New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 12 - GENERAL WATER AREAS › Section 7:7-12.9 - Dredged material disposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Dredged material disposal is the discharge of sediments removed during dredging
				operations in water areas. Dredged material disposal does not include the
				beneficial use of dredged material for the purposes of habitat creation,
				restoration, or enhancement, artificial reef construction, or the establishment
				of living shorelines.
(b)The
				standards relevant to dredged material disposal in water areas are as follows:
1. Dredged material disposal is prohibited in
				tidal guts, man-made harbors, medium rivers, as described at
				7:7-12.1(b)5,
				creeks and streams, and lakes, ponds, and reservoirs. Dredged material disposal
				is discouraged in open bays, and semi-enclosed and backbays, where the water
				depth is less than six feet;
2.
				Disposal of dredged materials in the ocean and bays deeper than six feet is
				conditionally acceptable provided that there is no feasible beneficial use or
				upland placement site available and the disposal complies with the following,
				incorporated herein by reference, as appropriate to the proposed disposal site:
i. The USEPA and U.S. Army Corps of Engineers
				Guidelines (40 CFR parts 220-228 and 230-232 and 33 CFR parts 320-330 and
				335-338) established under Section 404(b) of the Clean Water Act. These
				documents are available on the web at
http://www.ecfr.gov/cgi-bin/text-idx?
				tpl=/ecfrbrowse/Title40/40cfr136_main_02.tpl
and
http://www.ecfr.gov/cgi-bin/text-idx?
				tpl=/ecfrbrowse/Title33/33tab_02.tpl
;
ii. The U.S. Environmental Protection Agency
				and Department of the Army -- U.S. Army Corps of Engineers, 1998. Evaluation of
				Dredged Material Proposed for discharge in Waters of the U.S. --Testing Manual
				(Inland Testing Manual). EPA 823-B-98-004, February 1998. This document is
				available on the web at
http://www.epa.gov/sites/production/files/2015-08/documents/inland_testing_manual_0.pdf
iii. The U.S. Environmental Protection Agency
				and Department of the Army -- U.S. Army Corps of Engineers, 1991. Evaluation of
				Dredged Material Proposed for Ocean Disposal -- Testing Manual,
				EPA-503/8-91/0001, February 1991. This document is available on the web at
http://www.epa.gov/sites/production/files/2015-10/documents/green_book.pdf
;
iv. The U.S. Army Corps of
				Engineers-New York District and U.S. Environmental Protection Agency, Region
				II, 2016. Guidance for Performing Tests on Dredged Material Proposed for Ocean
				Disposal, April 2016. This document is available on the web at
http://www.epa.gov/sites/production/files/2016-10/documents/r2_rtm-april_2016.pdf
;
				and
v. Appendix G;
3. Dredged material disposal in
				water areas shall conform with applicable State Surface Water Quality Standards
				at N.J.A.C. 7:9B;
4. Overboard
				disposal (also known as aquatic, open water, side casting, subaqueous, or wet)
				of uncontaminated sediments into unconfined disposal sites in existing anoxic
				dredge holes shall comply with the following:
i. Data on water quality, benthic
				productivity and seasonal finfish use demonstrate that the unconfined disposal
				site has limited biological value;
ii. All subaqueous dredged material disposal
				shall utilize best management techniques such as submerged elbows or underwater
				diffusers and may be limited to a particular tidal cycle to further minimize
				impacts; and
iii. The hole shall
				not be filled higher than the depth of the surrounding waters.
5. Overboard disposal of sediments
				consisting of less than 90 percent sand shall be conditionally acceptable in
				unconfined disposal sites when shallow waters preclude removal to a dredged
				material management area. Such disposal shall comply with the following:
i. Shellfish habitats, as defined in
				7:7-9.2, are not within 1,000
				meters;
ii. Disposal will not
				smother or cause condemnation or contamination of harvestable shellfish
				resources, as in
				7:7-9.2;
iii. Sediment characteristics of the dredged
				material and disposal site are similar; and
6. Uncontaminated dredged sediments with 75
				percent sand or greater are generally encouraged for beach
				nourishment.