ENB Region 2 Notices 6/16/2021
Public Notice
Notice of Public Comment Period
Project Title:
2021 Jamaica Bay 26th Ward High-Level Sewer Separation Modification to Order on Consent between the City of New York and the New York City Department of Environmental Protection and the New York State Department of Environmental Conservation, DEC Case # CO2-20110512-25, a.k.a. NYC CSO Order.
Counties:
New York (Manhattan), Richmond (Staten Island), Kings (Brooklyn), Bronx (Bronx) and Queens (Queens)
Lead Agency:
New York State Department of Environmental Conservation (NYS DEC)
Brief Description:
The NYC CSO Order was executed between the NYS DEC and the New York City Department of Environmental Protection (NYC DEP) in 2005 and has been modified several times since executed. The NYC CSO Order includes various milestones and projects associated with abatement of Combined Sewer Overflows (CSO) within New York City. Based on additional analyses, the parties identified changes to the NYC CSO Order. Pursuant to Paragraphs XVI.A and D.3 of the 2005 CSO Order, NYS DEC is required to publicly notice "[i]n the event of a substantive and significant modification to the construction compliance schedules provided for in this Order." The 2021 Jamaica Bay 26th Ward High-Level Sewer Separation Modification to the NYC CSO Order consists of deletion of the following Appendix A milestones:
Consent Order, Appendix A | Current Milestone Date | New Milestone Date |
---|
XII.B, 26th Ward High Level Sewer Separation, 10. Phase 3 - Initiate Design | April 1, 2017 | Deleted |
XII.B, 26th Ward High Level Sewer Separation, 11. Phase 3 - Design Completion | March 2019 | Deleted |
XII.B, 26th Ward High Level Sewer Separation, 12. Phase 3 - Notice to Proceed to Construction | March 2020 | Deleted |
XII.B, 26th Ward High Level Sewer Separation, 13. Phase 3 - Construction Completion | December 2022 | Deleted |
In January 2013, the NYS DEC approved the 2011 Jamaica Bay Waterbody/Watershed Facility Plan (WWFP). The WWFP included a project to complete high-level sewer separation (HLSS) in approximately 443 acres within the drainage basin for Fresh Creek. The NYC DEP proposed constructing the project in three phases, and the total estimated construction cost at the time was $111 million. Since implementation of the HLSS project commenced in 2012, the scope and location of the HLSS was modified several times to accommodate characteristics of the drainage basin. Phase 1 of the HLSS was completed in 2018. Phase 2 of the HLSS project is currently in construction. Design of Phase 3 was initiated in 2017, but in 2019, the NYC DEP encountered unforeseen field conditions where the HLSS was to be implemented. In particular, the NYC DEP identified interference with a major fuel line to JFK Airport operated by Buckeye Partners and inadequate sewer coverage at three locations within the Phase 3 HLSS area. The proposed redesign of the Phase 3 HLSS to address these unforeseen field conditions increased the construction costs for Phase 3 HLSS from $62.5 million to $244 million. In light of the increased costs, the NYC DEP reevaluated the cost-effectiveness of the project and the impacts to water quality if the Phase 3 HLSS was eliminated. The modeling results indicate that projected water quality attainment levels in Fresh Creek for fecal coliform and dissolved oxygen would not be adversely impacted by elimination of the Phase 3 HLSS. Based on these modeling results, NYS DEC concurs with the elimination of the Phase 3 HLSS.
Document Availability:
Hard copies of the 2005 CSO Order and approved modifications are available for public review at the following offices of the NYS DEC and NYC DEP:
- NYS DEC - Division of Water, Office of the Director of the Bureau of Water Compliance, 625 Broadway, 4th Floor, Albany, NY 12233-3506.
- NYS DEC - Region 2 Office, Division of Water, attention: Selvin Southwell, 47-40 21st Street, Long Island City, NY 11101.
- NYC DEP - Bureau of Legal Affairs, attention: Diana Dellafiora, 59-17 Junction Boulevard, Flushing, NY 11373, Phone: (718) 595-6555.
Questions regarding the 2021 Jamaica Bay 26th Ward High-Level Sewer Separation Modification can be directed to: Ryan Waldron, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3506, Phone:
(518) 402-8244 Fax:
(518) 402-9029, E-mail:
ryan.w...@dec.ny.gov.