State strengthens protections for the Hudson while allowing overwhelming Harlem River sewage pollution
Alongside an historic win for the Hudson, nearly 2 billion gallons of sewage and polluted stormwater runoff to continue entering the Harlem River each year
October 15, 2025
Riverkeeper Team
FOR IMMEDIATE RELEASE
Contacts:
Lewis Kendall, Riverkeeper, lkendall@riverkeeper.org, (914) 478-4501 ext. 238
David Seigerman, Save the Sound, DSeigerman@savethesound.org, (917) 796-6076
Chauncy Young, Harlem River Coalition, chauncyyoung@gmail.com, (212) 203-1171
New York, NY — October 15, 2025: A coalition of New York environmental organizations including Riverkeeper, Bronx Council for Environmental Quality, Harlem River Coalition, and Save the Sound, while celebrating a huge win for the Hudson, is deeply disappointed by today’s New York State Department of Environmental Conservation (NYS DEC) announcement that the agency will allow the continued discharge of nearly 2 billion gallons of raw sewage and polluted runoff into the Harlem River each year.
As part of the ongoing process to update water quality standards for all of New York City’s waterways, today’s NYS DEC announcement includes this devastating news for the Harlem River and the communities that rely on it alongside an historic milestone in the cleanup of the Hudson: setting a new target to make the Hudson River along the Manhattan shoreline safe for swimming.
The agency’s reclassification of the Hudson River along Manhattan as designated for swimming establishes a legal mandate to reduce pollution. Riverkeeper and partners have been advocating for this outcome for more than a decade, and we applaud the state and city’s actions that have improved water quality in the Hudson to the point where a river that is swimmable all the time, even after rain, is within reach.
Simultaneously, this decision suspends Harlem River pollution limits after rainfall — relaxing public health protections at a time when a growing number of New Yorkers are using local rivers and waterfronts for recreation. It also sets an unfortunate precedent for other New York City waterways, signaling the likelihood of similar downgrades in pollution protections across the city.
"Riverkeeper is seeking a future in which every New Yorker can safely enjoy our waterways. While the state is making that possible in the Hudson River, it is allowing pollution — and risk to public health — to continue for the next generation in Harlem River communities that have already borne the brunt of environmental neglect,” says Riverkeeper Legal Program Director Mike Dulong. “The Harlem River and all of New York City's waterways, along with the communities that rely on them, deserve solutions that protect public health and the environment."
“DEC’s Harlem River analysis ignores the Clean Water Act’s firm requirements to continue making progress toward swimmable waters even if the final result can’t be achieved today. If DEC goes forward with its stated intention to apply a similar analysis to other New York City waters, this would include the Upper East River, Bronx River, Flushing Creek, Alley Creek, and Westchester Creek, all of which are part of Long Island Sound and its tributaries. It would falsely declare ‘mission accomplished’ and could lock in billions of gallons of sewage overflow for the foreseeable future without regard to obvious solutions such as increased tunnels, green infrastructure, and Renewable Rikers,” says Roger Reynolds, senior legal director for Save the Sound.
"Bronx Council for Environmental Quality has fought too hard and for too long for combined sewer overflow reductions in the Harlem River to see the current state of stormwater management accepted as is. There is no excuse for a permanent change in the rules. Using funds to clean the Hudson River, without plans for a subsequent CSO reduction for the Harlem River is hard to swallow, and proves that improvement is indeed possible,” says Bronx Council for Environmental Quality President Robert Fanuzzi. “As stewards of the Harlem River quality for over 30 years, Bronx Council for Environmental Quality asks on behalf of our communities: Are we second class citizens? The Harlem River deserves the same protections from the Clean Water Act as any other waterbody, and we are willing to wait and work in good faith with the city and state for feasible and cost-effective stormwater management and pollution control. But that is not what is proposed. Improving Harlem River water quality is not only feasible but imperative and long overdue."
Citing cost, the NYS DEC rejected the proposal to build a tunnel that would route Harlem River sewage discharges to a wastewater treatment plant, and failed to consider less expensive alternatives that would significantly reduce sewage pollution into this NYC waterway and set it on the path to recovery.
Regardless of this rulemaking, it remains within the NYS DEC’s power to implement effective and cost-efficient solutions, including “green infrastructure” such as rooftop gardens that would absorb and clean contaminated stormwater before it enters the waterway, along with sewage capture basins that would prevent millions of gallons of pollution from entering the river.
The Harlem River, which runs through historically marginalized communities, is already among the city’s most polluted waterways. This exemption further entrenches environmental injustice and delays long-overdue investments in clean water infrastructure.
As we celebrate this win for the Hudson, we urge the NYS DEC and New York City to implement sewage infrastructure upgrades in the Harlem River that protect and improve water quality, benefiting public health and the environment for generations to come.
Background
When sewers were built in many older cities and villages, they were designed to carry both household and industrial wastes and street runoff in the same pipes, and these pipes were designed to overflow into waterways around the city when they are overwhelmed by rainfall. These discharges are known as combined sewer overflows (CSOs).
Each year, New York City discharges more than 21 billion gallons of raw sewage from roughly 460 outfalls into local waterways when it rains. These sewer discharges can contain contaminants, including pathogens that can make people sick if they come into contact with the water. The Harlem River watershed is home to some of the most economically disadvantaged communities in the country, and sewer and stormwater discharges worsen the area’s already high pollution burden.
The NYS DEC’s decision — based on New York City’s Use Attainability Analysis and Financial Capability Analysis — allows the Harlem River a “wet weather exemption,” meaning the water quality must be swimmable during dry weather, but the relevant water quality criteria will be suspended following rainfall, when CSOs are discharging. The move to assign the river a “wet weather exemption” would allow for CSO discharges to continue at their current rate for the foreseeable future.
ABOUT RIVERKEEPER
Riverkeeper protects and restores the Hudson River, and safeguards drinking water supplies through community partnerships, science, and law. Our core programs improve water quality, restore habitat for an abundance of life, and address the impact of climate change on our waterways. Founded in 1966 as the Hudson River Fishermen’s Association, Riverkeeper became the model for more than 320 Waterkeeper organizations around the world and helped establish globally-recognized standards for waterway and watershed protection. We continue to work toward the goal of a swimmable, fishable, and drinkable Hudson River for all. Learn more, get updates, and support our work by visiting riverkeeper.org.
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