Newtown Creek Considered for Superfund Status

Would Initiate Federal Cleanup of Toxic Waterway

By Conor Greene

The Environmental Protection Agency is considering the heavily polluted Newtown Creek for Superfund status, which would allow federal authorities to move forward with a long-awaited cleanup of the waterway, which runs between Brooklyn and Queens.

The EPA announced last week that officials have nominated the 3.8-mile stretch of creek, which separates Greenpoint and Maspeth and is considered the most polluted waterway in the city, for its National Priorities List. Doing so would allow the EPA to build on the extensive sampling of the creek that has already been completed.

“Newtown Creek is one of the most grossly contaminated waterways in the country,” said Acting Regional Administrator George Pavlou. “By listing the creek, EPA can focus on doing the extensive sampling needed to figure out the best way to address the contamination and see the work through.”

Designating the Newtown Creek as a Superfund site would allow the EPA to use taxpayer money to fund a cleanup, and to charge individuals responsible for causing the pollution as well as current property owners. The site’s contamination includes a 30-million gallon oil spill discovered by a Coast Guard helicopter in 1978 that has been found across 55 acres, including beneath area homes and businesses.

The spill, which is three times larger than the Exxon Valdez incident, has been lamed on the area’s industrial past, which at one time saw more than 50 industrial facilities along the banks, and on a 1950 industrial explosion. Currently, ExxonMobil and several other companies are working with the federal government on programs to remediate portions of the spill.

News that the creek is being considered for Superfund status was welcomed by two of the area’s representatives in Congress, Anthony Weiner (D-Forest Hills) and Nydia Velazquez (D-Brooklyn), who have fought for years to direct federal resources to clean the area up. In a press release, Weiner noted that the area surrounding the Newtown Creek is home to more than 446,000 residents and a number of schools, parks and hospitals.

“I am pleased to see that while the oil companies lag in their cleanup responsibilities and put the health and safety of Newtown Creek’s residents at further risk, the EPA has decided to take action and hold these companies responsible for their negligence,” said Weiner. “Newtown Creek is the single most polluted waterway in New York City, a legacy left by more than a century of heavy industrial activity.”

In the mid-1800s, the area adjacent to the creek was one of the busiest hubs of industrial activity in the city, with dozens of oil refineries, petrochemical plants, fertilizer and glue factories, sawmills and lumber and coal yards. In the early 1990s, the state determined that Newtown Creek was not meeting water quality standards under the Clean Water Act.

Since then, the EPA has worked to collect data from the entire length of the creek that has been used to determine the actual extent of the pollution. Various sediment and surface water samples taken along the creek have revealed the presence of pesticides, metals, PCBs and volatile organic compounds, which are potentially harmful contaminations that can easily evaporate into the air.

Now that the site has been nominated to the National Priorities List, a 60-day public comment period has begun. If the area is designated a Superfund site, a four-step process will be initiated to clean up the area. The site would first undergo immediate stabilization to stop any immediate threats to the community, before the EPA performs a comprehensive investigation of the site and analyzes clean up options. The EPA would then develop a plan to clean up the site, which would be carried out by the agency or by responsible parties the federal government could force to do the work.

“The contamination in and around Newtown Creek is of catastrophic proportions and Greenpoint residents have suffered the consequences for too long,” said Velazquez. “Inclusion in the EPA’s National Priorities List may help determine the best approach for cleaning up the creek. As the process continues, I look forward to examining the data as well as working with federal, state and city officials to identify a comprehensive plan to reclaim the pride of Brooklyn’s waterfront and protect New Yorkers.”

Company Accused of Illegal Dumping at Newton Creek

Riverkeeper, Gioia, Plan Lawsuit Against LIC Supply Co

By Conor Greene

A local City Councilman and environmental watchdog group are planning legal action against a Long Island City concrete manufacturer they claim illegally dumped waste into the Newtown Creek.

The environmental group Riverkeeper and Councilman Eric Gioia (D-Sunnyside) announced they have filed a notice of intent to sue NYCON Supply Corporation for discharging concrete waste into a tributary of the heavily-polluted Newtown Creek.

Riverkeeper, an independent organization dedicated to protecting waterways throughout the city, claims it observed NYCON employees dumping concrete waste into the Dutch Kills tributary of Newtown Creek without required Clean Water Act permits. The group also claims the company left piles of gravel and layers of concrete on the riverbed adjacent to the company’s facility.

The group filed a notice of intent last Thursday to sue NYCON, claiming the recent instance of dumping constitutes “an imminent and substantial endangerment to health and environment under the Resource Conservation and Recovery Act, which is the nation’s primary law governing the disposal of solid and hazardous waste.

“The pollution issues confronting Newtown Creek and other waterways surrounding New York City cannot be fully addressed without enforcing environmental laws and holding polluters accountable for their actions,” said Riverkeeper Investigator Craig Michaels. “We will continue to work with elected officials and government agencies to track down and protect environmental lawbreakers who threaten the environmental and public health of our communities.”

Both the Clean Water Act and the RCRA allow citizen groups to sue polluters, subjecting violators to up to $32,500 in penalties per day for each violation.

“For too long, Newtown Creek has been the forgotten waterway of New York City, and polluters have taken advantage by dumping with impunity,” said Gioia. “We’re here today to send a strong message that we will not stand for more dumping and more pollution in the creek. Polluters beware: we are watching, we are vigilant, and we will go after you.”

The Newtown Creek is a three-mile long tributary of the East River separating Brooklyn and Queens. It was the site of a 17-million gallon oil spill in 1950, which continues to be the center of numerous lawsuits against Exxon-Mobil by environmentalists and lawmakers. Pollution at the site dates back to the 1870s, when dozens of refineries were located along the creek banks.

The creek was recently identified by the federal Environmental Protection Agency as a contaminated area warranting further study for possible inclusion in the Superfund program.

Feds Agree to Study Newtown Creek Spill

Could Lead to Superfund Designation

By Conor Greene

Two local lawmakers are one step closer to having the Newtown Creek included in the national cleanup program. The federal Environmental Protection Agency has agreed to conduct testing at several sites along the creek, which could lead to its inclusion in the Superfund program.

Representatives Anthony Weiner and Nydia Velazquez, both Democrats who represent parts of the area surrounding Newtown Creek, had called on the EPA to test the area to see if it warranted inclusion in the federal Superfund program. Doing so could lead to millions of dollars in funding for the cleanup and allow the federal government to hold the companies causing the contamination responsible.

The creek is a 3.5-mile waterway running between Greenpoint, Brooklyn and Maspeth, Queens. It is known as the city’s most heavily polluted waterway and was the site of a huge oil spill in 1950.

This week, Weiner and Velazquez’s offices released a letter from Alan Steinberg, regional administrator at the EPA, informing them that agency will work with the state Department of Environmental Conservation, which is conducting its own cleanup of the creek, to determine what chemicals are present there.

“To address your concerns regarding testing of the abovementioned properties (Phelps Dodge, BCF Oil, Quanta Resources and National Grid), and to define the nature and extent further of the hazardous substances that may be present… EPA will review existing information from ongoing and past environmental investigations,” he wrote.

Following the review of the investigations, the EPA will “develop a sampling plan” to fill in any gaps in data that may be needed to determine whether the Newtown Creek is accepted into the Superfund program. “We anticipate that this effort will take approximately six months to complete. Once the data are collected, EPA will evaluate what additional actions, if any, may be warranted in accordance with CERCLA,” wrote Steinberg. CERLA stands for the Comprehensive Environmental Response, Compensation, and Liability Act, which was the 1980 law creating the Superfund program.

Steinberg notes in the letter, dated August 15, that the state DEC “has investigated a number of sites in this area… that are potentially contributing to the contamination in Newtown Creek… As you know, a major impact on Newtown Creek is associated with oil releases that are being addressed through state enforcement and oversight of cleanup efforts conducted by private parties.”

The state cleanup effort involves an agreement reached with ExxonMobil forcing the company to clean up about 17 million gallons of oil that leaked into the ground and water when a tank exploded in 1950. The spill was discovered by the Coast Guard in 1978, and to date about half of the spill has been cleaned up.

Basil Seggos, chief investigator for Riverkeeper, said the announcement means “a restored Newtown Creek is within reach.” The EPA’s resources “will prove indispensable in protecting the creek and its surrounding communities from a legacy of toxic dumping,” he said.

Weiner called the EPA’s commitment to test the sites “a big win” for residents living near the creek. “These tests will help us find answers to basic questions about the spill’s health and environmental risks, giving this environmental disaster the national attention it deserves.”

In other news related to Newtown Creek, the Brooklyn District Attorney’s office announced recently that an Appellate Court judge has ruled that a case against a cement company accused of illegal dumping can move forward.

In 2005, Brooklyn DA Charles Hynes charged Constantine Quadrozzi and his company, Quality Concrete of Metropolitan Avenue with violating multiple provisions of the state Environmental Conservation Law and with dumping hazardous materials into the creek.

A Brooklyn Supreme Court Justice later dismissed the entire indictment after ruling that Hynes lacked the authority to prosecute cases under the Environmental Conservation Law without the involvement of the state DEC and that there was insufficient evidence to support the charges.

Following an appeal filed by Hynes’ office, the Appellate Division rejected those conclusions and reinstated all of the charges contained within the appeal, the district attorney announced on August 21.