What's happening
This bill prohibits disposing of dredged material containing toxic pollutants into the waters of New York's marine district.
Why it matters
Protects Marine Ecosystems. By banning the dumping of dredged material with toxic pollutants, the bill seeks to prevent harmful substances from entering New York’s coastal waters, which helps protect fish, shellfish, and other marine life crucial to the environment and local economies.
Reduces Public Health Risks. Many toxic pollutants found in dredged spoils—such as heavy metals, PCBs, or pesticides—can accumulate in seafood and pose serious health risks to people who swim in, fish from, or consume products from these waters.
Enforces Stricter Environmental Oversight. The law would require more rigorous testing and disposal standards for dredged material, potentially increasing costs for dredging projects but ensuring greater accountability in how potentially hazardous waste is managed.
Supports Coastal Recreation and Tourism. Cleaner marine waters make beaches, boating, and other recreational activities safer and more appealing, benefiting tourism and the quality of life for coastal communities.
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Who cares
Headline styles
Ban Toxic Waste Water Dumping
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Toxic Waste Ocean Dumping
In Assembly Committee · Environmental Conservation · Sponsor William Colton
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
404
2019-2020 Regular Sessions
IN SENATE (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 Assembly, 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.