Navigating the Regulatory Challenges of the Gowanus Canal Superfund Site

The City of New York (City) is required to construct two CSO facilities along the Gowanus Canal to intercept sewage and stormwater before it overflows into the Canal during wet weather events. Unlike other CSO facilities that have been constructed or plan to be constructed in the City, this project is not required by the Clean Water Act, rather the project is required to be completed per an Administrative Order between the City and the United States Environmental Protection Agency (EPA) in response to a Superfund Record of Decision (ROD). The ROD requires the dredging and removal of contaminated sediment that resulted from years of industrial use along the banks of the Canal. The CSO facility is being constructed to prevent the recontamination of the Canal after it is dredged. As an initial step in the process, the City undertook a Siting Study to evaluate the infrastructure needed to achieve the targeted solids load reduction and used the findings from the Study to engage in follow-on negotiations with the EPA to develop a reasonable and prudent Settlement Agreement for the design and removal action associated with the tank.