Water Watch NYC

Everything you need to know about water in NYC.


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Mayor de Blasio Assigns DEP Acting Commissioner

imageMayor de Blasio appointed Vincent Sapienza as acting Department of Environmental Protection Commissioner earlier this month to replace the departing Emily Lloyd. Sapienza has been dragged to the front row as a figurehead representing the DEP after maintaining a non-political post in charge of the DEP’s infrastructure.

The boots Sapienza will be stepping into will no doubt be muddy. Emily Lloyd left behind a number of major challenges that need to be addressed immediately.

The first challenge is the absence of the water rate increase. For the first time since 1995, the water rate increase was revoked by court.   How will the Water Board balance its budget if New York City citizens won’t be charged more for water? This is great news for the people but what will happen to the dynamics of political funds?

Another challenge Sapienza will duel with are concerns the Multi-family Conservation Program (MCP) applications. MCP allows flat-rate billing of water bills for buildings with four or more apartments. The MCP program can help save water but thousands of MCP applications are backed up and the MCP guidelines are being ignored. Is the DEP withholding from processing these applications because they know they will lose money?

These problems presented require a permanent commissioner, not from an acting commissioner.  I strongly urge Mayor de Blasio to appoint Vincent Sapienza to be the permanent DEP commissioner so these issues can be dealt with. This is a time of crisis for the DEP, the DEP’s reputation and trust from the people are at stake and we need someone with a firm grip on the steering wheel, not an acting commissioner.

 


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Goodbye DEP Commissioner Emily Lloyd

After over forty years of public service to the City of New York, DEP’s Commissioner Emily Lloyd has taken a definitive leave of retirement due to her medical condition.

We at Ashokan greatly thank Emily for her services to the public and for her contributions to the people of New York City. Emily has worked as the DEP’s Commissioner for two terms; the first during Mayor Bloomberg’s reign and now under de Blasio’s governing hands. Her efforts have and ensured that all NYC residents have access to the cleanest water in the eastern seaboard.

Ex-Commissioner Lloyd has an outstanding history of serving the public. She has held positions such as the Commissioner of Sanitation and as President of the Prospect Park Alliance. Ms. Lloyd’s efforts has done so much for the people of New York throughout her career in order to ensure the protection and maintenance of the city’s recreational areas.

We all wish her a warm goodbye and the best with her recovery in the future.


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Victory for Taxpayers of New York

Just short of a week ago, Supreme Justice Carol Edmead voided the Water Board and City Hall’s authority to impose a water rate hike for this year as well as terminated the program to reimburse small homeowners on their water bill credit.

Citing unfair and preferential distribution of funds, the city of New York and the Water Board were stopped in their tracks by the people of New York.

Thanks should be given to Joseph Strasburg of the Rent Stabilization Association who fought against City Hall and the Water Board for this win for the people of New York.

Further applause should be given to Justice Edmead who is protecting the taxpayers of New York and our fragile water system from the greedy hands of politicians.


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Ten Ways to Save the DEP – #3: Stop Using the Water Board to Bypass Contract Bidding

Like every government agency, every so often the DEP needs to outsource some of its work. They need studies done to determine the efficiency of their procedures or they need construction done on new or existing facilities.

The fact that some of their work is outsourced actually should benefit the public. We don’t need the costs of training and maintaining additional DEP staff worked into our water/sewer rates. What we pay for water is already high enough. Let the DEP worry about being the best at distributing water to New York City and let them pay others to be the best at other things, like environmental impact studies and rate analysis studies.

Considering how often work is outsourced, it’s a good thing government agencies have a system in place to ensure that the outsourcing is executed fairly and efficiently. Whenever work needs to be outsourced the DEP puts out a Request for Proposals (RFP) and anyone interested responds in writing with what they can do to complete the work and how much they’ll charge to do it. The DEP now has to look at two things in each bid: 1) Can this company complete this job effectively? and 2) who will do it for the least amount of money?

After all, it is our money that these government agencies are throwing around. Following the rules above ensures that they’re not abusing that right.

If only this was how the DEP obtained their contracts. Steven Lawitts, Emily Lloyd and other past DEP commissioners found a way to bypass the contract bidding process and they milked it for all it was worth.

The purpose of the Water Board is to be a regulatory agency, constantly monitoring the DEP and keeping them in line. After all, the DEP’s capital budget is over $1 billion. Someone’s gotta make sure all that money is being used correctly. Ideally, as a regulatory agency, the Water Board should be watching everything the DEP does and telling them where they’ve overstepped their bounds. In actuality what the Water Board does is back up and support every action that the DEP takes.

Since the Water Board controls the DEP’s finances and blindly supports their every move, it stands to reason that all the DEP has to do is ask the Water Board for money for a specific project and the Water Board will hand it to them with a big smile on their faces. So instead of finding the company that will complete a job most effectively for the least amount of money, they just pick the company they want to work with and ask the Water Board to give them any amount of money they ask for without any regard for whether or not they’re the right people for the job.

This is how we got ourselves into the current Booz Allen Hamilton rate study mess. Years ago (under former DEP Commissioner Emily Lloyd), the DEP asked the Water Board to pay BAH to audit its customer service and collections procedures. BAH came back (after asking for more money and turning in their report after the deadline) and said that in order to maximize collections the DEP needed to perform a rate study. Then they got the DEP to hire them (without putting out an RFP) to perform that rate study. They released their results a couple of weeks ago and they are woefully lacking.

Let’s break down the string of failures here, shall we? Audit of customer service and collections procedures goes straight to BAH without an RFP – failure #1. BAH asks for more money (which they get) and turns in the report late – failure #2. BAH report’s only conclusion is that to increase collections BAH should be hired again for more money to perform a rate study – failure #3. Rate study goes straight to BAH without an RFP – failure #4. Rate study comes back with no analysis or conclusions – failure #5.

So where we started with a simple, minor problem–the DEP giving a small contract to BAH without letting others bid on it–now we have a major problem in that we’ve shelled out millions of dollars for a report with no conclusions or recommendations. The original contract may have been small but because of it we ended up with bad advice and a poorly run agency!

At a recent Water Board hearing, Chairman Alan Moss asked if one of these days newly appointed DEP Commissioner Caswell Holloway could be brought in on a hearing. Moss’s reasoning behind the request? He wanted to assure Holloway in person that the Water Board is behind the DEP 100%. Does that sound to you like the right attitude for a regulatory agency to have?

Maybe if the Water Board started actually auditing the DEP’s expenses and maybe if the DEP stopped using the Water Board to bypass contract bidding, there wouldn’t be so much wasteful spending with our money.

[CORRECTION – 3/3/10: The assertions above, that the Booz-Allen contracts were obtained without competition, are incorrect. The public records indicate that the Booz-Allen contracts were procured through a competitive Request for Proposal process. The Water Board’s website posts the official minutes from past Water Board meetings. The minutes from the June 2008 meeting summarizes the competitive process the Water Board used to award the Booz-Allen contract.

We apologize to the DEP, Water Board and the public for the error .]


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The Delaware Aqueduct Leak

The 85-mile long Delaware Aqueduct, which is the longest continuous tunnel in the world, provides New York City with about half of its drinking water and as residents of Wawarsing, New York know all too well, it has been leaking for about twenty years. Your average New Yorker doesn’t know this, so why does everyone in Wawarsing? The answer is simple: It’s leaking into their homes and yards.

Unfortunately, little can be done at this point to actually fix the leak. There is no system providing any redundancy to the Delaware Aqueduct, which means that if the water was drained from the Delaware Aqueduct’s water tunnels in order to fix the leak, there would be no other system to carry the Delaware Aqueduct’s water to NYC and New York’s water supply would be cut in half.

Autonomous Underwater Vehicle (AUV)

Autonomous Underwater Vehicle (AUV)

A lot has been done to try and understand the leak. For example, in June, 2003 a self-propelled, submersible Autonomous Underwater Vehicle (AUV), specially designed by the Woods Hole Oceanographic Institute, was sent to survey the damage to the Rondout-West Branch Tunnel, where the aqueduct is currently leaking. The AUV was underwater for 16 hours, captured 160,000 digital images and measured the tunnel’s pressure and velocity. Although first thought to be a success, it turned out that the untethered vehicle passed through the tunnel too quickly to obtain any useful information.

Unfortunately, all we are left with are guesses and estimations. For years, the DEP has been estimating the leak’s loss of water at about 36 million gallons per day. For a recently published press release stating this figure, click here and scroll down a little more than halfway.

Sure, 36 million gallons of water a day is a lot of water and something needs to be done about this, but the point I would like to make here is not about the magnitude of the leak. The point I would like to make is about the DEP and the way they are handling educating the public about this leak. I already mentioned that the average New Yorker knows nothing about it, which is one way in which they’ve failed but it appears that they’ve also been spreading misinformation.

Here is an example: In this New York Times article from 2000, “the city acknowledged the leak” of “about 35 million gallons of water… flowing every day out of cracks in the Delaware Aqueduct…

but the city said that the leak, which represents 3.2 percent of the Delaware Aqueduct flow, was relatively minor and that the risk of further damage was slight. Charles G. Sturcken, a spokesman for the city’s Department of Environmental Protection, said the amount of water escaping from the aqueduct every day was equal to the amount from seven open fire hydrants.”

There are two things I’d like to take issue with here. The first is that in this press release, the DEP claims that “one illegally opened hydrant wastes up to 1,000 gallons of water per minute.” Let’s do the math: 1000 gallons of water per minute x 60 minutes in an hour x 24 hours in a day means that one open fire hydrant uses 1.44 million gallons of water per day and seven open fire hydrants use 10.08 million gallons of water per day. Therefore, a 36-million gallon a day leak does not by any means equal seven open fire hydrants. QED.

There is a bigger issue here. In the above New York Time article, the city said that the leak “was relatively minor and that the risk of further damage was slight.” Additionally, the first press release that I linked to claims that “monitoring has shown that the leakage rate is stable and has not grown.” In 2007, the New York State Comptroller’s office released this report that claims (in the first column on page two, in the section “Audit Results – Summary”) that “over the past 18 years the estimated amount of water leakage during full tunnel flow has increased [emphasis mine] from 15-20 to 30-35 million gallons of water per day.”

Isn’t this good news, you ask. We thought that we’ve lost 36 million gallons of water per year for over 20 years as the DEP claimed but now we see that we’ve only been losing that much water for less than five years. Sure, that part of it is good news. But it also means that the leak is growing. So not only are we going to be losing more than 36 million gallons per day in the future, no efforts are being made to fix this leak!

To be fair, Anthony DePalma of the Times asked former DEP Commissioner Emily Lloyd about this report when it came out. “She said it is probable that the earlier estimate of the size of the leak was inaccurate and that the true amount of water that was being lost in 1992 was about the same as today” (full article here).

I bring this issue up because it is exactly why this blog was started in the first place. The DEP has been getting away with too much for too long. The public needs needs to be educated about what’s going on so that we can make sure that our government agencies are working for us.


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New Acting DEP Commissioner Appointed

The DEP’s Deputy Commissioner, Steve Lawitts (who, if you remember, was biking through Amsterdam when former Commissioner Emily Lloyd announced her resignation), has been appointed Acting Commissioner of the DEP.

He previously worked for the Department of Sanitation and currently retains his post as Executive Director of the Water Board. (UPDATE 4/21/09: He is also a board member on the Municipal Water Finance Authority. Now all he has to do is get elected mayor and he could control every aspect of water in NYC!)


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DEP Commissioner Emily Lloyd Resigns

I just returned from a Water Board meeting where I received independent corroboration of a tip that I received on Wednesday: Emily Lloyd, Commissioner of the Department of Environmental Protection, has indeed resigned.

Lloyd became DEP Commissioner back in 2005. Prior to that she had been Commissioner of the Department of Sanitation, director of business development at the Port Authority of New York and New Jersey and commissioner of traffic and parking for the city of Boston.

In the private sector, she had been executive vice president for government and community affairs and for administration at Columbia University. She leaves the DEP to go back into the private sector; she’s been hired by Trinity Real Estate either as a CEO (the New York Daily News reports) or as a COO (the New York Observer Reports).

(UPDATE 1/29/09: Recently approved Water Board minutes confirm that Lloyd has taken the position of Chief Operating Officer, as the New York Observer has reported.)

There is no indication that she was forced out of her position.

As all this is going on, the DEP’s Deputy Commissioner, Steve Lawitts, is biking through Amsterdam.