Relates to the filling of the Jamaica Bay borrow pits.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to the filling of borrow pits in Jamaica Bay
PURPOSE: This bill seeks to prohibit the use of certain materials for the purposes of filling pits in the Jamaica Bay.
SUMMARY OF PROVISIONS:
Section 1: Outlines in detail the specific process of dredging and explains what the three categories of sediment. are as defined by the United States EPA. This act would prohibit the NYS DEC from authorizing the us Army corps of Engineers or any other organization from using materials from categories 2 and 3.
Section 2: Will amend Chapter 233 of 1979 subdivision 1 of section 15-0505 and add subdivision 3-a to prohibit local public corporations or interstate authority from excavating or placing fill below the mean high water level in any of the navigable waters of the state, this section then goes on to define exactly what will constitute as acceptable "fill" or dredged material. This subdivision also prohibits the NYS DEC from filling in the Jamaica Bay borrow bits with anything from section 2-3. Section 3: Sets the enacting date.
EXISTING LAW: Chapter 233 of 1979.
JUSTIFICATION: Due to the increase in vessel size, New York State waterways such as channels and harbors are. being excavated to maintain sufficient depth for safe and efficient vessel operations. This process is called "dredging" and it is done by the US Army Corps of Engineers. This material is naturally accumulated sediments; however, due to run off even this sediment gets contaminated. What this bill seeks to do is prohibit the NYS DEC from authorizing the US Army Corps of Engineers or any other organization from using hazardous materials in the filling of the Jamaica Bay borrow pits.
LEGISLATIVE HISTORY: 2012 S.7086A Referred to Environmental Conservation Committee
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3392 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation 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, concreteEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00026-01-3 S. 3392 2
or metal, (2) bulkheads and cofferdams of timber sheeting, bracing and 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) HAVE NO POTENTIAL SHORT-TERM (ACUTE) IMPACTS OR LONG-TERM (CHRON- IC) IMPACTS; AND (4) REQUIRE NO SPECIAL PRECAUTIONARY MEASURES ARE REQUIRED DURING DISPOSAL. S 3. This act shall take effect immediately.