BE ACLEAN WATER

STEWARDYour guide to understanding the City’s

water quality improvement plans & how to advocate for fishable, swimmable

waterways.

A S.W.I.M. COALITIONCOMMUNITY WORKSHOP:

S.W.I.M. CoalitionStormwater Infrastructure Matters

This pen and paper icon prompts you to make notes

about your waterway to refer to at the next public meeting.

TAKE NOTEThis diver provides in-depth information about

the Long Term Control Plans for those who want to learn beyond the basics.

DEEP DIVE

Welcome to the Clean Water Steward Workbook!

This workbook is for water users, community organizations, and concerned citizens to use as a guide for how to respond to the City’s Long Term Control Plans to reduce Combined Sewer Overflow (CSO). Read on to learn about what these plans mean for your local waterways and how to get involved in the planning process.

USING THIS WORKBOOKAs you read through the workbook, the following icons will help you relate concepts to your local context, provide in-depth information, and equip you with ways to advocate for fishable, swimmable water.

TABLE OF CONTENTS

4 BACKGROUND

6 PART 1: WATER QUALITY How do we know if a waterbody is fishable and swimmable?

10 PART 2: THE POLLUTANTS What affects water quality beyond CSO?

12 PART 3: THE PLAN How will water quality be improved?

18 PART 4: THE PUBLIC PROCESS How is the plan being communicated?

20 IMPORTANT TERMS

This megaphone represents a call to action. It provides tips and tools for you to advocate for fishable, swimmable water.

ADVOCATE

WELCOME

2 |

S.W.I.M.

WELCOME

AC - Alley CreekWC - Westchester CreekHR - Hutchinson RiverFC - Flushing CreekBR - Bronx RiverGC- Gowanus CanalCI - Coney Island CreekFB - Flushing BayJB - Jamaica Bay & TributariesNC - Newtown Creek

New York City is developing Long Term Control Plans (LTCPs) for these 10 waterbodies. The rest of the city’s waterbodies will be evaluated under one citywide LTCP. Read on to learn about what an LTCP is and how it will affect your waterbody.

Source: Adapted from NYC DEP

NEW YORK CITY WATERSHEDS WITHA LONG TERM CONTROL PLAN

WELCOME

| 3

S.W.I.M.

WELCOME

BACKGROUND

Every year, 25-30 billion gallons of combined sewer overflow (CSO), a mix of raw sewage and polluted stormwater runoff, flows into our local waterways making them unsafe for swimming, boating, fishing and wildlife survival. This happens because New York City relies on antiquated infrastructure that carries stormwater in the same pipes as sewage (a combined sewer system), making it, by volume, the largest water polluter in the state.

LAWS AND REGULATIONS The Federal Clean Water Act of 1972 requires that all waters be safe for fishing and swimming, or “fishable and swimmable.” The Environmental Protection Agency (EPA) is the federal agency that regulates the Clean Water Act. The EPA regulates the New York State Department of Environmental Conservation (State DEC), who in turn regulates the New York City Department of Environmental Protection (DEP).

In 2012, DEP entered into a consent order with the State DEC to reduce combined sewer overflow from entering local waterbodies using a combination of grey and green infrastructure (see Important Terms and Part 3 for more details).

As part of the consent order, DEP must develop 11 CSO Long Term Control Plans (LTCP) for local waterbodies. The LTCPs are submitted to the State DEC, which must approve the plans before they can be implemented. DEP presents their proposed plans to the public three times before turning them over to DEC for review (see timeline on page 5 of this workbook).

YOUR VOICE MATTERSThe goals and details of the plans and how they will be implemented over the next few decades are currently being debated among users of the waterways, clean water advocacy groups, concerned citizens, and city and state agencies. The final decisions will significantly impact the livability of our neighborhoods for generations to come.

Your voice matters in these important decisions, and this workbook will equip you with the resources to influence the City’s planning process.

4 |

S.W.I.M.

BACKGROUND

DEP reviews waterbody characteristics and analyzes water quality data.

1

DEP introduces key waterbody conditions at kick-off meeting.

PUBLIC MEETING #1

DEP evaluates alternatives and develops plan.

2

DEP presents alternatives and its recommended approach.

PUBLIC MEETING #2

DEP considers feedback and submits proposed plan to DEC for review.

3 PUBLIC MEETING #3

DEP presents proposed plan to the public.

State DEC approves final plan.

LTCP PLANNING & PUBLIC PROCESS TIMELINE

BACKGROUND

There are many ways that you can participate in the planning process for the CSO Long Term Control Plans (referred to hereafter as LTCPs or “the Plans”). The timeline on the right displays the process by which DEP will be developing the Plans and engaging the public.

Aside from showing up at DEP public meetings, anyone can send comments to DEP, DEC, and EPA throughout the process. Ultimately the State DEC has the authority to approve the plan that DEP has developed. Some time after Meeting #3 for each Plan, the State DEC will announce a formal comment period before the State makes any final decision to approve or disapprove an LTCP.

Environmental organizations and concerned community groups have written letters to the City and the State telling them that the proposed plans issued to date for waterbodies are not yet the best that they can be. S.W.I.M. Coalition usually sends out an e-blast with a sample comment letter template that you can use to produce your own letter.

This workbook will help you identify the shortcomings of the Plans and provide ways to influence the planning process so that the LTCPs will ultimately achieve our goals of stopping sewage from polluting our waterways, and providing people and wildlife with clean water.

The underlying question we should all be asking is: Does the LTCP ensure that the City will achieve fishable, swimmable water?

HOW TO GET INVOLVED

| 5

S.W.I.M.

BACKGROUND

To assess water quality, regulators measure two things: fecal indicator bacteria, which are often present when disease-causing pathogens found in sewage are present, and dissolved oxygen, which can be depleted by sewage and other pollutants, but which is essential for the survival of fish and other wildlife to live.

A major source of fecal coliform is from the sewage in combined sewer overflows, but there are many other pollutants and sources, as detailed in Part 2: The Sources.

PART 1: WATER QUALITY How do we know if a waterbody is fishable and swimmable?

Stormwater discharge in Newtown Creek photo credit: Newtown Creek Alliance

Establish strong water quality goals in your neighborhood. Some questions to help determine your goal include:

• Do you want to be able to swim?• Do you want fish and wildlife to thrive?• Do you want environmental programs to be conducted in or

near your waterway?

Communicate with clean water advocates and your community to develop a unified vision for a clean waterbody.

6 |

S.W.I.M.

WATER QUALITY

FECAL INDICATOR BACTERIAEnterococcus and Fecal Coliform are bacteria that are found in human and animal feces. They are not necessarily harmful themselves but indicate the presence of sewage in the water. New York has used Fecal Coliform as an indicator to assess water quality for safe “primary contact” recreation, which includes swimming, playing in water, and any other activity where ingestion of water is likely. Many states use Enterococcus, a more scientifically accepted testing standard which is more protective of public health. NY State needs to mandate that the City start using Enterrococus criteria.

WATER QUALITY

Water Quality monitoring photo credit: Riverkeeper

WATER QUALITY STANDARDS FOR CITY, STATE AND FEDERAL AGENCIES

AGENCYIndicator bacteria

standard used

Significance of bacteria levels*

Safe for swimming

Unsafe if levels persist

Unsafe for swimming

DEC/DEP Fecal Coliform <200 200-1,000 >1,000

EPA Enterococcus <35 35-104 >104*Unit: bacteria cells per 100mL of marine water

CLEAN WATER STANDARDS | The EPA, per the Clean Water Act, mandated that states update their indicator bacteria from Fecal Coliform to Enterococcus by the end of 2015. Enterococcus bacteria are more able to survive in saltwater and a more

scientifically accepted indicator of sewage pollution in coastal recreational waters. Scientists and advocates contend that Enterococcus-based criteria are more protective of public health.

The table below shows the standards each agency uses to measure water quality. When reviewing the LTCP, look for analyses of Fecal Coliform and Enterococcus, and ensure that the Plan aims to achieve swimmable water quality standards for both indicators.

| 7

S.W.I.M.

WATER QUALITY

Look for D.O. analysis in the LTCP. The LTCP should analyze D.O. and determine D.O. compliance along with other non-pathogenic pollutants. Urge DEP to consider the health of aquatic life in addition to pathogen removal.

Dissolved oxygen (D.O.) is the amount of oxygen in water, measured in milligrams of dissolved oxygen per liter of water (mg/L). Low levels of D.O. are a water quality impairment.

Just like we do, fish must breathe oxygen to survive. When sewage or nutrients from other sources (such as chemical fertilizers, vehicle emissions, manure and septic systems) enter a waterway, algae thrives creating an algae bloom. After a CSO event, or when sewage or nutrient flows stop, the algae begins to decompose. The decomposition process consumes all the oxygen, lowering D.O. levels and suffocating fish and other aquatic life. This phenomena is known as a deadzone.

DISSOLVED OXYGEN

DEADZONES ARE CAUSED BY LOW DISSOLVED OXYGEN

image credit: Open Sewer Atlas NYC

WATER QUALITY

To ensure fish can survive, D.O. in the water must not fall below 4.0 mg/L at any time and must have a daily average of more than 4.8 mg/L acccording to Clean Water Act regulation.

8 |

S.W.I.M.

WATER QUALITY

Tell DEP it’s not just sewage! Urge them to minimize other sources of pollution. You can also take action by calling 311 to report storm sewer leaks, illegal discharges and sewer hookups; and by keeping streets, sidewalks, and storm drains clear of debris, litter and pet waste.

ILLEGAL SEWER CONNECTIONS | Even when the sewer system is working as designed, on a sunny day a waterbody could be contaminated with sewage or other pollutants if there is an illegal connection to the city sewer system.

These illegal connections are most often found in the City’s separate storm sewer areas. Homes or entire developments are sometimes accidentally or intentionally hooked up to the storm sewer instead of sanitary sewer, resulting in discharge of untreated sewage.

In some cases, the LTCPs proposed so far blame other water pollution sources as major barriers to attaining water quality standards without analyzing or addressing those sources. Beyond CSO, some common sources of pollution are:

• separate storm sewers that leak or overflow

• illegal discharge of sewage through stormwater drains

• areas with no storm drains where stormwater runoff flows over land surfaces directly into waterways (called direct drainage)

• illegal dumping directly into the waterbody

• connected waterbodies that may be polluted: for example, the Hutchinson and Bronx River originate in Westchester County, yet only the portion within the Bronx are analyzed in the Plan

• animal waste from wild birds and pets

The LTCP is set up to only address CSO, which we understand is a major source of pathogens, lowers D.O. and impairs water quality otherwise with solids, litter, oils and other contaminants.

However, CSO it is not the only source of pollution! It is crucial to understand how other sources of pollution and types of stormwater infrastructure may affect water quality in our waterways.

OTHER SOURCES OF POLLUTION

PART 2: THE POLLUTANTSWhat effects water quality beyond CSO?

| 9

S.W.I.M.

POLLUTANTS

NEW YORK CITY’S SEWER SYSTEMS

What pollutants might be affecting water quality in your local waterway beyond CSO?

Much of the city, roughly 40 percent, has a separate sewer system. The Municipal Separate Storm Sewer System (called MS4) is not connected to wastewater treatment plants, which means the stormwater is not cleaned before it discharges into our local waterways. Stormwater off the streets and sidewalks carry animal waste, oils, litter and other things you find in the street directly into the waterways. DEP is in the process of developing Stormwater Management Plans over the next few years to address MS4 issues.

Refer to the map below to determine how much of your watershed is separate sewer or direct discharge areas (in orange). If DEP reduces CSOs alone, will you be able to swim in the water?

Source: Adapted from NYC DEP

SEPERATE STORM SEWERS & MS4THE POLLUTANTS

10 |

S.W.I.M.

POLLUTANTS

DEP’S CHART OF ALTERNATIVES*

TYPE OF ALTERNATIVE

ALTERNATIVE

source control Additional Green Infrastructure High Level Sewer Separation

system optimization Fixed Weir

Parallel Interceptor/

SewerBending Weirs Control Gates

Pump Station

Expansion

cso relocation

Gravity Flow Tipping to Other

WatershedsPumping Station

ModificationFlow Tipping with Conduit/

Tunnel and Pumping

ecological enhancement Floatables Control Dissolved Oxygen Improvement

treatment Outfall Disinfection

Disinfection at Existing

CSO Retention Facility

High Rate Clarification (HRC)

storage In-System Shaft Tank Tunnel

*adapted from Alley Creek LTCP MEETING #3 presentation

INCREASING COMPLEXITY

INCR

EASI

NG

CO

ST

green infrastructure grey infrastructure disinfection

The LTCPs have many sections, but the overall objective is to define how the DEP is going to “control” CSO. The methods proposed by the City for CSO control are called the “preferred alternatives” (also called the “proposed alternatives”). The chart below is a sample of alternatives that you may see presented at an LTCP Public Meeting.

The following pages explain some of the proposed alternatives shown in the chart and outline the questions you should be asking DEP at public meetings about the alternatives.

PART 3: THE PLANHow will water quality be improved?

| 11

S.W.I.M.

PLAN

Urge DEP to control CSO by volume, not only by bacteria counts.

Grey infrastructure usually increases the sewer system capacity. This includes things like: • tunnels• storage tanks (that can hold excess water temporarily)• sewer separation (separating wastewater and stormwater

sewers)• re-routing flow within the sewer system

Green infrastructure uses ecological systems, such as soil and plants, to decrease water from entering the sewer system. This may also be referred to as source reduction and has many additional benefits (more about green infrastructure on the next page).

Remember, there are 25-30 billion gallons of CSO discharges a year. Some waterbodies see 35 CSO events each year. That means that 35 times a year, you can’t even go near the water because it smells so bad - let alone in it!

Reducing CSO will reduce pathogens in the water, in addition to solids, nutrients and litter which also impact water quality. Thus, we’re advocating that the reduction of CSO volume is key.

Typically, you can reduce CSO through green infrastructure, which reduces stormwater at the source, or grey infrastructure, which increases sewer capacity. The other alternative is to treat CSO through disinfection, which does not work towards reducing CSO.

Disinfection usually involves chlorination to kill pathogens and no reduction of CSO volume. Clean water advocates do not favor disinfection (see the Deep Dive on page 14 for more)

WILL THE PLAN REDUCE CSO?

THE PLAN

12 |

S.W.I.M.

PLAN

Green infrastructure (GI) can be used to capture stormwater runoff from rooftops, sidewalks and roads through rain gardens, roadside plantings, green roofs and other constructed green spaces, ultimately preventing it from entering the sewer system and contributing to CSO.

GI has many additional benefits, such as filtering the air, lowering surrounding ambient air temperature, and providing habitat for wildlife. GI can also be distributed throughout the watershed, so those benefits can be spread through many neighborhoods.

DEP, through its Green Infrastructure Plan, has set a goal to install GI to manage the stormwater generated by one inch of precipitation from 10 percent of impermeable surfaces within the combined sewer areas, by 2030.

That means for every 100 acres of impermeable land, 10 acres of stormwater runoff must be managed with GI. The LTCPs assume the GI goals in each watershed will be met but without any details of how.

Urge DEP to explain its plan for Green Infrastructure (GI) in your watershed. Will there be enough GI to capture all the stormwater runoff? What types of GI will be installed and where? How much will it cost? Who will maintain it? If the answers are not in the Green Infrastructure Plan or LTCP, then ask DEP directly.

DOES THE PLAN GIVE SUFFICIENT ATTENTION TO GREEN INFRASTRUCTURE?

photo credit: Kate SeldenGreen infrastructure bioswale in Park Slope

THE PLAN

| 13

S.W.I.M.

PLAN

Urge DEP to consider other alternatives to chlorine disinfection and to advise the public what the possible impacts are for the study they plan to conduct in Jamaica Bay.

As of 2015, the Hutchinson River, Alley Creek and Flushing Creek LTCPs have had disinfection using chlorine as the proposed method to control CSO. Disinfection removes some pathogens, but is toxic to aquatic life and in some instances can be harmful for humans and the environment according to the EPA.

Is a solution that is cost-effective but short term, ecologically harmful, and ultimately doesn’t result in water safe for swimming really the best solution? What are the long term impacts of chlorination?

DEP evaluates the cost of each alternative compared to its performance (CSOs reduced OR disinfected) and chooses the plan with the most cost-effective performance, which tends to be disinfection. Disinfection does not address the root cause of the pollution.

Remember, this is supposed to be DEP’s long term control plan for fishable, swimmable waterways!

DOES THE PLAN SUGGEST LONG-TERM SOLUTIONS?

CHLORINE DISINFECTION | There are multiple ways to disinfect, and this is a common practice for sewage and water treatment. Chlorine disinfection removes some, but not all, pathogens and creates chemical byproducts that could be harmful to human and ecological health. Physical disinfection such as UV or heat

(boiling water) is the safest practice because it will remove all pathogens without introducing harmful byproducts.

DEP will be studying residual chlorine in Jamaica Bay in 2016 and will release the results December 31, 2017. Until then, chlorine disinfection at CSOs has been submitted as the preferred alternative for many LTCPs without understanding of the full impact.

THE PLAN

14 |

S.W.I.M.

PLAN

Urge DEP to integrate the LTCP with other efforts to comprehensively improve water quality, rather than blame other sources of pollution. DEP should work closely with the State DEC to identify MS4 and industrial sources of pollution and

work together to elimate them all! The Use Attainability Analysis, or UAA, is typically found in the Appendix of the LTCP.

WILL THE PREFERRED ALTERNATIVE ACHIEVE YOUR NEIGHBORHOOD’S GOALS FOR WATER QUALITY?

As mentioned in Part 2, even if all the combined sewer overflow is entirely eliminated, the other sources of pollution still have to be addressed in order for a waterbody to be fishable and swimmable.

If the Plan does not result in fishable swimmable water quality, DEP is required to conduct a Use Attainability Analysis (UAA) that examines how the waterbodies are being used and the factors that prohibit meeting the fishable, swimmable standard.

There has been a UAA in every LTCP submitted through 2015. In all of them, pollution from other sources is cited as the reason for non-attainment of fishable, swimmable water quality. Rather than just cite the other sources of pollution as the reason for non-attainment, the LTCPs should be integrated with other water quality improvement plans such as the MS4 Stormwater Management Plan (read more in the Deep Dive below).

USE ATTAINABILITY ANALYSIS | In citing the other pollution sources in the UAAs that have been released so far, DEP has argued for the State DEC to lower the water quality standards for these water bodies.

If the LTCPs were integrated with the Stormwater Management Plan for the MS4 areas of the City, and if DEP and the State DEC worked together to address upstate sources of pollution that impact some of NYC’s waterbodies, some of the sources of pollution could be lessened.

Neither DEP nor the State DEC have proposed how water pollution upstream will be mitigated or integrated with the LTCP.

THE PLAN

| 15

S.W.I.M.

PLAN

Some of the LTCP’s might only recommend “seasonal attainment” of water quality standards, rather than year-round attainment, commonly through seasonal disinfection. Seasonal disinfection means the sewer system will continue to dump raw sewage into the waterbody during the off season – November to May.

Many uses of New York City waters take place beyond just the recreation season. By only aiming for seasonal attainment, the plan dismisses waterbody uses – boating, fishing, educational activities, etc. – that occur outside of the season.

Tell DEP when and how you’re using the water, and advocate for year-round fishable, swimmable water.

DOES THE PLAN ENSURE FISHABLE, SWIMMABLE WATER THROUGHOUT THE YEAR?

What kind of uses do you see in your waterbody, such as boating fishing or wading? When during the year are these activities happening?

Winter kayaking on the East River photo credit: North Brooklyn Boat Club

THE PLAN

16 |

S.W.I.M.

PLAN

IS DEP COMMUNICATING EFFECTIVELY?The LTCP itself is hard to digest, even for our environmental lawyers! At the very least, presentations should be tailored to the audience they are serving, which is typically concerned community organizers, fishing enthusiasts, boaters, or people simply invested in cleaning up our forgotten and neglected community assets.

DEP’s presentations have improved over the years, but could be further simplified for their diverse audiences, so that we don’t get lost in complicated graphs and miss an opportunity to understand the full picture. The complicated, technical information could be supplemented in online technical documents for further reference.

DEP is required by law to have a “public outreach process”, but there is no law qualifying how effective or widespread that process has to be. Showing up for the public meetings and becoming involved in the process in big numbers is a clear way to convey to DEP that people care about their waterbody. We have to both urge and work with DEP to improve their communication to the broader public.

PART 4: THE PUBLIC PROCESSHow is the plan being communicated?

Urge DEP to improve communications and outreach about public meetings, and help DEP by helping to spread the word to your neighbors and local news sources.

DID DEP NOTIFY A BROAD AUDIENCE ABOUT THE PUBLIC MEETING?Public meetings are not always held in the easiest places to get to or at the most convenient times for everyone. DEP’s communication channel is fairly limited, and their notifications are usually only in English. It’s up to us to ensure that our neighbors are informed about the public meetings, attend them whenever possible, and that as many people as possible take part in the City’s public presentation of their proposed plans.

| 17

S.W.I.M.

PUBLIC PROCESS

CONSENT ORDER: A legally binding agreement between two parties. The 2012 CSO Consent Order between the State DEC and DEP requires DEP to develop 10 waterbody specific and one city-wide LTCP to reduce CSO using a hybrid green and grey infrastructure approach.

CSO - COMBINED SEWER OVERFLOW: Mix of stormwater and raw sewage that overflows into local waterbodies when it rains. A CSO event can happen with as little as 0.1 inches of rain over the course of one hour.

DEP- NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION: The city agency responsible for water and sewer infrastructure.

DISINFECTION: Sewage treatment that kills pathogens, usually using sodium hypochlorite - a concentrated form of household bleach.

D.O. - DISSOLVED OXYGEN: The amount of oxygen available in the water column that fish and marine creatures rely on for survival. It is used as an ecological health indicator.

EPA – ENVIRONMENTAL PROTECTION AGENCY: The federal agency that regulates the Clean Water Act, ensuring that all coastal waterbodies meet fishable, swimmable water quality standards.

FECAL INDICATOR BACTERIA: Bacteria used in water quality testing to estimate how much fecal contamination is in a waterbody. These bacteria help detect if there may be pathogenic bacteria in the waterways that may cause gastrointestinal illnesses or other irritations.

GI - GREEN INFRASTRUCTURE: Constructed urban green spaces designed to capture stormwater runoff, such as rain gardens, roadside plantings, and green roofs.

GREY INFRASTRUCTURE: Built structures to capture and treat stormwater and sewage after it has already entered the sewer system.

IMPORTANT TERMS

18 |

S.W.I.M.

IMPORTANT TERMS

LTCP - LONG TERM CONTROL PLAN: Under a consent order with the State DEC in 2012, the City DEP must develop plans to control CSO using grey and green infrastructure. These plans will be reviewed and approved by the State DEC. These plans are part of the Clean Water Act requirements.

PATHOGENS: Disease-causing organisms found in sewage, such as Cryptosporidium or Giardia. Common bacteria such as fecal coliform and enterococcus are used to indicate the potential presence of these pathogens

PREFERRED ALTERNATIVE: The solution the LTCP proposed to control CSO. It may also be called a proposed alternative in the plan.

PRIMARY CONTACT: Any water-based activity where ingestion or exposure to pathogens is possible. This by definition includes swimming or wading, and in reality includes boating, especially human-powered boating.

SEWERSHED: The area served by a wastewater treatment plant. For example, the area with sewer lines connected to the Newtown Creek Wastewater Treatment Plant are in the Newtown Creek Sewershed.

STATE DEC - NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION: The State agency that regulates the city DEP and addresses other matters such as hazardous material spills and brownfield sites. The State DEC is overseen by the Federal EPA.

STORMWATER: Rainwater. In nature, rainwater infiltrates into the soil. In an urban setting, its runs off of these impervious surfaces into stormwater or combined sewers.

UAA - USE ATTAINABILITY ANALYSIS: An examination by DEP of whether waterbody standards should be adjusted by the State DEC using a water quality assessment and evaluation of existing uses.

WATERSHED: The area of land where all of the rain that falls on it drains to the same waterbody, such as a river or creek. For example, the Bronx River Watershed is the land area where all rainfall drains to the Bronx River.

IMPORTANT TERMS

| 19

S.W.I.M.

IMPORTANT TERMS

Stormwater Infrastructure Matters (S.W.I.M.) is a coalition of 70 member organizations dedicated to ensuring swimmable and fishable waters around New

York City through natural, sustainable stormwater management practices. For more information about the plans and to get involved with our outreach program

contact us and follow us at: swimmablenyc@gmail.com and @SWIMcoalition

Workbook revised January 20, 2016. The most recent version can be found at www.swimmablenyc.org .