[Federal Register Volume 63, Number 214 (Thursday, November 5, 1998)]
[Notices]
[Pages 59791-59792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29660]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6185-6]
New York Marine Sanitation Device Standard; Receipt of Petition
and Tentative Determination
Notice is hereby given that a petition was received from the State
of New York on June 2, 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 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 an affirmative determination in response to this petition,
NYSDEC would 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 would be 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.
The proposed No Discharge Area (NDA) lies within the Town of East
Hampton, Suffolk County, New York. The boundaries of the Proposed 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
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Northwest Creek................ N 41 deg. 00.8'... W 72 deg. 15.3'
Three Mile Harbor.............. N 41 deg. 031''... 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 proposed 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 8:00 a.m. to 4:00 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
9:00 a.m. to 5:00 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 4:00 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 9:00 a.m. to 5:00 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 8:00 a.m. through 4:00 p.m. Montauk Sportsman's Dock,
located in Montauk, operates a portable pumpout. The pumpout is
available from 9:00 a.m. through 4:00 p.m. daily. Gone Fishing Marina,
located in Montauk Harbor, operates a portable pumpout unit. The unit
is available from 8:00 a.m. through 5:00 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 8:00 a.m. through 2:00 p.m.
on Tuesday and Wednesday, and from 7:00 a.m. through 12:00 p.m. Friday,
Saturday and Sunday. The boat located on Lake Montauk operates from
2:30 p.m. through 7:00 p.m. on Tuesday and Wednesday, and from 12:30
p.m. through 7:00 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.
[[Page 59792]]
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 slips/
Name of harbor or creek 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
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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
proposed NDAs in East Hampton:
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Name of harbor or creek Number of vessels
------------------------------------------------------------------------
Northwest Creek.................................... No data available
Three Mile Harbor.................................. 734
Accabonac Harbor................................... 38
Hog Creek.......................................... No data available
Napeague Harbor.................................... 56
Lake Montauk....................................... 883
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Total.......................................... 1711
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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
proposed NDAs. Currently, ten pumpouts and three pumpout boats exist in
the proposed NDAs.
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 Northwest Creek,
Three Mile Harbor, Hog Creek, Accabonac Harbor, Napeague Harbor and
Lake Montauk in the Town of East Hampton, New York. A final
determination on this matter will be made following the 30 day period
for public comment. A final affirmative determination would 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.
Comments and views regarding this petition and EPA's tentative
determination may be filed on or before December 7, 1998. 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: October 21, 1998.
Jeanne Fox,
Regional Administrator, Region II.
[FR Doc. 98-29660 Filed 11-4-98; 8:45 am]
BILLING CODE 6560-50-P