New Jersey State Prohibition on Marine Discharges of Vessel Sewage; Receipt of Petition and Tentative Determination

[Federal Register Volume 64, Number 91 (Wednesday, May 12, 1999)]
[Notices]
[Pages 25504-25505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12005]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6340-9]


New Jersey State Prohibition on Marine Discharges of Vessel 
Sewage; Receipt of Petition and Tentative Determination

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a petition was received from the 
State of New Jersey on April 3, 1998 requesting a determination by the 
Regional Administrator, Environmental Protection Agency (EPA), pursuant 
to section 312(f) of Public Law 92-500, as amended by Public Law 95-217 
and Public Law 100-4 (the Clean Water Act), that adequate facilities 
for the safe and sanitary removal and treatment of sewage from all 
vessels are reasonably available for the waters of the Navesink River, 
County of Monmouth, State of New Jersey.
    This petition was made by the New Jersey Department of 
Environmental Protection (NJDEP) in cooperation with the Navesink 
Regional Environmental Council. Members of the Council include the 
Borough of Fair Haven, the Township of Middletown, the Borough of Red 
Bank, the Borough of Rumson, the Borough of Tinton Falls, the Township 
of Holmdel, the Township of Colts Neck, the Township of Freehold and 
the Township of Marlboro. The Council worked in conjunction with Clean 
Ocean Action, Marine Development USA, Inc.; Marine Trade Association of 
New Jersey, Monmouth County Health Department, Monmouth County Planning 
Board, New Jersey Marine Sciences Consortium, New Jersey Sea Grant 
Advisory Service, New Jersey State Police Marine Division, U.S. Coast 
Guard Auxiliary and the U.S. Coast Guard. Upon receipt of an 
affirmative determination in response to this petition, NJDEP would 
completely prohibit the discharge of sewage, whether treated or not, 
from any vessel in Navesink River in accordance with section 312(f)(3) 
of the Clean Water Act and 40 CFR 140.4(a).
    The Navesink River, located in central New Jersey, is part of the 
Hudson-Raritan Bay Estuary and drains approximately 95 square miles of 
urban/suburban residential development and agricultural lands. The 
Navesink River runs easterly from Red Bank, New Jersey and then joins 
the Shrewsbury River and empties into Sandy Hook Bay. The tidal waters 
of the Navesink River extend from the Shrewsbury River, near

[[Page 25505]]

Sea Bright, upstream to the Swimming River Reservoir dam. The Navesink 
River has been identified as a waterbody of national significance and 
is part of the New York-New Jersey Harbor Estuary Program. The proposed 
No Discharge Area (NDA) would include all tidal waters of the Navesink 
River which extend from the Shrewsbury River, near Sea Bright, upstream 
to the Swimming River Reservoir dam. The eastern boundary of the NDA is 
a line from Lat./Long. 73 deg.58'45'', 40 deg.22'40'' to Lat./Long. 
73 deg.58'58'', 40 deg.23'04''. The western boundary of the NDA is at 
Lat./Long. 74 deg.06'48'', 40 deg.19'12''.
    Information submitted by the State of New Jersey and the Navesink 
Regional Environmental Planning Council states that there are five 
existing pump-out facilities available to service vessels which use the 
Navesink River. Sea Land Marina, located at 261 West Front Street, Red 
Bank, operates a portable pumpout. The pumpout is available from 7:00 
a.m. to 5:00 p.m. beginning April 15 until October 15 and is operated 
by the marina staff. A $5.00 fee is charged for the use of the pumpout. 
Irwin's Boat Works, located at 1 Marine Park, Red Bank, operates a 
stationary pumpout. The pumpout is available from 8:00 a.m. to 5:00 
p.m. beginning May until October 31 and is operated by the marina 
staff. A fee of $5.00 is charged for the use of the pumpout. Red Bank 
Municipal Basin, located at Marine Park, Red Bank, operates a 
stationery pumpout. The pumpout is available 24 hours a day year round 
and is self-operated. No fee is charged for use of the pumpout. Fair 
Haven Yacht Works, located at 75 DeNormandie Avenue, Fair Haven, 
operates a portable pumpout. The pumpout is available from 8:00 a.m. to 
5:00 p.m. and is operated by the marina staff. A $5.00 fee is charged 
for the use of the pumpout. Molly Pitcher Inn and Marina, located at 88 
Riverside Avenue, Red Bank, operates a stationary pumpout. The pumpout 
is available upon request for customers of the marina. One facility, 
Sea Land Marina, located in Red Bank has a restriction which would 
exclude boats greater than 26 feet in length. This restriction impacts 
approximately 18% of the vessel fleet and there are three facilities 
available for their needs.
    Vessel waste generated from the pump-out facilities within the 
proposed NDA is discharged into municipal sewer lines and is conveyed 
to the Northeast Monmouth Regional Sewage Authority (NJPDES Permit No. 
NJ0024520) at 1 Highland Avenue in Monmouth Beach for treatment.
    According to the State's petition, the maximum daily vessel 
population for the waters of Navesink River is approximately 1,122 
vessels. This estimate is based on (1) vessels docked at marinas and 
yacht clubs (866 vessels), (2) vessels docked at non-marina facilities 
(227 vessels) and (3) transient vessels (29 vessels). The vessel 
population based on length is 915 vessels less than 26 feet in length, 
193 vessels between 26 feet and 40 feet in length and 14 vessels 
greater than 40 feet in length. Based on number and size of boats, and 
using various methods to estimate the number of holding tanks, it is 
estimated that one pumpout is needed for the Navesink River. As 
previously stated, five pumpout facilities are currently available to 
service the boating population. Additionally, four marinas have applied 
for pumpout grants to install a total of five new pumpouts.
    The EPA hereby makes a tentative affirmative determination that 
adequate facilities for the safe and sanitary removal and treatment of 
sewage from all vessels are reasonably available for the Navesink River 
in the county of Monmouth, New Jersey. A final determination on this 
matter will be made following the 30-day period for public comment and 
will result in a New Jersey State prohibition of any sewage discharges 
from vessels in Navesink River.
    Comments and views regarding this petition and EPA's tentative 
determination may be filed on or before June 11, 1999. Comments or 
requests for information or copies of the applicant's petition should 
be addressed to Walter E. Andrews, U.S. Environmental Protection 
Agency, Region II, Water Programs Branch, 290 Broadway, 24th Floor, New 
York, New York 10007-1866. Telephone: (212) 637-3880.

    Dated: April 27, 1999.
William J. Muszynski,
Acting Regional Administrator, Region 2.
[FR Doc. 99-12005 Filed 5-11-99; 8:45 am]
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