NY State Senate Bill 2019-S404

Senate Bill S404

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Jan 09, 2019	referred to environmental conservation

2019-S404 (ACTIVE) - Details

See Assembly Version of this Bill:: A3090
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §17-0503, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1318
2011-2012: A865
2013-2014: A1605
2015-2016: S5248, A4734
2017-2018: S2602, A3815
2021-2022: S4492, A4163
2023-2024: S2808, A1821

2019-S404 (ACTIVE) - Summary

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

2019-S404 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S404

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:

2018: S.2602 - Passed Senate / A.3815 - Referred to Environmental
Conservation
2017: 5.2602 - Passed Senate / A.3815 - Referred to Environmental
Conservation
2016: S.5248 - Passed Senate / A.4734 - Referred to Environmental
Conservation
2015: 5.5248 - 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.

2019-S404 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    404
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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
   prohibiting the disposal of dredged spoils containing toxic pollutants
   into the waters of the marine district
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 17-0503 of the environmental conservation  law  is
 amended by adding a new subdivision 3 to read as follows:
   3. THE DISPOSAL OF ANY DREDGED SPOILS CONTAINING TOXIC POLLUTANTS INTO
 THE WATERS OF THE MARINE DISTRICT IS PROHIBITED.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03093-01-9

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