[Federal Register Volume 62, Number 56 (Monday, March 24, 1997)]
[Notices]
[Pages 13885-13886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7345]


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ENVIRONMENTAL PROTECTION AGENCY
[FRI-5711-4]


Massachusetts Marine Sanitation Device Standard; Notice of 
Determination

    On December 6, 1996, notice was published that the State of 
Massachusetts had petitioned the Regional Administrator, Environmental 
Protection Agency, to determine that adequate facilities for the safe 
and sanitary removal and treatment of sewage from all vessels are 
reasonably available for the Stage Harbor Complex in the Town of 
Chatham, County of Barnstable, State of Massachusetts. The petition was 
filed pursuant to Section 312(f)(3) of Public Law 92-500, as amended by 
Public Laws 95-217 and 100-4, for the purpose of declaring these waters 
a ``No Discharge Area'' (NDA).
    Section 312(f)(3) states: After the effective date of the initial 
standards and regulations promulgated under this section, if any State 
determines that the protection and enhancement of the quality of some 
or all of the waters within such States require greater environmental 
protection, such State may completely prohibit the discharge from all 
vessels of any sewage, whether treated or not, into such waters, except 
that no such prohibition shall apply until the Administrator determines 
that adequate facilities for the safe and sanitary removal and 
treatment of sewage from all vessels are reasonably available for such 
water to which such prohibition would apply.
    The information submitted to me by the State of Massachusetts 
certified that there are two public pump-out facilities located within 
the proposed area to service vessels in Stage Harbor Complex.
    The facilities will be self-service with oversight provided by 
personnel from the Chatham Harbormaster's office.
    The pump-out located at the town owned Old Mill Boatyard (OMBY) 
facility is a shore based facility and has a 60 gallon per cycle 
capacity with discharge to a 2,000 gallon tight tank. The facility 
provides access for vessels up to 50 feet in length and a draft of 5 
feet at mean low water. This facility is available daily from June 10 
through Labor Day from approximately 0900 to 1700 (9:00 am-5:00 pm). 
During the spring and fall the pump-out facility is available by 
contacting the Harbormaster's office by phone (508) 945-5185 or VHF 
radio channel 16.
    The portable pump-out located at Stage Harbor Marine (SHM) has a 
225 gallon capacity and is discharged directly to the Chatham Water 
Pollution Control Facility for treatment. This unit is accessible via 
the fuel dock which provides services to vessels of up to 40 feet and 
draft of 6 feet at mean low water. This facility is available daily 
from Memorial Day to Thanksgiving from 0800 to 1630 (8:00 am-4:30 pm). 
The pump-out may also be available from Thanksgiving to mid-December 
and mid-April to Memorial Day, Monday to Friday from 0800 to 1630 (8:00 
am-4:30 pm). These dates are variable due to winter. Stage Harbor 
Marine can be contacted at (508) 945-1860 or VHF radio channel 9.
    In addition to these pump-out facilities, the Stage Harbor Complex 
area has six on shore toilet facilities. Four are available to the 
public and two are private and restricted to marina patrons and their 
guests. The four on shore facilities available to the public are 
located at the Stage Harbor Road bathing beach, Barn Hill Road Town 
Landing, and the Old Mill Boatyard, and are open from June 21 to 
September 1 between the hours of 0800 and 1600 (8:00 am-4:00 pm). The 
fourth facility at the Stage Harbor Marina is open to the public but 
privately maintained and is open approximately from May 1 until 
November.
    The waste from the Old Mill Boatyard facility is collected and 
stored in the existing, Department of Environmental Protection 
approved, 2,000 gallon tigh tank. This tank is fitted with alarms that 
activate in time to ensure waste removal long before the capacity is 
reached. The town of Chatham has an annual agreement with a licensed 
waste hauler and septage is transported to the Chatham Water Pollution 
Control Facility for treatment.
    The number of mooring permits indicate that 1,161 vessels reside 
within the Stage Harbor Complex and 972 are identified as recreational 
and 189 are commercial vessels. Stage Harbor Complex is primarily a 
``parking lot'' harbor and 90% of the total vessel population is under 
25 feet in length, and therefore do not have any type of marine 
sanitation device. There are a number of locations in the Complex with 
public launching ramps, however, the size and condition of the ramps 
and the depth of the water limit use to vessels 25 feet and under. In 
addition to

[[Page 13886]]

the vessels that reside in the Complex, there is a transient population 
estimated at 110 vessels which have marine sanitation devices.
    The resources of the Stage Harbor Complex are recreational and 
commercial. One of the Towns most used public bathing beach is located 
on Stage Harbor Road at the head of Oyster Pond. The northern tip of 
the Monomoy National Wildlife Refuge abuts the proposed No Discharge 
Area and provides recreational opportunities in addition to its 
wildlife role. The Stage Harbor Complex is also used by both 
recreational and commercial shell fishermen for the harvest of quahogs, 
softshell clams, mussels, oysters, and bay scallops and is the site of 
the Towns' only commercial aquaculture operations.
    Therefore, based on an examination of the petition and its 
supporting information, which included a site visit by EPA New England 
staff, I have determined that adequate facilities for the safe and 
sanitary removal and treatment of sewage from all vessels are 
reasonably available for the areas covered under this determination 
which include Stage Harbor, north of a line drawn across its mouth at 
Nantucket Sound, and the following tributaries: Little Mill Pond, Mill 
Pond, Mitchell River, Oyster Pond River, and Oyster Pond. The Proposed 
area encompasses approximately 620 acres of water-sheet in the 
southeast corner of the town of Chatham. The latitude and longitude 
defining the boundaries of the Stage Harbor Complex are--Oyster Pond 
41 deg.40'84''-069 deg.57'84'', Little Mill Pond 41 deg.40'6''-
069 deg.57'3'', and at the mouth of Stage Harbor 41 deg.39'4''-
069 deg.59'0''. This determination is made pursuant to Section 
312(f)(3) of Public Laws 92-500, as amended by Public Law 95-217 and 
100-4.

    Dated: March 11, 1997.
John P. DeVillars,
Regional Administrator.
[FR Doc. 97-7345 Filed 3-21-97; 8:45 am]
BILLING CODE 6560-50-M