, Boerum Hill and Carroll Gardens has the ominous distinction of being home to an 1.8 mile man-made canal that is one of the most polluted sites in the United States, which landed it on the Federal Environmental Protection Agency's Superfund list in 2010.  Besides being polluted, New York City has been allowing raw sewage to spill into the waterway during heavy downpours for decades and continues to do so.

Raw sewage floating on the Gowanus Canal

Then there is the fact that most of Gowanus has been declared a Flood Zone 'A' by the  Federal Emergency Management Agency, which means mandatory evacuation during hurricanes.  But no superstorms are needed for floods, as flooding occurs on a regular basis even during moderate downpours.

3rd Street Bridge in Gowanus after heavy rain

Flooding is a reality for many Gowanus residents.

Lastly, Gowanus has been targeted for development. A real estate frenzy has been unleashed by Mayor deBlasio and Councilmen Lander and Levin, when they began pushing to rezone the area from mostly manufacturing to mixed-use, which would allow more residential developments similar to the recently completed Lightstone Group rental towers along the canal. This resulted in speculative investments by developers such as Jared Kushner, President Trump's son-in-law and others.  In anticipation of the rezoning, manufacturing lots in the area have significantly increased in value, which has forced many manufacturing tenants out of the area.

Lightstone Group's 700-unit high rise rental along the Gowanus Canal

This perfect storm has pitted not-for-profit organizations, which have taken money from developers and our elected officials and these same elected officials who envision a shiny new Gowanus neighborhood against true civic associations, and neighbors who want to hold on to at least part of its history and uniqueness.

As of right now, The EPA Superfund Clean-Up of the toxic Canal seems to be on track.  A dredging and capping pilot study is about to begin in the 4th Street basin. The result will enable the EPA to finalize the design for the environmental clean-up of the entire waterway. The actual clean-up is slated to start in 2020 at the head of the Canal.

The re-zoning of Gowanus has picked up momentum.  From 2013 to 2015, Councilmen Lander held "Bridging Gowanus," a series of curated community planning meetings to help "shape a sustainable, livable, and inclusive future for the Gowanus neighborhood." At one of the planning meetings, the public was given a highly slanted exercise to "weigh the hard choices of density and development."
Predictably, the resulting report claimed that "nearly three-quarters of the participants who chose this scenario expressed openness to buildings of more than 10 stories (with a distribution of opinion spread about equally from 8 to 18 stories)."

How very convenient for developers.

Councilman Brad Lander at one of the Bridging Gowanus meetings, 

promising an 'inclusive and transparent process"

By late 2016, the NYC Department of City Planning launched the Gowanus Neighborhood Planning Study to develop a planning and land-use framework for the Gowanus neighborhood. Here again, local residents were asked to participate through a series of workshops. Though many in the community clearly asked City Planning to consider establishing "managed retreat from the Gowanus flood zone", the recommendation never made it into the final presentation given by the Department of City Planning in October 2017.
The reason? According to DCP:
"This interest was not mutually shared among working group members. It conflicts with core objectives established within the Gowanus Study process, including promoting investment in the creation of commercial and arts uses, housing and continued industrial use on canal-side properties."

Currently, DCP is working on a Gowanus rezoning pan, which they will present to the community in  early 2018.

No doubt, new zoning will allow for lots of 18 story high-rises along the canal in a flood zone.

New York City Department Of City Planning Gowanus Neighborhood Study

City Planning's Winston Von Engel with Brad Lander at a 

Gowanus Neighborhood meeting, October 2017

By far the most contentious issue in Gowanus right now is the placement of the larger of two Combined Sewer Overflow (CSO) and storm water retention tanks.

As part of the Gowanus Canal Superfund Record of Decision, a legally binding blueprint for the environmental clean-up of the canal, EPA has mandated that New York City construct an eight million gallon tank in the upper portion of the canal, and a four million gallon tank in the middle of the canal as a control measure meant to significantly reduce overall contaminated solid discharges to the waterway during heavy rain events.

Looking at 234 Butler Street and 242 Nevins Street from the Gowanus Canal Side

Double D Pool at Thomas Greene Park

EPA Region 2 suggested placing the 8-million gallon tank underneath the Double D pool at Thomas Greene Park near Nevins Street. The Agency reasoned that the pool needs to be removed anyway because it sits on the former  Fulton Municipal Manufactured Gas Plant which needs to be remediated. Also, the parkland is already owned by the City, which would save the acquisition cost.

The NYC Department of Environmental Protection on the other hand, prefers to site the 8-million gallon tank on three privately-owned sites along the canal, adjacent to the park. In early 2016, an Administrative Settlement Agreement between EPA and New York City grants the City the opportunity to locate the tank on its preferred 'canal side' location. However, the order comes with a strict timeline which requires that the City must acquire the three sites by 2020. EPA will force the City to pivot to the Thomas Greene site if this deadline is not met.

To avoid delays if this should occur, EPA is requiring DEP to prepare parallel tank and head house designs for both sites.

The City's plan relies on the taking of two privately owned sites, 234 Butler Street and 242 Nevins Street, by eminent domain if necessary. A third site, 270 Nevins Street will also be seized and then leased by the City for staging purposes. The taking by eminent domain will displace a fair number of businesses, including Eastern Effects Studios, where the popular "The Americans" television show is filmed. it will also displace Spoke The Hub, a popular not-for-profit, which has had a presence in Gowanus for decades.

In DEP's Capital Plan for 2016 to 2019, $510 million was added "to secure land, design two CSO tanks and construct one of the two planned CSO tanks adjacent to the Gowanus Canal." That sum rivals the estimated amount for the entire Superfund clean-up of the canal and buys the community only ONE tank.

Obviously, inflating the cost of the 8-million gallon tank at the top of the canal through needless land acquisition doesn't concern Councilman Brad Lander, who tweeted that he was "very glad to have secured the $510 million in the DEP updated capital plan."

From Councilman Brad Lander's Twitter account, March 2016

Currently, an application submitted by New York City Department of Environmental Protection (DEP) and the New York City Department of Citywide Administrative Services (DCAS) for the acquisition of these three privately-owned parcels needed for the Gowanus CSO Facility is currently moving through the Uniform Land Use Review Procedure (ULURP) process.

Community Board 6 as already held a public hearing and voted to support the eminent domain action. The next step is to get approval from Brooklyn Borough President Eric Adams. A public hearing was held at Brooklyn Borough Hall on November 27th. Adams will make a determination soon.

If the ULURP process goes according to the De Blasio administration, the city may have to fork over at least $70 million dollars for 242 Nevins Street and 234 Butler Street, according to a recent Crain's article.

Inna Guzenfeld, Diana Reyna and Richard Bearak of the Brooklyn Borough President's office
during ULURP hearing on eminent domain action for
Combined Sewer Overflow Tank and Facility.

Kevin Clarke of NYC DEP at ULURP hearing at Brooklyn Borough Hall

DEP's conceptual design for retention tank head house at

234 Butler Street and 242 Nevins Street

At the Brooklyn Borough President's hearing, Kevin Clarke of NYC's DEP stated that the City hopes to purchase the land as a "willing seller, willing buyer" transaction and said that the City had made the owners an offer.

"Not so," said Salvatore Tagliavia, the owner of 234 Butler Street, and of Sanitation Repairs, Inc. located on the property. At a Gowanus Canal Community Advisory meeting the very next day. Kevin Clarke again claimed that "the City has made offers to the two property owners."

"I would like to disagree," Tagliavia. "I am the owner of one of these properties. All I hear DEP say is that they want to do this and they want to do that, but I have not been approached on any level as far as relocation of my employees, my tenants and the not-for-profit, Spoke The Hub, that is located in my building." He added: "I think I speak for the other two owners. The only thing that we have received is a letter stating that they intend to make an offer and that they intend to acquire the property."

Tagliavia has made clear that he is not a willing seller. He had intended to sign a 100-year lease agreement with real estate development firm Alloy, so that his property could remain in his family for future generations.

Salvatore Tagliavia and his wive Lena, owners of 234 Butler Street, 

at the November Gowanus Canal CAG meeting.

Tagliavia's property happens to also be home to the iconic 'City of New York Water Supply Gowanus Distribution Station.' The charming brick structure, which bears the neighborhood name in terra cotta and sports a medallion showing a windmill, will probably be destroyed if the City acquires the site. Yet, it is of historic significance.

Members of the community are asking DEP to incorporate the building into the CSO tank and proposed head house facility on the site.

They have been backed by Community Board 6, which asked DEP to "consider an alternative design to save the historic structure" as part of their support of the eminent domain action.

More support comes from the New York State Historic Preservation Office (SHPO), which wrote in October 2017:"Based on our review of the project details to date, it appears feasible to retain and incorporate the historic former Gowanus Station Building (234) Butler Street into the project. This building which has a prominent street presence on the corner and the very edge of the city’s preferred site, has overreaching significance on the National Register eligible Gowanus Historic District. Its demolition would adversely affect both the building and the National Register eligible Gowanus Canal Historic District. To destroy this intact, architecturally distinctive example of Brooklyn’s civic and industrial heritage would be a disservice to the Gowanus neighborhood and to the city as a whole.”

The Gowanus Station Building at 234 Butler at risk.

Poor Gowanus! So many pressures on such a vulnerable neighborhood. For developers, Gowanus is a dream come true: they have been able to buy low and will profit tremendously as soon as the area is rezoned.  Our politicians are willing to ignore the fact that the area is a flood plain and will always be threatened.

New York City, which has used the Gowanus Canal as an open sewer for decades and opposed the nomination of the canal as an EPA Superfund because it knew that it would be named as a major polluter, is now throwing crazy money at the problem by insisting on building the 8 million gallon CSO tank on private land, instead of City owned land.
There is a real risk of losing everything that is special about Gowanus in the rush to rezone.  The speed of change has accelerated of late and will increase in the next year or two as the rezoning gets pushed through.
When it comes time to attend the public meetings related to the rezoning, I hope you will all join me in voicing our opinions about the future of the neighborhood. If we don't collectively fight for Gowanus, the decision will be made by others.

You may want to start by sending an email to Brooklyn Borough President Eric Adams before December 15, to strongly oppose demolition of the historic Gowanus Water Supply Building at Butler and Nevins Streets.  His email address is askeric@brooklynbp.nyc.gov.

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Construction On Another Section Of New Bulkhead In The Gowanus Canal Has Begun

Part of the Environmental Protection Agency's Superfund clean-up of the Gowanus Canal depends on property owners replacing or repairing the bulkhead along their property, so that the bottom of the canal can safely be dredged without the uplands collapsing into the water.
A few sections along the 1.8 mile canal have already been replaced, notably along the Whole Foods Gowanus site as well as in front the Lightstone Development at 363 and 365 Bond Street.
Today, work on a new bulkhead began in front of 155 Third Street and the Canal.
The property belongs to Monandock Construction.
As you can tell from the  video, the work is a bit loud, but moves along swiftly.

The sooner the bulkheads along the Gowanus are replaced, the sooner the dredging can begin.
That is, unless the Potentially Responsible Parties, or polluters, who are responsible for paying and cleaning the canal, try to delay the clean-up.
They are trying....and we should not let them.

You might want to read this, if you missed it.
Forget Clean Gowanus Canal By 2022: Schedule Proposed By Potentially Responsible Parties Adds Six To Seven Years To Completion Date


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Delegation Of Environmental Officials From China Visits The Gowanus Canal

EPA's Gowanus Canal Remedial Project Manager Christos Tsiamis and  EPA Legal Council Brian Carr during a visit by a delegation from China

EPA Community Involvement Coordinator Natalie Loney with Chinese delegates.

On the 3rd Street Bridge

Melissa Dimas, EPA Regional Manager of the International Affairs Program talking about real estate development along the Gowanus

The Gowanus Canal and its designation as an Environmental Protection Agency Superfund Site continues to garner attention from the international science community.
Yesterday morning, a delegation of high level environmental officials from several provinces in the People's Republic of China visited Gowanus and were given a tour of the canal by Christos Tsiamis, Brian Carr, Natalie Loney and Melissa Dimas of EPA Region 2.

The delegation was headed by Ms. Zelin Wang, Director of the Department of Science, Technology and Standards, Division of Environmental Technology, in the Ministry of Environmental Protection in Beijing.
According to Tsiamis, EPA's Gowanus Canal's  Remedial Project Manager, the officials were interested "to see a complex Superfund site, learn about the process of the cleanup, and be informed about the method for selecting cleanup technologies."

As part of the tour, the officials were shown the 4th Street Turning Basin, located near Third Avenue, next to the Gowanus Whole Food store.  A debris removal Pilot Project  was conducted at the basin in 2016, which will be followed by dredging of toxic material at this site.  Tsiamis explained that the pilot project and the dredging at the 4th Street basin will allow EPA to fine tune the different techniques that will eventually be applied to the clean-up of the entire canal.

I would like to thank the EPA team for allowing me to join the tour to document the visit yesterday.  It is always a thrill to learn that the eyes of the world are on the Gowanus Canal and its environmental remediation.

To read about similar Gowanus visits by international delegations, click on the links below.
From Russia With Hope: Delegation Visits The Gowanus Canal
Of "Pink Pond" And "Lavender Lake": Environmental Delegation From India Visits Gowanus Canal
Chinese Delegation Visited The Gowanus Canal Superfund Site This Past Friday

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