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A Report to the State Legislature As Required by P.L. 1988 c. 117 - The Marine Sewage Treatment Act The Availability of and Demand for Sanitary Sewage Handling Facilities on New Jersey's Coastal Waters Addendum and Recommendations New Jersey Department of Environmental Protection Division of Coastal Resources 4/89 This report is an addendum to "The Availability of and Demand For Sanitary Sewage Handling Facilities on New Jersey's Coastal Waters" which was submitted by the Department of Environmental Protection to the Governor and Legislature in January 1989. The January report was required by the Marine Sewage treatment Act (P.L.1988 c.117). A second requirement of that legislation directed the Department to adopt any necessary regulations to implement the Act, and make recommendations to the New Jersey Legislature for any other needed legislation. This addendum presents a draft of the regulations the Department-will now consider as well as a proposed set of legislative amendments. III SUPPLY OF PUMPOUTS IN NEW JERSEY ADDENDUM Section III of the initial supply and demand study recommended that successful Waterfront Development permittees be surveyed to ascertain the status of their marina developments and to determine whether required pumpout facilities are in operation. The Department surveyed 37 marinas by letter, of which 21 responded as represented below. Pumpout in Operation 3 Pumpout will be installed for 1989 3 Contest the requirement 4 Cannot comply (sewer ban) I Permit under appeal I Marina not constructed 9 No Response 16 Of the four marinas which contest the requirements for a pumpout facility, two have previously received notices of violation. Also notable, two of the nine marinas not yet constructed have indicated that pumpout facilities may be on-line before the end of the 1989 boating season. Adding these new pufnpouts to those already in operation yields a total of 29 private marinas providing pumpout facilities at the start of the 1989 boating season. In addition, five public marinas are also anticipated to have pumpout facilities in operation in the very near future. Attached is a list of all marinas in New Jersey which provide pumpout facilities for 1989. Marinas Providing Pumpout Facilit--Jes Arcorp Properties B---4e!2e Yacht Club Pershing Road 201 Unjon Lane Weehawkin, NJ 07887 Brielle, NJ Hudson River Manasquan River Newport City Bay Point Harbor 2 Sixth Street (Johnson Bros.) Jersey City, NJ 07302 Bay Avenue Hudson River Pt. Pleasant, NJ 08742 Barnegat Bay Liberty Harbor Marina 100 Marin Boulevard Winter's Yacht Basin Jersey City, NJ 07302 5 Mantoloking Road Morris Canal. Basin W. Mantoloking, NJ 08738 Barnegat Bay. Cateway Marina 5 Port Monmouth Road ocean Beach Marina Port Monmouth, NJ 07758 3245 Route 35 Pews Creek Lavallette, NJ 08735 Lagoon off Barnegat Bay Leonardo State Marina 2 Concord Avenue Arnolds Yacht Basin Leonardo, NJ 07737 1671 Beaverdam Road Lagoon of Raritan Bay Pt. Pleasant, NJ 08742 Beaver Dam Creek Skipper's Landing 52 Shrewsbury Avenue Wehr2en Brothers-Marina Highlands, NJ 07732 197 Princeton Avenue Shrewsbury River Bricktown, NJ 08723 Metedeconk River Red Bank Municipal Basin Wharf Avenue, Marine Park Masthead Marina Red Bank, NJ 07701 Rt. 70 & Metedeconk Rd. Bricktown, NJ 08723 Seaview Marina Condo Assn. Metedeconk River Sea Spray Lane & Rte. 35 Neptune, NJ Holiday Harbor Marina Shark River 73 Tiller Drive Waretown, NJ 08758 Belmar Marine Basin Lagoon off Barnegat Bay Rte. 35 & Mraina Avenue Belmar, NJ 07719 Dillon's Creek Marina Shark River 16 River Bend Drive Toms River, NJ 08753 Dillon's Creek & Toms River Riverbank Ma.--4.-.a Harbour Cove Marina 1 Corrigan Avenue Bay Avenue Bayv-'Ile, NJ 08721 Somers Point, NJ 08244 Toms River Ships Channel Stump Creek Shipways All Seasons Marina I - at Bridge 207 Chelsea Avenue 34th Street Bayvillle, NJ 08721 W. Ocean City, NJ 08223 M-4-1-1 Creek off Toms River Peck Bay Shore Marine Harvey's Port of Call Marine Road & Bay Point !Oth & Ocean Drive Waretown, NJ 08758 Avalon, NJ ragoon off Barnegat Bay Cornell Harbor Forked River State Marina Spring Garden Marina 31.1. South Main Spring Garden Road Forked River, NJ 08731 Port Elizabeth, NJ 08332 North Branch Forked River Maurice River --er Harbor Mar4na Fortescue State Marina She24 1. 317 "Ith Street Fortescue, NJ 08321 Beach Haven, NJ 08008 Fortescue Creek rittle Egg Harbor The Harbour at Harrah's Riverside Marina 1725 Brigantine Blvd. Norman Avenue Atlantic City, NJ 08401 Riverside, NJ 08075 Absecon Channel Dr*edge Harbor Senator Frank S. Farley Winter's Yacht Basin State Marina Reserve Avenue 600 Huron Avenue Riverside, NJ 08075 Atlantic City, NJ 08401 Dredge Harbor Clan Creek Mariner's Cove Marina P.O. Box 137 Northfield, NJ 08225' Dock Thorofare Bay Club Mar!,'na Amhurst Avenue Margate,. NJ Beach Thorofare V CONCLUSION ADDENDUM Under Section 312 of the federal Clean Water Act, the U.S. Environmen- tal Protection Agency must find that adequate facilities exist for the removal and treatment of sanitary wastes from vessels prior to approving an application for "no discharge". Since adequate pumpout facilities do not exist currently, the Department has decided to postpone a petition to the U.S. Environmental Protection Agency for "no discharge" designations until after the recommended regulations implementing P.L. 1988 c.117 become effective. At that time the Department will consider applying for a "no discharge" mandate for all estuarine waters under the State's jurisdiction. VII Recommendations The Department's Division of Coastal Resources has explored the marine sewage disposal options employed by other 'states, as well as suggestions generated in consultation with the New Jersey Marine Trades Association and the New Jersey Sea Grant Program; and proposes two recommended actions. The first action is that the Department of Environmental Protection propose new regulations to advance the purposes of the Act. The second is that the Legislature consider amendments to P.L. 1988 c.117 which would enhance implementation of the regulations Draft Proposed Regulations The draft proposed language for regulations has been attached for your consideration. Briefly, the proposed rules are intended to accomplish the following tasks. 1) Require pumpout facilities at all new marinas; and at all existing marinas of 50 or more slips with certain exceptions allowable. A marina developer has a responsibility to help preserve the quality of his immediate environment. Therefore, in order to protect the quality of coastal waters in and around any new marina, the Department shall continue to require the installation of pumpout facilities. Certain exceptions may be made on a case-by-case basis where either the marina could not berth an MSD equipped vessel due to slip size or where sufficient pumpout availabili- ty is demonstrated. -2- Recognizing that this mechanism for achiev ing pumpout placement is both reactive and unpredictable, other options were investigated to augment this approach. Two of the options suggested in the Department's origin al report were abandoned. The first, requiring pumpout facilities at every marina providing dockage to an MSD equipped vessel was aborted, because a great deal of facility duplication would have resulted and enforcement would be problematic. The second alternative, requiring pumpout facilities at marinas with fuel docks, was eliminated because no parallel could be drawn between fuel docks and the discharge of sewage into the water. Marina size, however, is associated with the quantity of sewage generated on the water. The locations of all New Jersey marinas consisting of 100 or more slips were plotted and their spacial distribution contrasted with the locations of all marinas of 50 or more slips. Based on this comparison, the more com- plete coverage offered by marinas of 50 or more slips led to their selection as targets for retrofitting with pumpout facilities. However, the greater number of marinas having 50 or more slips also results in more duplication in areas where marinas are concentrated. To eliminate some unnecessary pumpouts, the Department suggests allowing marinas in close proximity to share facilities. Such arrangements would be monitored by the Department to ensure that an adequate number of facilities would continue to be supplied. The number of facilities to be provided under this approach has been tabulated and compared with estimated numbers of MSD equipped vessels in the f ollowing table. The estimates of MSD equipped vessels were calculated assuming a directly proportional relationship as follows: Total. Estimate Estimate No. of Total Additional No. of No. of No. of existing No. of No. of No. of slips at vessels vessels & req'd 50 slip pumpouts pumpouts Waterways marinas total W/MSD umpouts marinas needed @ marinas Hudson River 1105 5083 711 6 2 4 0 Arthur Kill & Newark Bay 630 2898 406 2 3 4 2 Raritan River 63 290 41 1 0 1 0 Raritan Bay 1581 7273 1018 2 11 6 4 Sandy Hook Bay 1306 6008 841 4 6 5 1 Shrewsbury River 849 3905 547 4 10 8 4 Navesink River 763 3510 491 9 5 4 1 Shark River 732 3367 471 2 4 3 1 Manasquan River 2026 9320 13Q5 5 12 7 3 Upper Barnegat 1123 5166 723 5 13 9 6 Metedeconk River 2191 10079 1411 4 10 8 4 Central Barnegat 3013 13860 1940 6 20 10 4 Toms River 798 3671 514 5 5 5 2 Lower Barnegat & Forked River 1827 8404 1177 2 15 7 5 Little Egg Harbor & Tuckerton Creek 2925 13455 1884 8 24 11 5 Great Bay & Mullica River 1211 5571 780 3 8 6 4 Absecon Bay & Lakes Bay 1912 8795 1231 9 11 12 3 Great Egg Harbor 1926 8860 1240 6 13 7 3 Ludlam Bay 413 1900 266 1 4 3 3 Townsends Inlet & Herefords Inlet 1256 5778 809 5 10 10 5 Cape May Harbor 1347 6196 867 1 7 5 4 Bidwells Creek - - - 1 1 1 0 Total. Estimate Estimate No. of Total Additional No. of No. of No. of existing No. of No. of No. of slips at vessels vesseIs & req'd 50 slip pumpouts pumpouts Waterways marinas total w/MSD Pumpouts marinas needed @ marinas Maurice River 796 3661 513 3 7 3 1 Fortesque Creek 125 575 80 1 1 1 0 Nantuxent Creek 70 322 45 0 1 1 1 Back Creek 100 460 64 0 1 1 1 Cohansey River 372 1711 240 0 2 2 2 Salem River 170 782 109 0 2 1 1 Lower Delaware 115 529 74 0 1 1 1 Middle Delaware 1423 6546 916 2 7 5 3 Upper Delaware 100 460 64 1 2 1 0 Totals 32268 148439 20778 98 218 152 74 -3- TSS = 32,268 -1 TVR 150,125 4.6 TSS = TSW therefore TSW -1 TVR TVW TVW 4.6 TVW = TSW X 4.6 TMSD = TVW X .14 where TSS = total slips at marinas statewide TVR = total vessels registered statewide TSW = total slips at marinas on a waterway TVW = total vessels registered on a waterway TMSD= total MSD equipped vessels on a waterway .14 = estimated percentage of registered vessels equipped with an MSD (from report) Two criteria have been used to assess the number of pumpouts needed to satisfy demand. The first derives from the U.S. EPA general requirement of one pumpout facility per 200 MSD-equipped vessels. The second criterion addresses the convenience of location with respect to a vessel's home port. The draft proposed regulations require marinas, located more than one half mile from the nearest operational pumpout facility, to provide their own facilities. In theory, this would ensure the maximum round trip from a marina to a pumpout facility will be one mile. Extending this travel -4- distance will increase the attractiveness of overboard discharge. While the half mile distance is arbitrary, it is reasonable. Using these two criteria and acknowledging the 50 or more slip marina target definition for pumpout placement, 152 pumpout facilities would be required statewide to meet the estimated demand at convenient intervals on New Jersey's coastal waters. Assuming all 98 pumpout units required or existing are in fact opera- tional, 74 additional facilities would be needed at private marinas. The discrepancy between the 152 unit projection above and these figures owes to required or existing facilities located within one half mile of each other (duplication). The 74 private facilities estimate is a best scenario figure since it assumes all required facilities will be on-line and that all other marina operators are able to work in harmony and achieve the least duplication of facilities. A worst case scenario assumes none of the required facilities are on-line and that all marinas of 50 or more slips fail to reach agree- ments, yielding a need for 218 pumpout facilities at private marinas. An intermediate assumption would acknowledge the 29 pumpout units which currently exist and expect that, given state funding under Section 6 of the proposed regulations, all marinas could come to terms. Under this scenario, 123 pumpout units would need to be provided at private marinas. This figure represents the basis for the appropriation requested under the proposed amendment to P.L. 1988 c.117. -5- 2) Require portable toilet emptying receptacles at all marinas statewide with exceptions allowed only where each slip is insepa- rably related to an adjacent residence. As discussed in the initial report, convenience is probably the para- mount consideration when planning for proper disposal of portable toilet wastes. The widespread use of portable toilets makes the widespread avail- ability of disposal areas necessary to a successful reduction in the prac- tice of overboard discharge. Since the Department is requiring only a dedicated location for portable toilet waste, and not special equipment, it should be feasible for every marina to accommodate this regulation. 3) Require dockside restroom facilities at all new or improved marinas. While this requirement is apparently outside of the scope of P.L. 1988 c.117, there exists a logical nexus between on-shore restrooms and the reduction of sewage generated on the water. A requirement for restrooms at new marinas has been often suggested by the Department, but never officially mandated in an administrative code. Since major renovations to marinas allow a continuation of operations which affect water quality this regula- tion should apply to rehabilitation projects as well. The severity of the economic impact on the marina owner is effectively reduced by phased implementation; applying to existing marinas only when a major rehabilitation or renovation is applied for. This will allow marina -6- owners the opportunity to plan for this future expense as they do the costs of maintenance dredging and dock or bulkhead replacements. 4) Require slip-side pumpout facilities at any live-aboard marina violating surface water quality standards for human waste. Due to the expensive nature of slip-side pumpout systems, the Depart- ment proposes to require marinas to be immediately retrofitted with these systems only where a water quality problem due to overboard discharge is documented. In addition to solving water quality problems emanating from live-aboard marinas, this stipulation provides incentive for marina owners to ensure that patrons are not discharging their waste overboard. 5) Require all new marinas which provide live-aboard accommodations to also provide slip-side pumpout service. Many marinas provide services such as potable water, electric and even cable television to individual slips, which make living on-board a vessel possible. Conversely, few marinas, if any, provide sewer service to these same slips. These slips, used similar to vacation homes, should be equipped with proper sewage disposal systems to reduce the incidence of inadequately treated sewage being discharged. Because of the expense associated with these systems, the Department suggests that these systems be planned coincidental to other major improve- ments. The important theme is that marinas which encourage residential use of their slips must also encourage proper sewage disposal. -7- 6) Make grants available from the Department to fund the purchase and installation of pumpout facilities at existing marinas. Several advantages will accrue from funding pumpout facilities. The most important benefits exude from a contractual agreement with the marina owner. Currently, the authority of the Department to regulate pumpout accessibility is questionable and the ability to limit fees imposed on users, nonexistent. As noted in the initial report, the use of a given facility is expected to vary inversely with the cost. Likewise, not all MSD equipped vessels are berthed at marinas; therefore, availability to non- marina vessels is essential. By subsidizing the purchase of pumpout units, the Department could require that the facility be available to the general boating public, at a reasonable fee. The reimbursable cost for pumpout installation was established at $10,000 per unit under the assumption that this should provide adequate compensation for all but the few systems where a new subsurface disposal system or a sizeable holding tank are necessary. Priority criteria to guide the distribution of funds have been included in Section 6b. of the proposed regulations. Recommended Legislative Action To effectuate the funding of.pumpout facilities and to offset the costs of a public education campaign, an amendment to the Marine Sewage Treatment Act, (P.L. 1988 c.117) appropriating $1,200,000 to the Department is neces- sary. This figure was established by multiplying the $10,000 maximum -8- allowable grant by the estimated number of existing private marinas requir- ing retrofitting under the proposed regulations (see discussion at Recommen- dation 1) In the event that funding requests exceed the appropriation, priority criteria will be used to establish preferences for funding. Proposed language for such an amendment has been attached for consideration by the.legislature. In the absence of general revenue for this endeavor, an innovative mechanism for funding pumpout facilities involves recovering fuel tax revenue generated by marine fuel sales from the Department of Transportation and the general treasury. Gasoline purchased for recreational boating are taxed at a rate equiva- lent to those utilized in automobiles. Motor boats, however, do not place any demand on the services provided by the DOT. Redirecting the 2.5 cent Highway Safety Fund contribution from marine fuel sales into a program to enhance recreational boating seems appropriate. Maine, Michigan, Minnesota, Oregon, and Ohio have enacted similar programs dedicating that portion of fuel tax proceeds generated by the boating public to the improvement of recreational boating opportunities. Estimates of fuel consumed by boating range from .5% to 2% of the total fuel sales in those states, generating from 1.3 to 7.5 million fuel tax dollars. Additional research is needed to accurately calculate the percentage of fuel consumption attributable to boating in New Jersey. -9- Dedicating the entire 10.5 cent fuel tax levied on .5% of the total New Jersey gasoline sales to a Recreational Boating Enhancement Fund would yield in excess of 1.8 million dollars for improving boating opportunities. Similarly, redirecting the 2.5 cent fuel tax contribution to the Highway Safety Fund on 2% of the total gasoline sales'would result in 1.7 million dollars dedicated for enhancing recreational boating. The -tax revenue obligated under such a plan would be perennial and would be used to meet the immediate need of providing pumpout facilities. Future revenue would be expended to rehabilitate public boat launches, mark and maintain navigation channels, and rehabilitate bulkheads and docks at public boating facilities. At this preliminary stage the Department has not taken the liberty of drafting proposed language for such an initiative, but is prepared to do so upon the direction of the legislature. Public Education Finally, as the Marine Sewage Treatment Act suggests in Section 3, success in reducing overboard discharges of sewage will rely heavily on public education. Attached is a prototype brochure which explains some of the "dos" and "don'tsff and "whys" and "why nots" of marine sewage disposal and which lists those marinas providing pumpout facilities. The Department would like to enlist the support of the Division of Motor Vehicles in disseminating this brochure to the boating public along with their boat registration renewal forms. Additional copies could be made available at _10- marinas statewide and through the New Jersey Sea Grant Program to further publicize pumpout availability. This concludes the Department of Environmental Protection's recommenda- tions for the implementation of a program to reduce the sewage effluent discharged from boats into New Jersey's coastal waters, as required by the Marine Sewage Treatment Act, P.L. 1988 c.117. The Department welcomes comments and suggestions on this issue. Please direct them to: New Jersey Department of Environmental Protection Division of.Coastal Resources CN 401 Trenton, New Jersey 08625 ATTN: Lawrence J. Baier Proposed Amendment to the Marine Sewage Treatment Act P.L. 1988 c.117 as required. Proposed New Section 7 7.a The Department of Environmental Protection shall make available grant funding up to $10,000 per marina for the purchase and installation of pumpout facilities at private marinas which agree at a minimum to: 1) allow the general boating public use of the facility for a fee established in consultation with and agreed to by the Department; And 2) provide for the normal operation and maintenance of the pumpout facility and access thereto for a period of at least ten years. b. The Department of Environmental Protection shall establish a priority system for the equitable disbursement of funds to applicants. Proposed New Section 8 8. There is appropriated to the Department of Environmental Protection the sum of $1,200,000 to effect the provisions of Section 7 of this Act and to provide public information and education as required in Section 3-, however, not less than $1,150,000 shall be dedicated to the purposes of Section 7 of this Act.' Draf t Proposed Rules implementing the Marine Sewage Treatment Act of 1988 (P.L. 1988 c.117) 1) For the purposes of these Rules the following terms are defined: a. "Department" means the Department of Environmental Protection. b. "Live-aboard Vessel" means any vessel used principally as a residence or as a place of business for at least seven consecutive days and which if used as a means of transportation said transportation is a secondary or subsidiary use. C. "Live-aboard Accommodations" means the extension of potable water, electricity or other utilities permanently or semi-permanently to individual slips. d. "Marina" means any dock, pier, bulkhead, mooring or similar structure or a collection of adjacent structures under singular or related ownership providing permanent or semi-permanent dockage to ten or more vessels. e. "New, expanded or substantially improved" means any marina applying for a Waterfront Development Permit pursuant to N.J.S.A. 12:5-3 after the effective date of these rules for marina construction or expansion by ten or more slips, or for maintenance dredging, dock or bulkhead replacement which will allow an existing marina to continue to function. f. "Portable toilet emptying receptacle" means either a specially designed device or a restroom stall dedicated for the collection of waste contained in portable toilets. g. "Slip-side pumpout facility" means a sewage collection system for removing sewage and wastewater from watercraft which provides continuous or automatic intermittent removal from each individual slip. h. "Pumpout Facility" means a piece of equipment either fixed or portable, designed to remove sewage and waste water from the holding tank of a boat through an orifice in the vessel's hull or deck. i. "Type III marine sanitation device" means a device designed to prevent the overboard discharge of treated or untreated sewage from a permanent toilet fixture on a vessel, certified to a -no discharge- standard. ' 2) All marinas must post prominent signs indicating no discharge is permitted within the basin. 3)a. All new, expanded or substantially improved marinas shall provide a pumpout facility. b. All existing marinas having 50 or more slips or mooring spaces shall retroactively provide a pumpout facility within one year of the adoption of these rules. c. The Department may grant an exemption from the requirements of Sections 3a. and 3b. if the marina owner can demonstrate that: i) the marina does not have the capacity to provide dockage to a vessel equipped with a Type III marine sanitation device; or ii) the marina owner has a written agreement with another marina, located within a half mile traveling distance, allowing his patrons to use the facilities at the other marina for a reasonable fee; and iii) the marina owner does not allow live-aboard vessels at his marina; and iv) an adequate number of pumpout facilities exist within the service area of the marina, determined to be a minimum of one unit per 200 vessels equipped with a marine sanitation device. d. Any marina granted an exemption pursuant to Section 3c. shall clearly notify all patrons of the location, availability and fee charged for the use of the substitute pumpout facility. e. All marinas shall provide a portable toilet emptying receptacle unless it is clearly demonstrated that each slip is interrelated with an adjacent residence and strict compliance would cause severe and undue hardship. f. All new, expanded or substantially improved marinas shall provide public restrooms according to the following schedule unless it is clearly demonstrated that each slip is.interrelated with an adjacent residence: i) up to 100 boats a) Men: One toilet stall Women: Two toilet stalls one urinal One washbasin one-.-washbasin ii) 100-200 boats a) Men: Two urinals Women: Two toilet stalls One toilet stall Two washbasins Two shower stalls Two shower stalls Two washbasins iii) for each additional 100 boats a) Add: one urinal (men) One toilet stall (men) one toilet stall (women) one washbasin (men) one washbasin (woman) One shower stall 4) All restroomst pumpout facilities and portable toilet emptying receptacles shall dispose of the collected waste in a manner acceptable to the Department as follows: i) discharge to a municipal or regional treatment plant where practicable; or ii) discharge to a subsurface sewage disposal system constructed in accordance with N.J.A.C. 7:9-2.1 et seq.; or iii) discharge to a holding tank with waste being removed by a licensed septage hauler. A marina employing this method shall maintain a record of waste removal. 5a) Any existing marina allowing live-aboard arrangements shall be required to install a pumpout facility within one year of the adoption of these rules. b) Any new, expanded or substantially improved marina providing live-aboard accommodations shall also provide slip-side pumpout facility service to each slip so accommodated. 6a) The Department shall make available grants to fund the purchase and installation of pumpout facilities at private marinas not to exceed $10,000 per facility. In exchange for such a grant a marina operator shall agree to the following conditions: i) the pumpout facility shall be open to the boating public at large; ii) the placement of the pumpout facility shall be approved by the Department; iii) the user fee charged shall be reasonable and shall be approved by the Department; iv) the marina 'owner shall provide for the normal operation and maintenance at the marina owner's expense for a period of at least 10 years. b) The Department in awarding such grants shall give priority consideration to: i) areas where pumpout, facilities are in highest demand; ii) marinas with access to municipal or regional sanitary sewage treatment plants; iii) locations of destination or convenience within the service area; iv) areas where previous grants have not been awarded; v) marinas required to provide pumpout facilities under Section 3b. NOAA COASTAL SERVICES CTR LIBRARY 3 6668 14111585 9 61