S T A T E O F N E W Y O R K
________________________________________________________________________
4814
2019-2020 Regular Sessions
I N A S S E M B L Y
February 5, 2019
___________
Introduced by M. of A. COLTON, CUSICK, CYMBROWITZ, MONTESANO -- Multi-
Sponsored by -- M. of A. COOK, GLICK, RICHARDSON -- read once and
referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
filling of borrow pits in Gravesend Bay; and providing for the repeal
of such provisions upon expiration thereof
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.
Gravesend 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.
§ 2. Section 15-0505 of the environmental conservation law is amended
by adding a new subdivision 3-b to read as follows:
3-B. THE DEPARTMENT MAY ONLY GRANT A PERMIT FOR THE FILLING OF THE
GRAVESEND BAY BORROW PITS IF THE PROPOSED SEDIMENTS AND FILL MATERIALS:
(1) HAVE BEEN TESTED AND THE TEST RESULTS ARE IN ACCORDANCE WITH THE
REQUIREMENTS SET FORTH IN THE DEPARTMENT'S TECHNICAL OPERATIONAL GUID-
ANCE SERIES 5.1.9 FOR THE IN WATER MANAGEMENT OF SEDIMENT AND DREDGE
MATERIAL; AND
(2) MEET THE DEPARTMENT'S CLASS A CRITERIA.
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2024.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03756-01-9