A9871A-2011 Actions

• Jun 14, 2012: REFERRED TO RULES
• Jun 14, 2012: delivered to senate
• Jun 14, 2012: passed assembly
• Jun 14, 2012: ordered to third reading rules cal.217
• Jun 14, 2012: rules report cal.217
• Jun 14, 2012: reported
• Jun 13, 2012: reported referred to rules
• Jun 6, 2012: print number 9871a
• Jun 6, 2012: amend (t) and recommit to environmental conservation
• Apr 19, 2012: referred to environmental conservation

A9871A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 9871--A
 I N  ASSEMBLY
 April 19, 2012
 
 Introduced  by  M.  of A. GOLDFEDER, COLTON -- read once and referred to
 the Committee on Environmental Conservation --  committee  discharged,
 bill  amended,  ordered  reprinted  as amended and recommitted to said
 committee
 

AN ACT to amend the environmental conservation law, in relation  to  the
 filling of borrow pits in Jamaica Bay
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Legislative intent. Due to the increase in vessel  size  in
 recent  years, New York State waterways such as channels, berthing areas
 and harbors are being excavated in a process known as dredging to  main
 tain sufficient depth for safe and efficient vessel operation.
 Dredged  material  is  naturally  accumulated  sediment,  much  of the
 dredged material does  contain  some  contaminants  at  varying  concen
 trations.
 Jamaica  Bay  was  dredged to supply soil for a number of construction
 projects. This process created borrow pits in the  bay.    These  borrow
 pits have been identified as an attractive alternative for the disposing
 of dredge material.
 

S  2.  Subdivision 1 of section 15-0505 of the environmental conserva
 tion law, as amended by chapter 233 of the laws of 1979, is amended  and
 a new subdivision 3-a is added to read as follows:

 1.  No  person, local public corporation or interstate authority shall
 excavate or place fill below the mean high water level  in  any  of  the
 navigable  waters  of the state, or in marshes, estuaries, tidal marshes
 and wetlands that are adjacent to and contiguous at any point to any  of
 the  navigable  waters  of the state and that are inundated at mean high
 water level or tide, without a permit issued pursuant to  subdivision  3
 of  this  section. For the purposes of this section, fill shall include,
 but shall not be limited to, earth, clay,  silt,  sand,  gravel,  stone,
 rock,  shale,  concrete  (whole  or  fragmentary), ashes, cinders, slag,
 metal, DREDGED MATERIAL or any other similar  material  whether  or  not
 enclosed  or  contained by (1) crib work of wood, timber, logs, concrete
 or metal, (2) bulkheads and cofferdams of timber sheeting,  bracing  and
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15200-04-2
 
       A. 9871--A                          2
 piling or steel sheet piling or steel H piling, separated or in combina
 tion.  Nothing contained in this section is intended to be, nor shall be
 construed  to  limit,  impair  or affect the memorandum of understanding
 which  any  state department enters into with the Department of Environ
 mental Conservation or the general powers and duties of  the  Department
 of Transportation relating to canals or the general powers and duties of
 the Department of Environmental Conservation relating to flood control.
 3-A.  IN  FILLING  THE JAMAICA BAY BORROW PITS THE DEPARTMENT MAY ONLY
 GRANT A PERMIT IF THE PROPOSED SEDIMENTS AND  FILL  MATERIALS  MEET  THE
 FOLLOWING CRITERIA:

 (1) COMPLY WITH FEDERAL UNRESTRICTED OCEAN DUMPING CRITERIA;
 (2) HAVE BEEN TESTED AND TEST RESULTS INDICATE NO UNACCEPTABLE TOXICI
 TY OR BIOACCUMULATION IN BIOLOGICAL TEST SYSTEMS;
 (3) HAS NO POTENTIAL SHORT-TERM (ACUTE) IMPACTS OR LONG-TERM (CHRONIC)
 IMPACTS; AND
 (4)  REQUIRES  NO  SPECIAL  PRECAUTIONARY MEASURES ARE REQUIRED DURING
 DISPOSAL.
 

S 3. This act shall take effect immediately.

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