Phase One of Newtown Clean-Up to Begin

Could one of the nation’s most polluted waterways be headed towards becoming environmentally clean? The answer at long last is “yes,” now that an agreement has been reached between the US Environmental Protection Agency (EPA) and six of the parties responsible for cleaning up the contaminated Newtown Creek. The deal clears the way for the first phase of the Superfund cleanup of the Creek, specifically an investigation of the pollution and a study to determine options to dispose of the contamination.

Under the Superfund program, the EPA addresses hazardous waste sites by compelling responsible parties to perform cleanups or to reimburse the government for EPA-led cleanups.

“Newtown Creek is one of the most polluted urban water bodies in the country, and EPA is committed to making sure this waterway receives a thorough cleanup,” said EPA Regional Administrator Judith Enck. “This agreement is an important step that will provide a comprehensive study of the contamination in Newtown Creek and the development of options to clean it up. The agreement also ensures that the parties responsible for the pollution, not the taxpayer, will foot the bill.” The investigation marks the first comprehensive environmental study of the Creek in its nearly 200 year history as an industrial waterway.

Under the agreement, the six parties responsible for cleaning up the the Creek – Phelps Dodge, BP, Texaco, National Grid and ExxonMobil (united under the moniker Newtown Creek Group) and the City of New York – will conduct an investigation, under EPA’s oversight, to determine the nature and extent of the contamination. The investigation, which is expected to take as long as eight years, will begin later this summer, with an analysis of contamination in the Creek’s sediment, surface water and surrounding air. Following the study, the EPA will oversee an analysis to develop and assess the full range of options for the cleanup.

Assemblyman Joe Lentol lauded the agreement, “This is big, and I am thrilled that the EPA announced the first phase of Superfund cleanup of the Newtown Creek. We need to clean up our waterways so we can re-use them in new ways. This action demonstrates the Federal Administration’s commitment to restoring natural resources. But, it really goes farther than that — it validates that in Greenpoint, Brooklyn we place significant value on keeping our environment clean and that nothing stops us from working toward that goal. We believe in and will work for the redemption of one of the most polluted waters in the nation. I am convinced that this type of conviction will be noticed everywhere and will ultimately spur creative economic growth for our North Brooklyn communities and New York City in general.”

The agreement also requires that the six parties pay the EPA $750,000 for the agency’s previous work at Newtown Creek and reimburse the agency for oversight costs for both the investigation and the study. The EPA anticipates that it will identify, and hold accountable, additional parties responsible for the contamination in the Creek. Congresswoman Nydia Velazquez, who represents a large section of the polluted area, welcomed the agreement. “I commend EPA for moving forward aggressively and developing a framework that ensures polluters are the ones paying to remediate this damaged waterway,” she said.

“[This] announcement means there is a framework and a plan to gather the necessary data from Newtown Creek that will be essential in determining the proper remedial alternatives,” said Bill Cunningham, spokesperson for the Newtown Creek Group.

The New York City Department of Environmental Protection (DEP), the sixth signee of the deal issued the following statement: “More than a century of heavy industrial and commercial use has left a significant environmental toll on Newtown Creek…The city has agreed to join with a number of other parties…to voluntarily commit a total of approximately $25 million to begin the process to reclaim Newtown Creek. Though the process will take time, this cooperative effort will ultimately result in a significantly cleaner commercial water body that can also be enjoyed by the community.”

As part of the Superfund process, the EPA will be organizing a community advisory group, whose role will be to act as a liaison between the community and the EPA. In addition, later this summer, the EPA will hold a meeting with the communities that border Newtown Creek to discuss the Superfund process.

Newtown Creek was added to the Superfund National Priorities List of the country’s most hazardous waste sites in September 2010.

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