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Notice of Document Availability and Public Comment Period

Project Title: 2011 Modification to Order on Consent between the City of New York and the New York City Department of Environmental Protection (NYCDEP) and the New York State Department of Environmental Conservation (NYSDEC), DEC Case # CO2-20000107-8, a.k.a. NYC CSO Order.

DEC Region: 2

Counties: New York (Manhattan), Richmond (Staten Island), Kings (Brooklyn), Bronx and Queens

Lead Agency: NYSDEC, Division of Water, Albany

Brief Description:

In 2005 an Order on Consent was executed between the NYSDEC and the NYCDEP that contains milestones for the completion of various projects and planning documents associated with abatement of Combined Sewer Overflows (CSO) within New York City. Based on additional technical analyses, the parties identified numerous changes to the NYC CSO Order. Pursuant to Paragraphs XVI.A and D.3 of the 2005 CSO Order, the Department is required to public notice “[i]n the event of a substantive and significant modification to the construction compliance schedules provided for in this Order.” The 2011 Modification contains the following significant modifications:

  • Elimination and Addition of CSO Construction Projects:
    • Flushing Bay CSO – add Divert Low Lying Sewers/Raise Weirs, add Regulator Modifications, add Dredging, add Flushing Interceptor.
    • Jamaica Tributaries CSO – eliminate the Expansion of Wet Weather Capacity of Jamaica WPCP, add 48 Inch Parallel Interceptor, add Bending Weirs.
    • Newtown Creek CSO – modify Zone II Aeration to Enhanced Aeration for the Lower English Kills, East Branch, Dutch Kills, and Lower Newtown Creek, eliminate St. Nicholas Relief Sewer / Regulator Modifications, eliminate CSO Storage Facility, add Bending Weirs / Floatable Controls.
    • Westchester Creek CSO – eliminate CSO Storage Facility, eliminate Phase I Influent Sewers, add CSO Relief Structure Modifications, add Parallel Interceptor.
    • Hutchinson Creek CSO – eliminate Phase I Storage Facility, eliminate Future Phases.
    • Jamaica Bay CSO – eliminate 26th Ward Wet Weather Expansion, add High Level Sewer Separation, add 26th Ward WPCP Wet Weather Stabilization, add Green Infrastructure Demonstration Project in 26th Ward Drainage Basin.
  • Modification of CSO Construction Existing Project Milestones:
    • Alley Creek CSO – CSO Retention Facility Construction Completion
    • Outer Harbor CSO – Regulator Improvements – Automation Construction Completion, Port Richmond Throttling Facility Construction Completion
    • Inner Harbor CSO – Regulator Improvements – Automation Construction Completion, Dredging of Gowanus Canal Submittal of All Dredging Permit Applications
    • Flushing Bay CSO – CS4-4 Mechanical Structures Construction Completion
    • Jamaica Tributaries CSO – Meadowmere & Warnerville DWO Abatement Construction Completion, Destratification Facility Notice to Proceed to Construction and Construction Completion, Regulator Improvements – Automation Construction Completion
    • Coney Island Creek CSO – Avenue V Pumping Station Upgrade Construction Completion
    • Jamaica Bay CSO – Hendrix Creek Dredging Notice to Proceed to Construction and Construction Completion
  • Modification of Long-Term Control Plans (LTCPs) Completion Milestones:
    • Alley Creek LTCP: June 2013
    • Gowanus Canal LTCP: June 2015
    • Flushing Bay LTCP: June 2017
    • Flushing Creek LTCP: December 2014
    • Jamaica Tributaries & Bay LTCP: June 2016
    • Coney Island LTCP: June 2014
    • Bronx River LTCP: June 2015
    • Hutchinson River LTCP: September 2014
    • Newtown Creek LTCP: June 2017
    • Westchester Creek LTCP: June 2016
    • City-Wide LTCP: December 2017
    • East River and Open Waters LTCP will be incorporated into the Citywide LTCP.
    • Bergen Basin, Thurston Basin, Spring Creek, Fresh Creek, and Hendrix Creek LTCP will be incorporated into the Jamaica Bay/Tributaries LTCP
  • A commitment of $187 million for city-wide green infrastructure implementation
  • A $200,000 civil penalty for various missed milestones
  • Environmental Benefit Projects in the total $5.15 million for green infrastructure demonstration projects in the Bronx River and Newtown Creek drainage basins and water quality sampling

Document Availability: The following documents are available for the public review:

  • 2011 Modification to NYC CSO Order can be found online at: (DEC website)

    Full copies of the 2005 CSO Order are available in hard copy at the following offices of the Department: Office of the Director of the Bureau of Water Compliance, Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3506, or Mr. Robert Elburn, P.E., NYSDEC, Region 2, 47-40 21st Street, Long Island City, NY 11101.

    Full copies of the CSO Order are also available in hard copy at the following office of the NYCDEP: Eleftheria Ardizzone, Bureau of Communications and Intergovernmental Affairs, 59-17 Junction Boulevard, Flushing, NY 11373. Ms. Ardizzone may be reached at (718) 595-3493.

Explanatory Documents: A CSO Order White Paper providing background on the proposed CSO Order modifications can also be found online at:

Public Comment Period: The comment period commences on October 19, 2011 and concludes on November 18, 2011.

Public Meeting: A public meeting will be held at the NYSDEC Region 2, Annex Building, 11-15 47th Avenue, Long Island City, NY 11101, on November 9, 2011 starting 6:00 pm.

Directions to DEC Annex Building: Take the No. 7 train to the Hunter’s Point Ave. station in Queens. Leaving the station, walk toward the Empire State Building until the first intersection (Hunter’s Point Ave. and 21st Street) and take a RIGHT onto 21st Street. The NYSDEC Region 2 office is the first building across the street on 21st Street (it is tan/brown in color and named “Hunters Point Plaza”). To go on to the Annex Building, head north from the front of 4740 21st Street to the light on Jackson Ave. and make a left onto 47th Avenue.

Driving directions to the main headquarters building may be found at, but there is very limited on-street parking.

Contact Person: Questions and written comments for the record may be directed to Mr. Gary Kline, P.E., 625 Broadway, 4th Floor, NYSDEC, Albany, NY 12233-3506 OR via phone at (518) 402-9655 OR via FAX at (518) 402-9029 OR via email at

More Information

NYC Department of Environmental Protection
Public Affairs

59-17 Junction Boulevard
19th Floor
Flushing, NY 11373

(718) 595-6600