[Federal Register Volume 64, Number 29 (Friday, February 12, 1999)]
[Notices]
[Pages 7194-7196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3518]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6233-4]
New York Marine Sanitation Device Standard; Final Affirmative
Determination:
Notice is hereby given that the Regional Administrator,
Environmental Protection Agency (EPA) Region II has affirmatively
determined, pursuant to section 312(f) of Pub. L. 92-500, as amended by
Pub. L. 95-217 and Pub. L. 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 harbors and creeks of
the Peconic Estuary from the Sag Harbor Village Line to Montauk Point,
East Hampton, New York. The harbors and creeks included in this
tentative determination are Northwest Creek, Three Mile Harbor, Hog
Creek, Accabonac Harbor, Napeague Harbor and Lake Montauk.
This petition was made by the New York State Department of
Environmental Conservation (NYSDEC) in cooperation with the New York
State Department of State and the Town of East Hampton. The State of
New York has certified that greater protection of the surface water in
the harbors and creeks of the Peconic Estuary in the Town of East
Hampton is required than the applicable federal standards provide. Upon
receipt of this affirmative determination in response to this petition,
NYSDEC will completely prohibit the discharge of sewage, whether
treated or not, from any vessel in Northwest Creek, Three Mile Harbor,
Hog Creek, Accabonac Harbor, Napeague Harbor and Lake Montauk in
accordance with section 312(f)(3) of the Clean Water Act and 40 CFR
140.4(a). This prohibition is part of a comprehensive approach to water
quality management aimed at preventing water quality impairments and
improving overall water quality in the harbors and creeks. This
designation is part of a wider effort at controlling non-point source
pollution including problems associated with stormwater runoff and
residential septic systems. Notice of the Receipt of Petition and
Tentative Determination was published in the Federal Register on
November 5, 1998. Comments on the Receipt of Petition and Tentative
Determination were accepted during the comment period which closed on
December 5, 1998. Written comments were received from the following:
1. Ms. Catherine Lester, Supervisor, Town of East Hampton, 159 Pantigo
Road, East Hampton, New York 11937
2. Ms. Margaret Hardy, The Accabonac Protection Committee, 956 Springs
Fireplace Road, East Hampton, New York 11937
3. Mr. Kevin McAllister, Peconic Baykeeper, Save the Peconic Bays, 2560
Paradise Shores Road, Southold, New York 11971
[[Page 7195]]
4. Mr. Clete Galasso and Mr. Lester Black, Association of Marine
Industries, PO Box 164, Shoreham, New York 11786
The individuals expressed their support and the support of the
organizations, which they represent, for the No Discharge Areas (NDAs).
Two individuals commented that the NDAs will complement the Town of
East Hampton's extensive effort to control stormwater runoff and other
non-point pollutants entering surface waters from upland sources. The
individuals also support a public education and outreach program that
will be conducted to inform the boating public about the NDAs and the
associated requirements. EPA commends both these efforts. Another
individual commented that while Accabonac Harbor, Hog Creek, Napeague
Harbor and Northwest Creek do not afford stationary pumpout facilities,
the facilities in nearby waters and the presence of pumpout boats
provide adequate facilities for boaters. EPA concurs. Another
individual stressed that the key to a successful NDA is public
education, visible signage and free pump-out boats. The determination
is based upon the number and availability of pump-out facilities
available to the boating community, whether these facilities are
stationary, portable or situated on boats. EPA has determined that
there is an adequate number of available pump-outs to service the
number of boats estimated in the subject harbors and creeks. It should
be noted that two comment letters were postmarked after the comment
period closed. These comments were still taken into consideration and
included as part of this final determination.
The No Discharge Areas (NDAs) lie within the Town of East Hampton,
Suffolk County, New York. The boundaries of the NDAs will be the mouth
of each individual creek or harbor and all the waters within the
following harbors and creeks:
------------------------------------------------------------------------
Name of harbor or creek Latitude Longitude
------------------------------------------------------------------------
Northwest Creek................ N 41 deg. 00.8' W 72 deg. 15.3'
Three Mile Harbor.............. N 41 deg. 03.1' W 72 deg. 11.3'
Hog Creek...................... N 41 deg. 03.1' W 72 deg. 08.2'
Accabonac Harbor............... N 41 deg. 01.5' W 72 deg. 18.2'
Napeague Harbor--west.......... N 41 deg. 00.8' W 72 deg. 03.7'
Napeague Harbor--east.......... N 41 deg. 01.1' W 72 deg. 03.3'
Lake Montauk................... N 41 deg. 04.7' W 72 deg. 56.4'
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Information submitted by the State of New York and the Town East
Hampton shows that there are ten existing pump-out facilities available
and that three pumpout boats service vessels in the NDA. Harbor Marina,
located in Three Mile Harbor, operates a portable pumpout. The pumpouts
are available from 8:30 a.m. to 4:30 p.m. daily and the fee is $25.
Town Dock--Gann Road, located in Three Mile Harbor, operates a
stationary pumpout and a portable pumpout. The pumpouts, which are free
to use, are available self-service 24 hours a day and from 8 a.m. to 4
p.m. with an attendant on duty. Maidstone Harbor Marina, located in
Three Mile Harbor, operates a stationary pumpout. The pumpout is
available on weekends from May 1 through October 31 from 9 a.m. to 5
p.m and the fee is $20. East Hampton Point Marina, located in Three
Mile Harbor, operates a portable pumpout. The pumpout is available from
8:30 a.m. to 4 p.m. from May through October. The fee is $5. Shagwong
Marina, located in Three Mile Harbor, operates a portable pumpout. The
pumpout is available from 9 a.m. to 5 p.m. daily and the fee is $5.
Town Dock--Star Island, located in Montauk Harbor, operates two
stationary pumpout facilities. These facilities are available on a
self-service basis 24 hours a day and operated by an attendant from 8
a.m. through 4 p.m. Montauk Sportsman's Dock, located in Montauk,
operates a portable pumpout. The pumpout is available from 9 a.m.
through 4 p.m. daily. Gone Fishing Marina, located in Montauk Harbor,
operates a portable pumpout unit. The unit is available from 8 a.m.
through 5 p.m. and the fee is $5. Darenberg Marine operates two pumpout
boats in Three Mile Harbor and Lake Montauk, and will serve any harbor
on an as-needed basis. Darenberg Marine can be reached at 329-2739 or
VHF channel 73. The boat located on Three Mile Harbor operates from 8
a.m. through 2 p.m. on Tuesday and Wednesday, and from 7 a.m. through
12 p.m. Friday, Saturday and Sunday. The boat located on Lake Montauk
operates from 2:30 p.m. through 7 p.m. on Tuesday and Wednesday, and
from 12:30 p.m. through 7 p.m. Friday, Saturday and Sunday. Darenberg
Marine charges a fee of $10 per boat. The Town of East Hampton operates
a pumpout boat in Three Mile Harbor and does not charge for the
service. East Hampton operates the boat 40 hours per week and can be
contacted at 267-8688 or VHF Channel 73.
Draft restrictions at three of the marinas would exclude a certain
number of the larger vessels from accessing the pumpouts at these three
marinas. Montauk Sportsman's Dock has a water depth of 6 feet; it is
estimated that 5% of the vessels would be excluded. Captain's Cove
Marina has a water depth of 5 feet; it is estimated that 10% of the
vessels would be excluded. Gone Fishing Marina has a water depth of 6
feet; it is estimated that 5% of the vessels would be excluded. For
these excluded vessels, there are seven other pumpouts and three
pumpout boats available for their use.
Vessel waste generated from the pump-out facilities operated by the
Town of East Hampton is conveyed to a storage tank at the municipal
scavenger waste treatment plant. The waste is hauled from the scavenger
plant to the Bergen Point Wastewater Treatment Plant. With two
exceptions, the other marinas empty their pumpouts into large storage
tanks ranging in size from 500 gallons to 2,376 gallons. A certified
hauler collects, transports and disposes of the sewage in accordance
with all Federal, State and local laws. The two exceptions are Harbor
Marina, which uses an on-site Bio-Robi septic system, and Captain's
Cove Marina, which does not have a pumpout facility and instead uses a
certified waste hauler to pumpout a vessel on request.
According to the petition, the slip and mooring capacity for each
harbor or creek is as follows:
------------------------------------------------------------------------
Number of
Name of harbor or creek slips/moorings/
docks
------------------------------------------------------------------------
Northwest Creek......................................... 21
Three Mile Harbor....................................... 1067
Accabonac Harbor........................................ 56
Hog Creek............................................... 195
Napeague Harbor......................................... 20
Lake Montauk............................................ 1274
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Total............................................... 2577
------------------------------------------------------------------------
The New York State Department of State conducted a survey of
recreational vessels using aerial photography during August 1995 for
the New York State Clean Vessel Act Plan. Analysis of the photographs
provided information on the total numbers of vessels by water body.
Data indicates the following peak season vessel population in the NDAs
in East Hampton:
------------------------------------------------------------------------
Number of
Name of harbor or creek vessels
------------------------------------------------------------------------
Northwest Creek......................................... (*)
Three Mile Harbor....................................... 734
Accabonac Harbor........................................ 38
Hog Creek............................................... (*)
Napeague Harbor......................................... 56
[[Page 7196]]
Lake Montauk............................................ 883
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Total............................................... 1711
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* No data available.
Information regarding vessel population based on length shows that
63% of the boats are less than 40 feet and 37% of the vessels are 40
feet or greater in length. These percentages are based on a survey of
overnight and long term occupancy and omitted marinas with recreational
small crafts. Based on the number and size of boats, and using various
methods to estimate the number of holding tanks, it is estimated that 5
to 8 pumpouts are needed to service the vessel population in the NDAs.
Currently, ten pumpouts and three pumpout boats exist in the NDAs.
The EPA hereby makes a final affirmative determination that
adequate facilities for the safe and sanitary removal and treatment of
sewage from all vessels are reasonably available for Northwest Creek,
Three Mile Harbor, Hog Creek, Accabonac Harbor, Napeague Harbor and
Lake Montauk in the Town of East Hampton, New York. This final
affirmative determination will result in a New York State prohibition
of any sewage discharges from vessels in Northwest Creek, Three Mile
Harbor, Hog Creek, Accabonac Harbor, Napeague Harbor and Lake Montauk.
Dated: January 28, 1999.
William J. Muszynski,
Acting Regional Administrator, Region 2.
[FR Doc. 99-3518 Filed 2-11-99; 8:45 am]
BILLING CODE 6560-50-P
