S T A T E O F N E W Y O R K
________________________________________________________________________
2590
2023-2024 Regular Sessions
I N A S S E M B L Y
January 26, 2023
___________
Introduced by M. of A. COLTON -- Multi-Sponsored by -- M. of A. COOK,
GLICK -- 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. IN FILLING THE GRAVESEND 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, OR ACUTE, IMPACTS OR LONG-TERM, OR
CHRONIC, IMPACTS; AND
(4) REQUIRES NO SPECIAL PRECAUTIONARY MEASURES ARE REQUIRED DURING
DISPOSAL.
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2028.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00892-01-3