What's happening
This bill restricts permits for filling Gravesend Bay borrow pits to only clean sediments meeting strict environmental standards.
Why it matters
The bill sets much stricter requirements for what can be dumped into the Gravesend Bay borrow pits, allowing only "clean" sediments that meet the Department of Environmental Conservation’s (DEC) most stringent (Class A) contamination standards. This is likely to prevent potentially harmful or polluted dredged materials from being disposed of in this sensitive area.
By requiring that all proposed fill materials be tested and comply with the DEC’s Technical Operational Guidance Series (TOGS) 5.1.9, it increases oversight and transparency over what ends up in Gravesend Bay. This makes it harder for agencies or contractors to dispose of questionable dredge material under the guise of “beneficial reuse.”
The bill responds to local and environmental concerns about the legacy and future contamination risks in Gravesend Bay—a site already affected by past dredging and dumping—by closing a regulatory loophole that might have allowed more contaminated fill. This could protect public health, local fisheries, and recreational use of the bay.
Because the bill sunsets (expires) in 2022, it acts as a temporary safeguard, possibly giving time for more permanent solutions or studies on the environmental impact of filling borrow pits with dredged material. This could set a precedent for similar protections elsewhere or inform future policy decisions.
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Who cares
New York State Department of Environmental Conservation
The bill would allow the department to permit filling Gravesend Bay borrow pits only with tested materials that comply with its sediment-management guidance and Class A criteria.
Dredging operators and dredged-material disposal contractors
Those seeking to dispose of dredged material in the borrow pits would need to ensure it meets the bill’s testing and material-quality requirements.
Gravesend Bay residents and environmental advocates
The bill would restrict the sediments and fill materials eligible for placement in the bay’s borrow pits through June 30, 2022.
Headline styles
Test Sediment Before Bay Fill
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
3 Multi-sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3731
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
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 Assembly, 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 maintain 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 concentrations.
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 guidance 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, 2022.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04958-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.