Current through Register Vol. 56, No. 6, March 18, 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.pdfiii. 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.
(c) The standards for dredged material placement on land are found at 7:7-15.12.
(d) Rationale: Dredged material disposal can have significant adverse effects, such as introduction of heavy metals, burial of benthic flora and fauna and increased turbidity. Therefore, dredged material disposal is prohibited or discouraged in smaller water bodies which have lesser assimilative capacities and is conditionally acceptable in larger water bodies if in conformance with the USEPA Guidelines and applicable State Surface Water Quality Standards at N.J.A.C. 7:9B. Unconfined overboard (or open water) disposal, particularly of hydraulically dredged fine grain sediments, frequently forms a "fluid mud" layer along the water body bottom. Fluid muds have been documented to cause acute mortality of aquatic benthic organisms due to low oxygen levels and slow rate of consolidation. Movement of fluid muds away from an unconfined dredged material disposal site cannot be controlled with silt curtains. Due to these impacts, upland placement and beneficial uses of dredged material are preferred methods of dredged material management.
