Seeking Swimmable Waters Across New York City

Addressing sewage overflows and upholding the Clean Water Act

Fifty-plus years ago, the Clean Water Act established a goal that “wherever attainable” the nation’s waters be protected for fish, shellfish, and wildlife to propagate, and to provide for conditions suitable for “recreation in and on the water.”

We are still striving toward that standard, known now as “fishable and swimmable.” Especially when it comes to ensuring the strongest water quality standards for New York City waters.

In June, we submitted comments responding to amendments proposed by New York State Department of Environmental Conservation (DEC). DEC’s proposals were part of a process that began in 2017, when we, along with our partners Riverkeeper and Natural Resources Defense Council, filed a lawsuit through Pace Environmental Litigation Clinic asking to compel the EPA to adopt public health-based standards that would override DEC’s inadequate existing standards. Our suit was rooted in the Clean Water Act’s fishable, swimmable standards, and sought to address the massive problem of New York City’s sewer overflows, which result in 20 billion gallons of raw sewage entering coastal waters across all five boroughs every year.

We are pleased with DEC’s proposed standards as far as defining what would constitute water safe for primary contact (swimming, or any activity where you may become submerged in or potentially ingest the water) and secondary contact (kayaking, paddling, boating, etc.). But the proposed amendments failed to apply swimmable standards to all waterbodies. Some would be classified into categories that would set criteria below that level.

That’s unacceptable to us. We will continue to fight for New York City waters to be protected by the strongest possible standards.

Read the 2023 Long Island Sound Beach Report here: savethesound.org/beach-report