BILL NUMBER: S2602         REVISED MEMO 01/08/2018

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to prohibiting the disposal of dredged spoils containing toxic
pollutants into the waters of the marine district

 
PURPOSE:

Prohibits disposal of spoils containing toxic pollutants into the waters
of the marine district.

 
SUMMARY OF PROVISIONS:

This legislation amends § 17-0503 of the Environmental Conservation Law
by adding a new subdivision 3. "Marine district" is defined in § 17-0501
as the waters of the Atlantic Ocean within 3 nautical miles from the
coast line and all other tidal waters within the State, except the
Hudson River northerly of the south end of Manhattan Island.

 
              

JUSTIFICATION:

The Army Corps of Engineers (COE) has been and is currently exploring a
plan to use underwater pits near the shores of Richmond County and Kings
County to bury dredged material that does not meet federal ocean dumping
standards.

The Army Corps' proposal is to dump millions of cubic yards of highly
contaminated dredged spoils in pre-existing borrow pits located within 3
miles of Coney Island and Staten Island. The material to be dumped
contains elevated levels of Dioxin 2, 3, 7 and 8, TCDD, PVBs, petroleum
hydrocarbons, heavy metals, and arsenic. It has been estimated by the
COE and other responsible agencies that 150 million cubic yards of
contaminated dredged spoils will be disposed of in this manner over a
period of ten years. It has been calculated that from 3% to 5% of this
highly contaminated material will be dispersed into the surrounding
water under calm ocean conditions. Should storms, hurricanes or fast
moving tides be encountered, this loss will be accelerated, creating
high pollution levels in the waters near the fishing and swimming areas
of the Gateway Parks System. The East Bank Shoal area, where one is
located, supports a large and diverse ethnic community which predator
species feed upon. Large schools of striped bass, bluefish, fluke and
flounder migrate across this area throughout the fishing season. The
area supports a large community of resident. predator fish as well.
These migratory resources are critical to the entire east coast of the
U.S.

The striped bass resource, which for the past decade has been banned
from sale in NYS because of PCB contamination, has been steadily recov-
ering and is expected to show only slight. contamination, however the
introduction of toxic dredged spoil into the waters would defeat the
progress that's been made thus far. Additionally, if the local and
migratory marine resources become contaminated, the diverse group of
waterfront businesses that they support will be severely impacted. This
proposal is inconsistent with the intent of federal, state and city
Coastal Zone Management Programs, the Environmental Conservation Law and
the policies expressed by the Governor. This bill would prevent the
dumping of this contaminated material in any of the existing facilities
in the New York Coastal Region.
 
LEGISLATIVE HISTORY:

2017: S.2602 - Passed Senate / A.3815 - Referred to Environmental
Conservation
2016: S.5248 - Passed Senate / A.4734 - Referred to Environmental
Conservation
2015: S.5248 - Referred to Environmental Conservation / A.4734 -
Referred to Environmental Conservation
2013-14: A.1605/EnCon
2011-12: A.865
2009-10: A1318/S481
2008-09: A.1318/S.481
2005-06: A3335/S2071
2003-04: A3408/S1536
2001-02: A9960/S1460

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.