SENATE, No. 1941

 

STATE OF NEW JERSEY

 

INTRODUCED MARCH 20, 1997

 

 

By Senators KYRILLOS and BENNETT

 

 

An Act prohibiting the siting of a facility for the disposal of port region dredged materials in the Raritan Bay and supplementing Title 13 of the Revised Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. An applicant's certification submitted pursuant to section 307 of Pub.L. 89-454 (16 U.S.C. §1456), in any case in which the applicant is proposing to construct in the Raritan Bay within five miles of the New Jersey shoreline, a containment island or confined disposal facility for the disposal of dredged materials dredged from the port region, shall be deemed inconsistent with the State's Rules on Coastal Zone Management, as codified at N.J.A.C.7:7E-1.1 et seq., and shall not be concurred in by the State.

    For the purposes of this act, "port region" means the geographic area created by Article II of the Compact of April 30, 1921, creating the bi-state agency, now known as the Port Authority of New York and New Jersey, and which is commonly referred to as the Port of New York District.

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would provide that an applicant's certification submitted pursuant to 16 U.S.C. §1456, in any case in which the applicant is proposing to construct in the Raritan Bay within five miles of the New Jersey shoreline, a containment island or confined disposal facility for the disposal of dredged materials dredged from the port region, would be deemed inconsistent with the State's Rules on Coastal Zone Management and could not be concurred in by the State. Thus, this bill would effectively prohibit the siting of a dredged materials disposal facility within that area of the Raritan Bay for the disposal of port region dredged materials. However, a disposal facility for materials dredged from outside the port region would not be prohibited by this bill.

    Federal law requires any applicant for a required federal license or permit to conduct an activity affecting land or water uses in the coastal zone of a state to provide in the application to the state a certification that the proposed activity will be conducted in a manner consistent with the state's program.

 

 

                             

Prohibits siting of facility in Raritan Bay for disposal of dredged materials from port region.