Nothing I like better than a bleak post industrial landscape.

– photo by Mitch Waxman

Behind the scenes on this whole environmental cleanup thing, there’s a lot of arguing and derision. As you’d imagine, the Government people operate according to a series of byzantine rules and exceptions, as do the so called “PRP” or “Potentially Responsible Parties” who have admitted culpability, and responsibility for, cleaning up the historical mess they’ve created in Newtown Creek. The PRP’s are divided into two camps – one is a consortium of energy companies (National Grid, ExxonMobil, BP etc.) and the former copper refinery Phelps Dodge which have styled themselves as the “Newtown Creek Group” or NCG. The other is the NYC Department of Environmental Protection, or DEP, which despite its name and municipal mission is actually the biggest modern polluter of the waterway itself. The DEP’s sewer plant in Greenpoint is the largest source of greenhouse gases which you’ll find in Brooklyn, accounting for more climate changing emissions than the Battery Tunnel, believe it or not.

NCG and DEP are both on the hook for paying to clean things up on the Newtown Creek, as the agreement they signed with the Federal Environmental Protection Agency (EPA) that defined them as PRP’s was essentially the environmental law equivalent of a plea bargain agreement. As you’d imagine, both sides are trying to point a finger at the other and trying to force them into paying a larger share of the cleanup bill.

– photo by Mitch Waxman

The difference between DEP and NCG, of course, is that the latter are publicly traded corporate entities who can simply pass the cleanup costs on to their customer base. National Grid recently announced a rate hike to its customers in pursuance of this goal. DEP is funded by and is an agency of the City of New York, and is funded by water taxes. No elected official, especially the current Mayor of NYC, wants to announce that taxes are going up so DEP is fighting tooth and nail to appear as an innocent and aggrieved party despite the fact that they signed that “plea bargain” alongside the NCG admitting their culpability. DEP allows in excess of a billion gallons of untreated sewage, per annum, to enter the waterway. I wish I could give you an exact number, but that’s one of the things that everyone is arguing about. If it’s raining, at all, in NYC you’ve got (according to DEP) a 63% chance that their “CSO’s” or “combined sewer outfalls” are belching raw sewage directly into the water.

DEP has argued to the various community organizations that since “chemicals of concern,” as defined in the Superfund “CERCLA” regulations, aren’t being transported in this sewage flow that they’re not even sure why they’re part of the Superfund process. Notably, they don’t do this when EPA is in the room. Speaking as a member of a few of these community organizations, I’ve queried EPA about this, and pointed out that the sewage flow is carrying a literal shit ton of solute and floatable garbage along with it.

– photo by Mitch Waxman

2016 was a pretty disappointing year on the Newtown Creek.

The City DEP is doing everything it can to wiggle out of fixing their mess. Their solution to the billion plus gallons of sewage which carry oxygen eating bacteria into the water is to spend hundreds of millions on an aeration system, which will – in essence – act as an aquarium bubble wand for the sewage. If they get the level of dissolved oxygen in the sewage high enough, they can tell the NY State Department of Environmental Conservation that they’ve solved the problem. The fact that the aeration system will be driven by electric air pumps, which will consume energy and produce greenhouse gases? Well, they’re under an order to increase the dissolved oxygen content of the water. The NYC Department of Environmental Protection is the largest modern source of ongoing water pollution on the Newtown Creek

On the historical pollution side, NCG is talking about using different “solutions” for the various regions of the Creek, which boil down to “dredge” versus “dredge and cap” versus “cap only” scenarios for removing the sediment bed of “Black Mayonnaise” which sits 20-30 feet deep along the waterway. The Black Mayonnaise is a witches brew of petroleum byproducts, coal tar, and everything else that’s ever been deposited in the water. The top layers, which represent about the last fifty years or so, were deposited by the DEP’s sewers, but the stuff at the bottom is industrial waste and spilt products which were manufactured by and belonged to Standard Oil’s refineries, Brooklyn Union Gas’s Manufactured Gas Plant, and Phelps Dodge’s acid factory and copper refinery. ExxonMobil, BP, National Grid etc. are the modern incarnations or inheritors of the energy companies mentioned above. Phelps Dodge acts a bit like a monster hiding under some kid’s bed in a dark room, and maintains a low profile. The oil and gas people are very much present in the conversation, however.

“Dredge and cap” means that the black mayonnaise will be entirely scraped away all the way down to the actual bottom of Newtown Creek, and that a layer of clay and “rip rap” (rocks) will be laid down to seal the bottom off from the water column.” “Cap only” means that the clay and rip rap will be installed OVER the sediment bed, which is a far cheaper scenario. NCG seems to be leaning towards the latter scenario for the extant tributaries like LIC’s Dutch Kills (pictured above), Maspeth Creek, and the East Branch in Ridgewood. This solution is quite a bit cheaper and easier to enact than the dredging one, which is why they’re pushing it, while dressing the plan up as “shoreline reconstruction” and “environmental restoration” in the name of palatability to people like me and my pals at Newtown Creek Alliance.

As mentioned, not a great year on the Newtown Creek.

All sides are offering carrots. I’m fashioning sticks, for use in 2017.

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