UNITED STATES VIRGIN ISLANDS WATERSHED
RESTORATION ACTION STRATEGIES
This document constitutes the Virgin Islands' Watershed Restoration Action Strategies
(WRAS), developed subsequent to the Virgin Islands' Unified Watershed Assessment
(UWA) in fulfillment of the federal Clean Water Action Plan Initiative. The expectation
of the WRAS is to improve the water quality conditions of Virgin Islands waterbodies in
order to guarantee all citizens clean and safe waters, consistent with the goals of the
Clean Water Act (CWA).
It is the purpose of the present document to address general and specific point and
nonpoint sources pollution problems; and identify management measures to mitigate the
different causes of water quality impairment through the implementation of different
protection and control strategies. These strategies will include, but are not limited, to
activities such as: 1). increasing the number of monitoring networks, 2). increasing the
frequency of monitoring, 3). creating a number of monitoring and assessment
partnerships between governmental agencies and private sectors, 4). developing Best
Management Practices (BMP's) for non-point activities, 5). pursuing an aggressive
outreach program to seek the integration of the public and the concerning agencies in the
restoration activities and 6) promulgating legislation and/or amending environmental
regulations to allow for more effective enforcement. However, the most fundamental
element that will make the WRAS more effective will be the involvement and integration
of the different federal and local agencies and the citizens in the implementation of the
The UWA was approved by the US Environmental Protection Agency (EPA) in October
of 1998. The UWA was the result of the evaluation of the different watersheds of the
island taking in consideration different assessment criteria. This document identified 13
high priority Category I watersheds. Category I watersheds are defined as watershed
which do not meet or are in imminent danger of not meeting Water Quality Standards.
The criteria that were considered to established the restoration priorities were:
1. Criteria for defining watersheds in most need of restoration;
2. Consideration of existing restoration priorities;
3. A long term action schedule for developing response plans and focusing on 2000-
4. A process for involving diverse federal and local agencies, conservation
district/land conservation departments, non-governmental and private voluntary
organizations, the public, and others in priority setting.
Based on the results of the UWA, the restoration activities proposed in the WRAS will
address the pollution sources and causes found in Category I watersheds.
3.0 FRAMEWORK FOR WATERSHED RESTORATION STEPS
3.1 Initial Planning: Stakeholder Involvement
The WRAS was developed through the combined efforts of Federal, Territorial and local
government representatives, industry and environmental groups and university
researchers as well as private organizations and the public
3.2 Watershed Characterization and Assessment
Based on the findings of the UWA, the watersheds on St. Croix, St. Thomas and St. John
are classified into the following four categories:
3.2.1 CategorV I- Watershed In Need of Restoration
Category I watersheds do not now meet or are in imminent danger of not meeting clean
water and other natural resource objectives. Selection factors include:
u nonattainment of national clean water goals (including exceedances of state or
tribal water quality standards, or impaired drinking water sources, etc.);
L nonattainment of natural resource goals related to the aquatic systems, including
goals related to habitat, ecosystem health, and living resources;
L other appropriate measures of and indicators, of degraded aquatic system
conditions (e.g., wetland condition and current and historical loss rates, percent
impervious surface, and other measures of aquatic habitat); and
a decline in the condition of living and natural resources that are part of the aquatic
system in the watershed (e.g., decline in the populations of rare and endangered
aquatic species, decline in healthy populations of fish and shellfish, etc.)
Category I watersheds in the territory are listed in Table 1. They include seven
watersheds on St. Croix, four watersheds on St. Thomas and two watersheds on St.
John. The location of theses subwatersheds are in bold and shown in Attachment 1
(Figure 1 through 3)
Table 1: Category I Watershed
St. Croix St. Thomas/ St. John
Bethlehem St. Thomas Harbor & Long
HOVIC-STX Alumina Red Hook Bay
Airport Benner Bay
Diamond Magens Bay
Southgate Great Cruz Bay
Christainsted Fish Bay
3.2.2 Category II-Watersheds Meeting Goals, Including Those Needing Action to
Sustain Water Ouality-
The category II watersheds meet clean water and other natural resource standards and
supported healthy aquatic systems. These watersheds require continuing implementation
of clean water and natural resource programs in order to maintain water quality and
conserve natural resources.
Table 2: Category II Watershed
St. Croix St. John
Fort Frederik Emmons Bay
Enfield Green Cocoloba
Half Penny Bay
Orange Grove Water Got.
3.2.3 Category III- Watersheds with Pristine or Sensitive Aquatic System Conditions on Lands
Managed by Federal, State, and Tribal Governments-
The category III watersheds have exceptionally pristine water quality, are major drinking water
sources, or support sensitive aquatic system conditions. These are located on lands administered
by federal, or local governments.
Table 3: Category III Watershed
St. Croix St. John
Hams Bay Maho Bay
Long Point Bay Genti Bay
Long Point Little Lameshur
3.2.4. Watersheds With Insufficient Data To Make An Assessment-Category IV
The category IV watersheds lack data, critical data elements, or the data density needed to make a
Table 4: Category IV Watershed
St. Croix St. Thomas
Whim Prosperity Bordeaux Point
Good Hope Santa Maria Bay
Spring Bay Krabbepan Point
Solitude Bay Cyril E King Airport
Rust Up Twist Dorothea
The watersheds identified under the UWA were evaluated based on the following factors:
a NPS Pollution: runoff, erosion & sedimentation, OSDS, saltwater
intrusion, sewage, etc.
L Areas of Particular Concern (APCs):Coastal Zone Management Act of
L Clean Water Act Section 305(b) Report: State Biannual Water Quality
Report to US Environmental Protection Agency.
Clean Water Act (303(d) List of Impaired Water Bodies.
Territorial Pollutant Discharge Elimination System (TPDES) point
DEP Water Pollution Control Program list of reported unpermitted
discharges and sewage bypasses.
DEP Underground Storage Tank Program inventory.
DEP Public Water Supply Supervision Program inventory of Reverse
Osmosis plants utilizing sea water and/or groundwater intake.
USEPA List of Resource Conservation and Recovery Act (RCRA)
facilities in the USVI.
USEPA List of Underground Injection Control (UIC) facilities in the
Areas of Special Significance: Federal Wildlife Refuge, VI Marine
Reserve/Wildlife Sanctuary post Hugo assessment of priorities for
Pesticides storage facilities under Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA).
Areas protected by the Coastal Barriers Improvement Act (CBIA).
DFW inventory of Fish and Wildlife Resources.
CZM inventory of Marine Habitats.
USDA-NRCS -Highly I.,Erodeable.,Land soil-type description-
a Others, including CERCLA sites.
3.3 Watershed Problem Identification and Prioritization
According to the UWA, Category I watersheds can be grouped into two major groups:
-industrial/urban watersheds; and
-natural resource watersheds.
The industrial/urban watersheds are impaired primarily due to industries, urbanization,
landfills and sewage outfalls. This category includes the following watersheds: St.
Thomas Harbor (urban), Red Hook Bay (urban), Benner Bay (landfill/industrial) Great
Cruz Bay (urban), Christiansted (urban/sewage), Sandy Point (urban/sewage) Bethlehem
(industrial/sewage), HOVIC-STX Alumina (Industrial), Airport (landfill/industrial) and
Diamond (industrial). The last four constitute the South Shore Industrial area on St.
The natural resource watersheds terminate in the sea, lagoons or saltwater ponds and are
areas of important wildlife habitats. In addition, these watershed are ecologically
sensitive and many are important as fish nurseries. The following constitutes the natural
resources watersheds: Altoona sub-watershed of the Christiansted watershed and Vessup
Bay sub-watershed of the Red Hook watershed.
Table 5 identifies Category I watershed in most need of restoration and provide a
preliminary long-term schedule for developing a response plan. In addition, a map
outlining these watersheds can be found in Attachment 1; Figures 1 through 3.
Table 5:Priority Ranking, Category I Watersheds
St. Croix Category I Priority Schedulefor Developing
Ranking Response Plans
Bethlehem 1-Highest 1999-2002
HOVIC-STX 1-Highest 1999-2002
Airport 1-Highest 1999-2002
Diamond 1-Highest 1999-2002
Christainsted 2-Moderate 2000-2004
Southgate 3-Lowest 2000-2004
Great Pond 3-Lowest 2000-2004
St. Thomas/St. John
Benner Bay 1-Highest 1999-2002
St. Thomas Harbor & 2-Moderate 2000-2004
Fish Bay 2-Moderate 2000-2002
Red Hook Bay 3-Lowest 2000-2002
Magens Bay 3-Lowest 2000-2002
3.4 Watershed Area Description
As shown in Table 5, the highest priority category I watersheds as per the UWA are:
Benner Bay and Bethlehem, HOVIC-STX Alumina, Airport, and Diamond (Southshore
Industrial Area). These watersheds represent five (5) of the most important bodies of
water of the Virgin Islands because of the territorial extension that they cover, the
numbers of water intakes that they have and the importance of the different economical
activities that had been developed in the surrounding areas. Additionally, the Fish Bay
watershed on St John will also be addressed
3.4.1. Benner Bay/Mangrove Lagoon
The Benner Bay watershed resource use is summarized in Table 6
Table 6: Benner Bay/Mangrove Lagoon Major Land and water use
This watershed constitutes 1/3 of St. This watershed's waters, mangrove and
Thomas's population seagrass bed provided a rich area for fish and a
protective habitat for benthic biota.
This watershed consist of high and Benner Bay forms a protective harbor that is of
moderate density housing, paved streets, commercial importance
sewage treatment plants as well as various
The mangrove lagoon acts as a natural Benner Bay is a site for small and large
barrier against shore erosion, flood and marinas as well as marina associated
hurricane waves due to it's fringed shores. businesses
The coast configuration provides a Wastewater treatment in the Mangrove
protective anchorage for boats Lagoon-Turpentine Run drainage basin is
provide five aging treatment plants
The only horse track on St. Thomas is
within this watershed.
Small docks scattered around Benner Bay
are used by local fishermen
A 10" ID portable water distribution main
runs within the this watershed providing
service to a number of customers and
The Bovoni landfill is within the
watershed. This 15-18 acres landfill have
collected solid waste for St. Thomas and
St. John since 1992
Most recreational activities centers around
Most homes and businesses in the
Mangrove Lagoon and Benner Bay are
connected to septic tank/leach pit systems.
Residents in the Tutu and Bovoni area are
connected to a sewage collection system.
Others especially those higher in the
watershed use individual septic tank
The Mangrove lagoon is recognized as a
prehistoric site as well as one rich in
184.108.40.206 Identification of Issues
a Public access to the shoreline is guaranteed under the Open Shoreline Act.
However, public accessibility to the shoreline at the Mangrove Lagoon/ Benner
Bay has been severely curtailed by commercial and private development in the
u Nutrient loading that impair water bodies are attributable to moored vessels at the
Mangrove Lagoon and Benner Bay (Wernicke and Towle, 1983).
u Previous earth moving operations, administered in the watershed as a result of
residential and commercial construction, has been a targeted contributor of
a The four operable wastewater treatment plants in the Mangrove
Lagoon/Turpentine Run drainage basin lack sludge handling facilities and is in
repeatedly violation of their discharge permits producing odor and possible health
hazards. These plants are scheduled to be replaced by the proposed Mangrove
Lagoon Wastewater Treatment Facility.
u Waste from live-aboard vessels docked and moored within the watershed causes
water quality issues.
u Since 1992, the 5- 18 acres Bovoni Landfil is the receiving site for all collected
solid waste for St. Thomas and St. John. Due to the heavy volume of trash
generated (2000 tons/day), this landfill is near capacity An underground fire at
the site continues to bum. The site is the repository for hazardous wastes
including waste oils, household chemicals and hospital wastes. As a result, this
waste leaches into the groundwater and eventually into the lagoon.
u The watershed is the site of a number of vehicle repair facilities. Some of the this
facilities are licensed while other are not. These facilities are collection sites for
waste lubricants, batteries, tires, etc. The marinas along Benner Bay are also
collection sites for waste oil.
u Most the homes in the Mangrove Lagoon and Benner Bay area are connected to
septic tank and leach pit systems. Businesses bordering the Mangrove Lagoon
also use septic systems. Most of the residences built in Tutu and Bovoni are
being connected to the sewage collection system. Others, especially higher in the
watersheds, utilize individual septic tank systems.
u Approximately, one-third of the population of St. Thomas resides in the
watershed. The combined watersheds support high and moderate density housing,
with associated paved streets, sewage treatment plants, and a multitude of
u Recreational activity within the watershed centers around boating.
i Air pollution has the potential to become an issue within the watershed during
rare instances of westerly air flow, which can blow smoke and smells from the
dump into the Mangrove Lagoon/Benner Bay area.
In 1968, the horse racetrack was relocated to its present location adjacent to the
lagoon. This operation involved filling in a mangrove vegetated delta and
rerouting all the drainage entering the Turpentine Run into a single channel. This
reduced the cleansing action of the tributaries resulting in a greater influx of
sediment and pollutants into the lagoon.
Major boating repair activity occur in Benner Bay This operation involves the
use of highly toxic chemicals including the resins used in fiberglass repair,
lubricating oils and fuel additives used in boat engines and exceedingly toxic
paints used on boats hulls that retard growth of algae and other bottom flowing
220.127.116.11 Goal Setting
Benner Buy a-\ 1, grove Lagoon
Attempt to uphold, re-establish, and improve the natural appearance and
traditional uses of the Mangrove Lagoon /Benner Bay ecosystem.
Monitor and plan future development in Benner Bay/Mangrove Lagoon
Ensure that future development consider water-dependent uses of the limited
undeveloped waterfront as opposed to development proposals.
Ensure that generated wastewater within the watershed is adequately treated.
Relocate the Bovoni Landfill to or make certain that this landfill come into
compliance with EPA standards.
18.104.22.168 Watershed Restoration Plan Development
The goals and management practices of the Benner Bay watershed are listed in
Table 7: Management Practices/Benner Bay/Mangrove Lagoon
Goal Management Practices
Goal 1 -Enforce the Mangrove Lagoon Marine Reserve
Attempt to uphold, re-establish, and improve the natural and Wildlife Sanctuary Rules and F._'i,. '1.,1
appearance and traditional us of the Mangrove Lagoon -Implement CZARA requirements for marinas in the
/Benner Bay ecosystem watershed.
-Dredge Benner Bay, if there will be little or no
environmental t .g ,...'. to enhance vessel
movement and access in the area.
Goal 2 -Enforce the Virgin Islands Coastal Zone
Monitor and plan future development in Benner ManagementAct, Title 12, Chapter 21, Section 903
T., i A",,. i.. Lagoon watershed -Enforce the Virgin Islands Zoning and Subdivision
Law and Rules and F',. i ,,6. '1,,
-Enforce Marine Reserve & Wildlife Sanctuary
-. Determine boundary delineation to demarcate
Mangrove restoration and Marina operation areas.
-Identify and map marine resources.
Goal 3 -Enforce Virgin Islands Coastal Zone
Ensure that future development consider water-dependent Management Act, Title 12, Chapter 21,
uses of the limited undeveloped waterfront as opposed to Section 903 (b), (1)
Goal 4 -Enforce Virgin Islands Coastal Zone Management
Ensure that generated wastewater within the watershed is Act, Title 12, Chapter 21, Section 906 (b) (5), (10)
adequately treated -Enforce Virgin Islands Water Pollution Control
Act, Title 12, Chapter 7, Section 186 et seq.
-Enforce Mooring and Anchoring of Vessels, Title
25, Chapter 16, Section 401-1 et. seq.
Enforce Sanitation, Title 19, Chapter 53, Section
1404-72 et. seq.
-Enforce Wildlife and Marine Sanctuaries, Title 12,
Chapter 1, Subchapter VII, Section 92-1 et. seq.
Construct and ensure efficient operation of the
Mangrove Lagoon Wastewater Treatment Plant.
Goal 5 -Comply with the terms ofEPA consent order
Iffeasible, relocate the Bovoni landfill or make certain that -establish enhanced DPNR monitoring
this landfill come into compliance with EPA standards
22.214.171.124 Watershed Restoration Plan Implementation
The Department of Planning and Natural Resources will be the major regulatory agency
as it relates to implementation of the action strategies as described in Table 8 below.
Nonetheless, to ensure a favorable outcome, a cooperative partnership among local and
private entities as well as the community will be developed.
Goal Management Implementation Mechanism
-Enforce the Mangrove Lagoon
Marine Reserve and I
Sanctuary Rules and Regulation
for marinas in the watershed.
-To enable vessel movement and
entry and providing that there is
little sign ofdegradation, dredge
- Remove all abandoned vessels
and debris from the watershed.
traditional us of
Enforce the Mangrove Lagoon Marine Reserve and Wildlife Sanctuary Rules
-DPNR will enforce the rules and regulations promulgated for the protection of the designated
marine reserves and sanctuaries and for the operation and development ofmarinas.
- recruit .. to monitor development and to ensure comphance with applicable
Rules and Regulations
- .. .. 1 become aware of this rules and regulation by means ofa workshop conducted by the
Coastal Zone Management Program.
- A marine vessel will be purchased and equipped with the necessary tools to ensure .
implementation ofwatershed plans.
Implement CZARA requirements for marinas in the watershed.
Through the CZA permit application process, the Supplemental EAR Guidelnes for Marina
Development shall be implemented to ensure that all new applications for marinas shall address,
as a minimum, the following:
-design boat hull maintenance areas to minimize contaminant-laden
-locate and design fueling station and maintenance areas so that spills can be contained in a
-implement source control practices such as vacuuming of impervious areas; use of tarpauhns to
collect paint chips, sanding, and paint drippings; and use ofsanders with vacuum attachments to
collect hull paint sanding;
-design spill contingency plans; and design areas to include appropriate spill containment
-Liquid materials (i.e. oil, solvents, antifreeze, paints, etc.) shall be preventedfrom entering
coastal waters. Appropriate storage, transfer, containment, and disposalfacihties shall be
provided and maintained, and recycling of liquid materials i ..;. .'.', oil) encouraged Possible
practices to implement these goals include as a minimum:
-build curbs, berms, or other spill containment barriers around areas used for hquid material
storage. Store hquid materials in areas that are impervious to those materials;
-separate containers for disposal of waste oil, waste gasohne, used antifreeze, and oil-
contaminated water; diesel, kerosene, and mineral spirits containers should be clearly labeled,
marina patrons and employees should be directed as to proper disposal methods for these
materials through signs, mailings, training, etc.
-The amount offuel and oilfrom boat bilges and fuel tank air vents entering marina and coastal
waters shall be minimized. Practices to implement this goal include as a minimum:
-use the best available technology (BAT) on air vents or tank stems offuel tanks to prevent fuel
from through tank air vents and spilling into coastal waters; and
place 'oil-absorbing materials in bilge areas of all boats with inboard engines; check these once a
year and replace as necessary; recycle, impossible, or dispose ofproperty.
-Oil spill contingency plans are under preparation by both the VI. Government (DPNRIDEP) and
the U.S. Coast Guard. The DPNR/DEP currently awaits USEPA approval on a draft oil spill
To enable vessel movement and entry and providing that there is little sign of degradation,
dredge Benner Bay
-As part ofa collaboration between the Divisions ofFish and i .. Environmental
Enforcement and Coastal Zone Management ofDPNR and the Virgin Islands Port Authority
dredging ofBenner occur and construction of a public dock. After an environmental
impact assessment, activities will be undertaken pursuant to the Virgin Islands Coastal Zone
-The Virgin Islands Port i ,, determine the mostfeasible location for the public dock
and the amount of dredging necessary to allow for safe navigation in the. The Environmental
Impact assessment the Environmental impact assessment will be conducted by DPNR, and
provide funding for strategy implementation
-Enforce the Virgin Islands
Coastal Zone Management Act,
Title 12, Chapter 21, Section
-Enforce the Virgin Islands
Zoning, and Subdivision Law
and Rules and Regulations
-Enforce Marine Reserve &
S ~ ry Regs.
-. Establish boundary
dehneation to demarcate
Mangrove restoration and
Marina operation areas.
-Identify and map marine
Remove all abandoned vessels and debris from the Watershed
-As a collaborate between DPNR, Public Works and the Antlitter
and abandoned vessels from Benner
-This 1 include a clean-up schedule
Goal 3 -enforce the Virgin islands Enforce the Virgin islands Coastal Zone Management Act, Title 12, Chapter 21, Section 903
Ensure the Coastal Zone Management Act, (b), (1)
future Title 12, Chapter 21, Section -permit only water dependent development
development 903 (b), (1) -suitable land uses within watershed should be consistent with the Coastal Zone Management Act
consider through the review process
uses of the
Enforce the Virgin Islands Coastal Zone Management Act, Title 12, Chapter 21, Section 903
-DPNR will enforce the Coastal Zone Management Act to ensure publc access and to regulate the
type ofuses that will be permitted in the watershed.
-All proposed development within the watershed shall be reviewed through the CZA permitting
process to ensure consistency with the Coastal Land and Water Use Plan and the goals and
policies of the Coastal Zone Management Act.
Enforce the Virgin Islands Zoning and Subdivision Law and Rules and Regulations
-DPNR will enforce the Zoning and Subdivision Law to ensure that future development is within
the permitted use designation. \
-Rezoning in the watershed shall not be permitted except where the apphcant can clearly
demonstrate that the rezoning would be consistent with the goals and polhces of the CZAA and
that the purpose for rezoning would have less environmental impact than any other feasible
alternative, including no development.
Enforce Marine Reserve & Wildlife Regulations.
The Marine Reserve & ry regulations will be enforced to prevent the anchoring of
boats without functioning sewage holding tanks, and to prevent any moorings in the Cas
Cay/Mangrove Lagoon Marine Reserve and ry. .
Establish a boundary to delineate areas set aside for preservation as opposed to development
-DPNR will develop a map which shall demarcate a mangrove lagoon restoration area and the
marina development/operation area. All future activities shall be permitted in accordance with
this map which shall be required as apart of any CZA permit application for development in the
As part of education and outreach, the Department ofPlanning and Natural Resources will
develop a color map with .. .. signage and legends that clearly identifies the boundaries.
In addition,, pamphlets which provide information about the watershed and the need for the
boundary shall be produced and distributed
Identify and map marine resources
-DPNR/CZMAwill conduct a survey, in consultation and in collaboration with the Division of Fsh
and Ir the Nature Conservancy, the University of the Virgin Islands and other resource
institutions to identify and map marine resources within the watershed The map generated shall
be used as a prehminary tool to help determine the feasibility of development activities within the
Enforce Virgin Islands Coastal
Zone Management Act, Title 12,
Chapter 21, Section 906 (b) (5),
-Enforce Virgin Islands Water
Pollution ControlAct, Title 12,
Chapter 7, Section 186 et seq.
-Enforce Mooring and
Anchoring of Vessels, Title 25,
Chapter 16, Section 401-1 et.
- Enforce Sanitation, Title 19,
Chapter 53, Section 1404-72 et.
-Enforce ir andMlarine
Sanctuaries, Title 12, Chapter 1,
Subchapter VII, Section 92-1 et.
-Construct .. .
operate the Mangrove Lagoon
Wastewater Treatment Plant.
Enforce Virgin islands Coastal Zone Management Act, Title 12 Chapter 21, section 906 (b)
-DPNR DEP nonpoint source program will provide financial assistance to assist homeowners
with repairs and retrofitting needs.
-Educational material shall be distributed to inform residents of the importance of maintaining
their OSDS systems, how such maintenance should be carried out, and the role of. .. onsite
sewage treatment in reducing the risks of bacterial contamination and eutrophication in the bays
and salt ponds.
-DPNR will implement a schedule for the inspection of all sewage treatment systems and for the
pumpout ofin-ground systems.
-DPNR will deny permits for development and shall require connection to the Mangrove Lagoon
Wastewater Treatment Facility or the use of an alternative system to treat sewage in areas where
physical conditions prohibit the use ofin-ground systems.
-DPNR shall establish standards for, and encourage the use of the constructed wetland- type
biological systems until the waste water treatment facility is functioning adequately. (See
Enforce Virgin Islands Water Pollution Control Act, Title 12, Chapter 7, Section 186 et seq.
-The operators of all package plants must obtain a TPDES permit from DPNR and abide by the
condition. Inseption should be carried out and accurate records kept, to ensure operation
and timely maintenance.
Enforce Mooring and Anchoring of Vessels, Title 25, Chapter 16, Section 401-1 et. seq..
-Pumpoutfacilities are available for the public's use at the Crown i Marina in Crown and
the American Yacht Harbor in Redhook Under the Clean Vessel Act of 1992, the University of the
Virgin Islands, Marine Advisory Service is administering funds to purchase and operate a mobile
raw sewage pump out station to serve recreational boats in bays and mooring fields in
the St. Thomas-St. John area. DPNR will conduct routine inspections to ensure use of the
-A large visible sticker shall be issued to all boats that are moored, anchored in, or passing
through, the watershed Each time a vessel's holding tank is pumped out the sticker would be
stamped with the date and time. If the vessel had not had its holding tank pumped within a given
length of time based on its size and carrying capacity, a citation would be issued by the
-Enforce Sanitation, Title 19, Chapter 53, Section 1404-72 et. seq.
DPNR will strictly enforce the sanitation Code regarding the installation ofseptic tanks to ensure
that these systems are designed and constructed according to current building and plumbing
Construct and effectively operate the Mangrove Lagoon Wastewater Treatment Plant.
Construction of the Mangrove Lagoon Wastewater Treatment Plant will .. ., ;'.:.'.,'i the
release ofpollutant to the Turpentine Run Drainage Basin and Mangrove Lagoon, mitigate the
health hazards associated with p,," ..'.) treated wastewater as well as decrease the effect on
in the lagoon
-Comply with the terms ofEPA
-Enhance DPNR monitoring
or make certain
The time frame for attaining the goals described in the preceding section is provided in
Table 9 below.
Table 9: Timeframe
Comply with the terms of the EPA consent order which requires the DPW to do the
Ensure that hazardous waste is no longer delivered to the
Submit to EPA, a financial plan for carrying out the order.
Remove all hazardous material from the
Secure the andkeep it lockedwhen not operating.
Remove and remediate contaminated soil
Develop a plan for putting out fires at the
Develop a plan for monitoring groundwater.
Develop aplan for the management oflead-acid batteries and used oil.
identify alternate disposal sites for lead-acid batteries and used oil
-The will be covered with at least six inches of earth daily.
The Bovon L was designed only to handle household solid waste. Unfortunately,, the
disposal oflead-acid vehicle and marine batteries, and used oil are contained in the As a
result, the .has also inadequate ventilation which will continue to have
serious negative .. if not addressed. A proposed order to clean up the has been
negotiated between the U.S. Environmental Protection Agency (EPA) and the Virgin Islands
Government, execution of the consent order will require significant financial and human
-The Department ofPublic Works shall establsh a Sohd Waste Task Force which shall consist of
representatives from DPW, DPNR, Department ofHealth, Fire Service, EPA and the University of
the Virgin Islands. This Task Force shall institute guidehnes and a timeframes for the to
come into comphance with EPA mandates.
Establish[Enhance DPNR monitoring.
-DPNR shall enact or revise a monitoring program for the L to ensure compliance with
EPA standards. Copies of all monitoring reports from DPW and EPA will be reviewed by
DPNR to ensure that there is no further degradation to the environment or potential for adverse
health impacts. Pursuant to Superfund guidehnes, f DPNR concludes that DPW is not progressing
with comphance mandates in a timely manner and that the continued environmental degradation
poses imminent threat to publc health, then DPNR in concurrence with DPW shall request US.
EPA to proceed with the clean-up of the
Enforce the Mangrove Lagoon Marine Reserve and Wildlife Sanctuary Rules
and Regs. Immediately
Implement CZARA requirements for marinas in the Watershed. Immediately
Dredge Benner Bay, if there will be little or no environmental J4. i. 1i ,. ,,.
to enhance vessel movement and access in the area
Remove all abandoned vessels and other rubbish from the watershed.
Enforce the Virgin Islands Coastal Zone Management Act, Title 12, Chapter
2 1, Section 903 (b) Immediately
Enforce Marine Reserve & Wildlife Sanctuary Regs. Immediately
Establish boundary delineation to demarcate Mangrove restoration and
Marina operation areas.
Identify and map marine resources. Immediately
Enforce Virgin Islands Coastal Zone Management Act, Title 12, Chapter 2 1,
Section 903 (b), (1) Immediately
Enforce Virgin Islands Coastal Zone Management Act, Title 12, Chapter 21,
Section 906 (b) (5), Immediately
Enforce Virgin Islands Water Pollution Control Act, Title 12, Chapter 7,
Section 136 et seq. Immediately
Enforce Mooring andAnchoring of Vessels, Title 25, Chapter 16, Section 40
1 -1 et. seq. Immediately Immediately
Enforce Sanitation, Title 19, Chapter 53, Section 1404-72 et. seq. Immediately
Enforce Wildlife and Marine Sanctuaries, Title 12, Chapter 1, Subchapter
VII, Section 92-1 et.-seq. Immediately
Construct and effectively operate the Mangrove Lagoon Wastewater
Through Public Works comply with the terms of the EPA consent order 3 years
Establish/Enhance DPNR monitoring. 1 year
3.4.2 Southshore Industrial Area
The Southshore Industrial Area (Bethlehem, HOVIC-STX, Alumina, Airport and
Diamond) Watershed resources uses are summarized in Table 10
Table 10: Resource Uses
St. Croix's main aquifer, Kingshill aquifer is within this watershed
Mangrove communities are scattered within the watershed where fish take refuge mainly
along the shoreline from Manning Bay to the Alucroix Channel
The Billy French Pond is located within the watershed. This pond is classified as a major
wetland and house many species of endangered birds including the Bahama Duck and
St. Croix sewage pumping treatment facility with a primary sewage treatment plant and
fourteen pump station
St. Croix municipal solid waste landfill, Anguilla landfill is located within the watershed
The HOVENSA oil refinery is located within the watershed
The ST. Croix Alumina Plant, the container port and airport is located within the
The Flamboyant Racetrack is located within the watershed adjacent to the healthy
The VI Rum Industry is located within the watershed that discharge rum byproducts
through an outfall that terminated offshore
This watershed house Manning Bay which is the last relatively pristine mangrove lagoon
on St. Croix includes a gut that is refuge for brackish aquatic species and large turtle
seagrass beds offshore
This water house Ruth cay is a refuge for the endangered St. Croix Lizard (Ameriva
polyps) and the only known nesting place for the White-crowned Pigeon
This watershed house the VIALCO Eastern Wetlands/Salt Flats is the best feeding site in
the territory for the endangered Least Terns(sterna albifrons) and the low Shoreline
Cliffs East of the Billy French ponds is a nesting site for the White-tailed Tropicbird
From a historic aspect, a Colonial cemetery as well as three plantation era homesteads
are located within the watershed on the VIALCO property.
126.96.36.199 Identification of Issues
u Contamination of groundwater from potential oil spill in the industrial area
L Nutrient loading of coastal waters from red mud produced at St. Croix Alumina as
a by product of
a Sewage bypass from failing sewage treatment plant and pumping systems pump
station into coastal waters
L As a result of coastal water which is used for industrial cooling and waste
discharge experience sedimentation due to natural wind and wave result which
stir shallow bottom silts Water quality with high turbidity and reduced oxygen
L Degradation in water quality as a result of toxic VIRI rum effluent that have been
found to contain elevated concentration of arsenic, cooper and zinc (EPA 1998
L Aquatic flora and fauna that are affected by turbidity and sedimentation of coastal
waters within the watershed
L Increase use of Ruth Cay which causes damage to important sea grass beds
a Sewage bypass into the Billy French Pond will result in major fish kill
a Loss of vegetation in salt flats possibility due to hypersalinity resulting from
periodic discharge by HOVENSA of large volumes of seawater, surface runoff of
herbicides from HOVENSA or Hovensa 1992 oil spill, altered hydrology as a
result of upslope development VIALCO, which is a major bauxite processing
plant discharges proceeded water in a series of cooling ponds .Algae bloom and
suspended solids that comprise of trace of heavy metals are discharge into the
marine environment through the Alucroix Channel.
u A main outfall at HOVENS which discharges treated stormwater and oily
wastewater through several guts and drainage channels throughout the sea.
u The issue of air quality within the watershed
188.8.131.52 Goal Setting
) Improve the water quality of the Southshore Industrial Area
0 Prevent contamination of Ground water
a Plan and manage future development in the watershed
184.108.40.206 Watershed Restoration Plan Development
Management Practices to address the goals are outlined in Table 11
Table 11: Management Practices/Southshore Industrial Area
Improve the water quality of the
Stl ,h~b ei 'e Industrial Area
Goal 2 Prevent contamination of
Goal 3 Plan and manage future
development in the watershed
-address chronic turbidity in coastal
water in i/hin the watershed
-address the issue ofpotential oil spills
to coastal water in i/thin the watershed
-address the issue of water quality
address the issue of runofffrom
red mud tailing
-address the rum outfall effluent at
-address the issue of sewage bypass
form failing pump station
-protect the Mangrove population and
-Meet new municipal solid waste
-Ensure that the Anguilla landfill is
-Educate the public
-Enforce the Virgin Islands Coastal
Zone Management Act, Title 12,
Chapter 21, Section 903 (b)
-Enforce the Virgin Islands Zoning and
Subdivision Law and Rules and
Table 12 details how these management practices can be implemented.
220.127.116.11 Watershed Restoration Implementation
Table 12: Implementation Mechanism
-address chronic turbidity
in coastal water within
-address the issue of
potential oil spills to
coastal water within the
-address the issue of
address the issue ofrunoff
red mud tailing
-address the rum outfall
ettli'nt at VIRIL
-address the issue of
failing pump station
-protect the Mangrove
population and salt ponds
Address chronic turbidity in coastal water within the watershed
-use siltation-curtain, wires and cascaded settling ponds on dredging and fill
Address the issue of potential oil spills to coastal water within the
-enforce the Oil spill prevention and Pollution control; Act
-Implement oil spill reporting
Address the issue of water quality
-reduce nonpoint source pollution by stormwater Management
-implement the proposed stormwater ..i Iir,. '1, upon !,. ,.,l ,..A approval.
This i ';,ir,. ,, addresses stormwater runoff controls to protect water quality
-Implement Best Management Practices (See Attachment 3)
-thi. ,rih grants administered under section 319 of the clean water act,
individual can receive funding to address nonpoint source pollution in the
impaired watersheds in the territory
Address the issue of runoff from red mud tailing
-runoff from the red mud should be redirected into a separate settling basin
with treatment for removal of trace of heavy metals prior to discharge
Address the rum outfall effluent at VIRIL
-additional effluent toxicity should be carried out
-lengthen the outfall and administered appropriate diffuser mechanism
to become compliant with the Territory Water Quality Standards
Address the issue of sewage bypass form failing pump station
-through the department of Public Works ensure the progress with the repair
of the Fig Tree Pump station
-the Fig tree Gut should be monitored and diverted from entering Billy
French Pond in the event of a bypass
-become compliant with the Operation and Maintenance procedures for
Municipal waste water treatment plants to ensure the TPDES requirement are
meet and the collection system is leak-proof and of sufficient capacity to
handle peak loads
-proper training of operators for efficient operation, maintenance and
replacement of equipment
-adopt the OSDS regulation upon legislative approval
-encourage the use wetland constructed type systems(see attachment 2).
-reduce stormwater runoff velocity through vegetation and designed
Protect the Mangrove population and salt ponds
develop a Wetland Management Plan that addresses the development right of
the wetland, zone changes to protectfrom future development, should be
allowed for scientific or educational purposes
Goal 2 Prevent -Meet new municipal Meet new municipal solid criteria
contamination solid waste landfill -Establishment and maintenance of a protective berm(mounded soil with
of Ground criteria h,l,.,io,,. I a,,,,i on the seaward side of the landfill.
water -Ensure that the Anguilla -The ,. ,, .; southern edge of the landfill should be pushed back a minimum
landfill is EPA compliant
Educate the public
100 meters and future encroachment towards the cost strictly prohibited
Ensure that the Anguilla landfill is EPA compliant
Comply with the terms of the EPA consent order which requires the
DPW to do the following:
Ensure that hazardous waste is no longer delivered to the landfill.
Submit to EPA, a financial plan for carrying out the order.
Remove all hazardous materialfrom the landfill.
Secure the landfill and keep it locked when not 7' .. 1 i,
Remove and remediate contaminated soil
Develop a plan for pt1'ii,, i out fires at the landfill.
Develop a plan for monitoring groundwater.
Develop a plan for the management of lead-acid batteries and used oil.
identify alternate disposal sites for lead-acid batteries and used oil
-The landfill will be covered with at least six inches of earth daily.
The Bovoni Landfill was designed only to handle household solid waste.
Unfortunately,, the disposal of lead-acid vehicle and marine batteries, and
used oil are contained in the landfill. As a result, the landfill .has also
if,,. .... from inadequate ventilation which will continue to have serious
,i. ,ri, ..- effects if not addressed. A proposed order to clean up the landfill
has been ,i,, ga.,, ..1 between the U.S. Environmental Protection Agency
(EPA) and the Virgin Islands Government, execution of the consent order will
require significant financial and human resources.
-The Department of Public Works shall establish a Solid Waste Task Force
which shall consist ofrepresentatives from DPW, DPNR, Department of
Health, Fire Service, EPA and the University of the Virgin Islands. This Task
Force shall institute guidelines and a timeframes for the landfill to come into
compliance with EPA mandates.
Educate the public
-Promote waste reduction ;li. ili, recycling and reuse
-Promote the use of organic waste as fertilizers
Enforce the Virgin Islands Coastal Zone Management Act, Title 12,
Chapter 21, Section 903 (b)
DPNR shall enforce the Coastal Zone ManagementAct to ensure public
access and to regulate the type of uses that will be permitted in the watershed
. All proposed development within the watershed shall be reviewed ;i,. .,oi,
the CZM1 ii. Ir,,, i process to ensure consistency with the Coastal Land and
Water Use Plan and the goals and policies of the Coastal Zone Management
Enforce the Virgin Islands Zoning and Subdivision Law and Rules and
DPNR shall enforce the Zoning and Subdivision Law to ensure that future
development is within the permitted use (.. ,i,,r,. Rezoning in the APC
shall not be permitted except where the applicant can clearly demonstrate
that the rezoning would be consistent with the goals and policies of the CZA4
and that the purpose for rezoning would have less environmental impact than
any other feasible alternative, including no development.
Table 13 outlines the timeframe needed in implementing action strategies.
Table 13: Timeframe
-use siltation-curtain, wires and cascaded settling
ponds on dredging and fill operation
-enforce the Oil spill prevention and Pollution
-Implement oil spill reporting
-reduce nonpoint source pollution through
-implement the proposed stormwater regulation
upon legislative approval. This regulation
addresses stormwater runoff, controls to protect
-Implement Best Management Practices (See
-through grants administered under section 319 of
the clean water act, individual can receive funding
to address nonpoint source pollution in the impaired
watersheds in the territory
-runoff from the red mud should be redirected into a
separate settling basin with treatment for removal of
trace of heavy metals
prior to discharge
-additional effluent toxicity should be carried out
-lengthen the outfall and administered appropriate
-to become compliant with the Territory Water
-through the department of Public Works ensure the
progress with the repair of the Fig Tree Pump
-the Fig tree Gut should be monitored and diverted
from entering Billy French Pond in the event of a
-become compliant with the Operation and
Maintenance procedures for Municipal waste water
treatment plants to ensure the TPDES requirement
are meet and the collection system is leak-proof
and of sufficient capacity to handle peak loads
-proper training of operators for efficient operation,
maintenance and replacement of equipment
-adopt the OSDS regulation upon legislative
-encourage the use wetland constructed type
systems(see attachment 2).
-reduce stormwater runoff velocity through
vegetation and designed structures
Develop a Wetland Management Plan that
addresses the development right of the wetland,
Fiscal Year 2001
zone changes to protect from future development,
should be allowed for scientific or educational
-Establishment and maintenance of a protective
berm(mounded soil with stabilizing vegetation) on
the seaward side of the landfill. 1 year
-The exiting southern edge of the landfill should
be pushed back a minimum of 100 meters and
future encroachment towards the cost strictly 1 year
prohibited 3 years
-Ensure that the Anguilla landfill is EPA compliant 1 year
-Promote waste reduction through recycling and 1 year
-Promote the use of organic waste as fertilizers
-DPNR shall enforce the Coastal Zone Management
Act to ensure public access and to regulate the type
of uses that will be permitted in the watershed. All
proposed development within the watershed shall
be reviewed through the CZM permitting process to
ensure consistency with the Coastal Land and Water
Use Plan and the goals and policies of the Coastal
Zone Management Act.
-DPNR shall enforce the Zoning and Subdivision Immediately
Law to ensure that future development is within the
permitted use designation. Rezoning in the APC
shall not be permitted except where the applicant
can clearly demonstrate that the rezoning would be
consistent with the goals and policies of the CZMA
and that the purpose for rezoning would have less
environmental impact than any other feasible
alternative, including no development.
3.4.3 Fish Bay
Although not considered to be a high priority Category I watershed, the Fish Bay
Watershed is included as a result of it's ecological sensitivity and it's land uses are
addressed below. Additionally, a watershed management plan has already been
developed pursuant to Section 6217 of CZARA which can serve as a model for other
u Area of few development
a Contains Mangroves
a Contains salt ponds
18.104.22.168 Identification of Issues
There are a set of similar conditions in the watershed that are are also applicable to St.
Thomas and portions of St. Croix, namely:
a Rainfall on steep unpaved roads that leads to erosion
a Steep road that introduce sediments into Fish Bay
a Failing OSDS systems
a Reduce level of erosion
a Reduce the sedimentation in Fish Bay
a Reduce contamination from failing septic systems
a Maintain Mangrove population and salt pond
22.214.171.124 Watershed Restoration Plan Development
Table 14 addresses management practices essential in attaining goals for the Fish Bay
Table 14: Management Practices/Fish Bay
Goal Management Practices
Goal 2 Implement Best Management Practices
Reduce the sedimentation in Fish Bay
Goal 3 Improvefailing OSDS by making a move
Reduce contamination from failing septic toward Alternative OSDS
Goal 4 Uphold the Mangrove and salt pond
Maintain Mangrove population and salt
126.96.36.199 Watershed Restoration Implementation
Table 15 shows implementation mechanism for the Fish Bay Watershed.
Table 15: Implementation Mechanism
Goal 1 -Nonpoint source Nonpoint source
Reduce level of erosion Management Management
-Implement Best -stormwater Management
Management Practices -implement the proposed
stormwater regulation upon
legislative approval. This
Goal 2 -Implement Best Implement Best
Reduce the sedimentation in Management Practices Management Practices
fish Bay -See attachment 4
Goal 3 -Improve failing OSDS by Improve failing OSDS -
Reduce contamination from make a move toward
failing septic systems Alternative OSDS
-see attachment 2
-adopt and implement the
proposed OSDS regulation
upon legislative approval
-educate citizens on proper
Goal 4 Maintain Mangrove Preserve mangrove and salt
Maintain Mangrove population and salt ponds pond
Population and salt ponds -develop a Wetland
Management Plan that
addresses the development
right of the eiul, ,, zone
changes to protect from
future development should
be allowedfor scientific or
The timeframe for Fish Bay's implementation practices are addressed in Table 16.
Table 16: Timeframe
-implement the proposed stormwater 3 years
regulation upon legislative approval.
Implement Best Management Practices 12 muhinih
-See Attachment 1
Implement Best Management Practices
-See attachment 2 3 years
stormwater runoff and
controls to protect water
(See Attachment 4)
Improve failing OSDS by making a move
toward Alternative OSDS
-see attachment 2 3 years
-adopt and implement the proposed OSDS
regulation upon legislative approval 12 njunilh
-develop a Wetland Management Plan that
addresses the development right of the
wetland, zone changes toprotect from
future development should be allowedfor
scientific or educational purposes 3 years
4.0 RESTORATION STRATEGY DEVELOPMENTAL COST
The following constitutes funding sources
Table 17:Funding Sources
The Sewage Waste Water Fund
Coastal Protection Fund
Natural Resources Reclamation Fund
that can be used in carry out various
The Virgin Islands Tax Assessor
collects annual sewage assessment
fees from wastewater systems along
11 ith the collection of annual
property taxes. These revenues are
given to DPWfor use on sewage
The Virgin Islands Coastal
Protection fund, in accordance i ilh
the Oil Spill Prevention Act is
established by DPNR s a revolving
fund for implementing the provisions
of this act. The fund is limited to one
million dollars and includes license
fees, and penalties.
The Natural Resources Reclamation
Fund, pursuant to the Coastal
Management Act, is established to
meet expenses incurred in the
administration and enforcement of
the requirements of this act. Funds
include permits and other fines
associated i ith this act
Grants are an additional source of funding in an effort to satisfy the provision of the
WRAS. The following constitutes grants that can be used for implementation purposes.
a DPNR/DEP CWA Section 319 Nonpoint Source Management program provides
funding to control nonpoint source pollution by implementing Best Management
L DPNR/VIMAS Federal funds from programs such as the Clean Vessel Act can
be obtained to improve marine water quality either through implementation of
BMPs or monitor water quality along with other marine related projects.
L DPNR/CDBG This is a community Development Block Grant that provides
funding for a number of community based activities.
L VIRC&D This Rural development Funds addresses projects that 1)support
sustainable development of the local community 2)produce additional jobs,
income or improve living conditions and 3)natural resource based projects
involving forest resources or products.
L DPW 10% of the Intennodal Surface Transportation Efficiency Act (ISTEA)
must be set aside for runoff pollution control enhancements. The ISTEA of 1991
established the Surface Transportation Program (STP), which is a block program
that may be used for any roads that are not functionally classified as local or rural
minor collectors. Each state must set aside 10% percent of its allocated STP
funds for transportation enhancements, which include pedestrian and bicycle
facilities, acquisition of scenic easements and scenic or historic sites or historic
highway programs, landscaping and other scenic beautification, historic
preservation, rehabilitation and operation of historic transportation buildings and
facilities, preservation of abandoned railway corridors, control and removal of
outdoor advertising, and archaeological planning and research. Wetland
mitigation and banking projects are also eligible for funding.
L DPNR The Environmental Justice Small Grants Program provides financial to
eligible community groups (i.e., community-based/grassroots organizations,
churches, or other non-profit organizations) to carry out projects to address
environmental justice issues.
There are a specified regulation that will aid in the implementation of management
strategies outlined in the WRAS. The include Federal as well as Territorial statutes. The
following summarize the various regulations as they relate to this document
5.1 Federal Statutes
Table 18 outlines the various federal Policies need for implementing management
Table 18: Federal Statutes
Coastal Barrier Resources Act of 1982, as The CBRA promote adequate use and conservation of
amended (CBRA), 16 U.S. C. 350] et seq. coastal barriers along the Atlantic, Gulf and Great
Coastal Zone ManagementAct of 1972, as The CZA4 provides incentives for coastal states to
amended (CDM), 16 US.C 4145] el seq. effectively manage, protect and develop their coastal
zones consistent with Federal Standards and goals. In
order to receive Federal approval, a coastal zone
management plan must:
-identify the coastal zone boundaries define the
permissible land and water uses within the coastal
zone that have a direct and ;.-,;i;.....t impact and
identify the State's legal authority to regulate these
-inventory and designate areas ofparticular concern
-provide a planning process for energy facilities
-provide a planning process to control and decrease
shoreline erosion; and
provide for an i. ,.. i, i.. coordination and
consultation mechanism between regional
,State and local agencies.
Coastal Zone Act Reauthorization Amendments of This is a Federal requirement that coastal states with
1990 federally approved coastal zone management plans
prepare, and submit for Federal approval, coastal
nonpoint source pollution control programs. CZAL4
6217, 16U.S.C. 1455b. The coastal nonpoint
source pollution programs expand the nonpoint source
pollution programs developed under section 319 of the
Clean Water Act (CWA) by including land and water
uses aller ting coastal waters.
Magnusson Fishery Conservation and The MFC1A4 u i .. for the conservation and
ManagementAct (MFC4), 16 U.S.C. 180,, management of allfishery resources between three and
et seq. two hundred nautical miles (5.6and370km) offshore.
Fishery management plans (FMAPs) developed under
this authority establish the levels of commercial and
sportfishing consistent with achieving and maintaining
the optimum yield of each fishery.
National Historic Preservation Act (7VHPA), The NHPA authorizes the Secretary of the Interior to
16 US. C. 470 et seq. maintain a National Register of "districts, sites,
buildings, structures, and objects significant in
American history, architecture, archaeology, and
culture." Federal agencies c.,.lit,,. r,. licensing or
.. i r 1,, in an undertaking that may affect a listed site
or a site that is eligible for i, i i, must Provide the
Advisory Council on Historic Preservation a
reasonable opportunity to comment on the proposed
action before any action is taken.
Clean Water Act (CWA), 33 U.S. C. 1251 et The CWA. Establishes the restoration and maintaining
Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), 42
River and harbors Act (R[-L-, 33 U.S. C 40]
Water Resources DevelopmentAct (WRDA) of
Public Law (PL) 84-99
Public Law (PL) 93-288 (the Stafford Act) as
of the chemical, physical, and biological integrity of
the nation's waters. The CWA regulates discharges
from known sources and discharges of harmful
quantities of oil and hazardous substance discharges.
In addition, this Act control the disposal of vessel
sewage and dredged material. The EPA administers
the National Pollutant Discharge Elimination System
(NPDES). Under the NPDES program, a permit is
required for the discharge of any pollutant from a
point source into the navigable waters of the United
States. In 1987, the CWA was amended to include the
nonpoint source, \ program.
CERCLA, allows for Federal and State agencies
classify hazardous waste sites and prioritize response.
CERCLA gives the federal government with the
authority to respond to releases of hazardous
substances, remediate sites, and seek reimbursement
from the potentially responsible parties (PRPs).
Under section 10 of the RHA unauthorized obstruction
of the navigable waters of the United State is
unlawful. Moreover, the construction of any structure
or the excavation or fill in the navigable waters of the
United States is prohibited without a permit from the
ACOE. Section 13 prevents the discharge ofrefuse
and other substances into navigable waters.
Under section 22 of the WRDA the ACOE is
authorized to cooperate with the Commonwealth of
Puerto Rico and the U. S. Virgin Islands in the
preparation ofplans for the development, utilization,
and conservation of water and related land resources
of drainage basins and coastal area of the islands.
The Section 22 program intends to provide ACOE
planning expertise to assist comprehensive water
resource planning .. 'i. being done by the States.
Under PL 84-99, The Chief ofEngineers is permitted
to assume activities including disaster preparedness,
advance measures, emergency operations,
rehabilitation offlood control works threatened or
destroyed by flood, protection or repair of Federally
authorized shore protection works threatened or
damaged by coastal storms; and providing emergency
supplies of clean water in cases of drought or
contaminated water supply. In post-flood response
activities, the Corps provides temporary construction
and repair to essential public utilities and facilities and
emergency access for a 10-day period, at the request of
Under the ,l .... .'Act and Federal Disaster Response
Plan, the Corps of Engineers has a standing mission
assignment to provide public works and engineering
5.2 Territorial Statutes
Table 19 focuses on Territorial policies for implementation.
Table 19: Territorial Policies
The Virgin Islands Coastal
Zone Management Act,
Title 12 VIC Section 910,
Protection of Indigenous
Threatened Fish, Wildlife
and Plants Title 12 P7C,
The intent of the CZM Program is to treat coastlines as unique places where
conservation and special types of development should have priority
A CZM permit is required for any development activity in the first tier of the
coastal zone. Minor permit applications are internally reviewed by DPNR staff
and the permit is approved or denied by the commissioner of DPNR.
MajorperinitapplicationsarereviewedbyDT'.Pi,,,ai. .. ...i 1,i ii,0. 0 -,,. 1.
interested public agencies and presented at public hearings. The CZM
commission for the appropriate district denies, approves or approves the
permit with conditions.
Violation of permits result in the issuance of a Notice of Violation and
Assessment (NOVA) Which can ultimately result in revocation of the permit or
a fine. A Certificate of Occupancy is issued after a final inspection is
conducted and the development is not in any violation of the permit.
This !., .ih,. 'i, is intended to protect, conserve, and manage indigenous fish,
wildlife and plants, and endangered or threatened species for the ultimate
benefit of all Virgin Islanders now and in the future. A permit or license is
required from the Commissioner of DPNR before any ci rri-. hm,,,,n or
taking of specimen may occur. Failure to obtain a permit can result in a fine
1,\, ,.,ii -I'.'rboats. The purpose of these rules and ,. ,ii,,. i,,, is to reduce c .oiil,,. i, among ocean
To regulate the operation users, promote safe ... ,,,ni, and protect submerged aquatic h ,.,.. ,,. ,,;i 'ili
of Motorboats, Personal the establishment of operations areas, restricted areas and prohibited areas.
WatercraftandotherThrill Effectiveness of this !,.iia,. is dependent upon the availability of
craft Operations, VIRR enforcement officers to monitor for violations. An operator permit is required
title 25, Chapter 15 from DPNR before a person can rent any motorized vessel, watercraft or water
sports equipment. Civil penalties are assessed by the commissioner of DPNR
by Notice of Violation andAssessment.
The Oil Spill Prevention This !,., 'i.,t,. 1,, prohibits the discharge of oil, petroleum products or their by-
support in response to a major disaster or catastrophic
earthquake. Under this plan, the Corps will work
directly with the State in providing temporary repair
and construction of roads, bridges and utilities,
temporary shelter, debris removal and demolition,
water supply, etc.
and Pollution Control Act,
VIC Title 12 Chapter 17
Title 19 Chapter 56
The Water Pollution
Control Act, VIC Title 12,
products, and other pollutants into or upon any coastal waters, estuaries, tidal
flats, beaches and land adjoining the seacoast of the territory. AN license
will be issued by DPNR I fthe applicant has shown that thay controlling
pollution related to oil, petroleum and by product anf that in the event of
discharge, abatement measures are applied Licenses are issued on an annual
basis. Operation of a terminal facility without a terminal facility license is
prohibited. Any violation of this !,., 'it, ,1 is punishable by a civil penalty of
up $50,000 to be assessed by DPNR.
The purpose of this !,.ii'la,,,., is to provide for the proper storage,
transportation, and disposal of solid and hazardous wastes in the Virgin
Islands, to promote and facilitate, wherever possible, the recycling of solid
waste products, and resource conservation and recovery, to educate the public
on the need for, and to impose upon all persons the duty of c -,, i al' li,, to
public cleanliness and appearance in order to promote the public health, safety
and welfare and to protect the economic and aesthetic interests of the people of
the Virgin Islands Any person ,i'h-,,,ni any provision of the chapter can incur
a minimum fine of$ 1 0.00 and a maximum fine of $250.00. Penalties are not
significant enough to deter violations. Additionally, a citation can only be
issued if the violation occurs in the presence of the peace officer. However,
willful noncompliance or violation of permits can result in fines of up to 5, 000
for each day of noncompliance and more for subsequent violations
Any person engaged in the generation, storage, transportation, treatment,
disposal or recovery of hazardous wastes shall obtain a permit therefore from
the Department of Planning and Natural Resources. Whenever any person is
apprehended for any violation of the Solid and Hazardous waste chapter, a
citation known as a litter ticket may be issued and a fine levied on the
violators. If the violation was committed from a motor vehicle, boat or
aircraft, a lien may be placed against same until the fine is paid
The Virgin Islands Water Pollution Control Program (WPCP) falls under the
Virgin Islands Department of Planning and Natural Resources (DPNR),
Division of Environmental Protection (DEP). The WPCP is comprised of the
Ambient Monitoring Program (AMP), the Territorial Pollutant Discharge
Elimination Systems (TPDES) Program and the Ground Water Program
The AMP was established to evaluate coastal water quality by performing
regular scheduled sampling of monitoring stations located in coastal waters
around the three main islands St. Croix St. Thomas and St. John. This
program utilizes a network of 64 stations around St. Croix, 57 around St.
Thomas and 19 around St. John Most sites are sampled on a quarterly basis,
however, several sites on St. Thomas, due to their remoteness ,are sampled on
a semi-annually basis.. AMP data collected by DEP is recorded and stored in
files in the St. Thomas and St. Croix offices. This water quality data is not
transferred to the national Storet system on a regular basis because DEP has
not established a reliable computer link to the mainframe computer at EPA
Region Ifoffices in New York.
The TPDES Program issues permits for point-source discharges into waters of
the Virgin Islands. These regulated discharges include sewage treatment plant
outfalls (both public and private facilities), brine discharges from reverse
osmosis (and other technology) fresh water production plants, industrial
facility process water discharges, industrial facility drainage discharge, etc.
Permittees are required to keep a hard-bound ledger of effluentflow and limits
at the site for inspection. Additionally, depending on the facility and the nature
Zoning and Subdivision
Law, Title 29, Chapter 3
of the discharge, the permitted is required to submit to DEP monthly or
quarterly discharge monitoring reports (DMAR). Exceedences reported in the
DMRs trigger the issuance of a letter of warning or a Notice of Violation to the
A TPDES permit is required for all point-source discharges into waters of the
Virgin Islands. Enforcement options within VIC, Title 12, Chapter 7 include
injunctive, civil and criminal proceedings against the perpetratorss. Civil
penalties of up to $ 10,000 per day for documented discharge may be levied
against the perpetrator by the Commissioner of the Department of Planning
and Natural Resources. Criminal proceedings, upon conviction present a fine
of not less than $2,500 to not more
than $25,000 per day of violation. If the conviction constitutes a repeat
ottri.\i. the maximum fine may be up to $50,000 per day ofviolation.
The Subdivision Laws of the Virgin Islands have played a major role in the
development of the Territory and are now a mainstay of the development
process. Currently, the Department of Planning and Natural Resources has a
draft Subdivision F,.~.ihr',ai' which is intended to be integrated into the
proposed Virgin Islands Development Law. New subdivision ..i ihii,. ,,' have
provided greater control on developments which shape the character of
environmentally sensitive areas and require a greater amount of on-site
facilities. Additionally, new subdivision i,. 'lial,'i, require that land be
dedicated for public facilities, parks and schools. If the Subdivision Laws of
the Virgin Islands are continued, there will probably be three areas that will be
considered for amendments in order to address growing community needs and
1. Requiring that certain level ofsubdivisions be considered as major permits;
2. Requiring that greater amount of land be dedicated for public facilities;
3. Attaching some kind of impact assessment to permitted subdivision;
4. Availability of enforcement mechanisms
As part of the p,- ii iiI process for development, applicants must provide site
maps to verify the location of the development. If a development is not
properly zoned, as determined by the commissioner of DPNR, the development
permit will be denied. The Commissioner must also approve requests for
subdivisions offour or more parcels of land.
Trees and V_. i,. alr,,i This !,.A, ith. -i prevents the c i, ii,, or injuring of any tree or 1 ... r,,. ia within
Adjacent to Watercourses, 30feet of the center of any natural watercourse, or within 25feet of the edge of
VICC Title 12, Chapter 3 such watercourse, whichever is greater. This !,.,,i'h/.,,i lacks adequate
enforcement. Anyone wishing to cut or injure a tree must obtain written
permission from the commissioner ofDPNR.
Air Pollution ControlAct, This !,.I, .il,. 1,, provides for the i ,,i.,lh,. ', of discharges into the atmosphere
V"C' Title 12, Chapter 9, from any facility issued a permit under the provisions of said chapter. The
Subchapters 204 and 206 program's i. ,.. i, .. i,. a is based upon permits issued. Not all members of the
community voluntarily seek a permit for equipment that will produce emissions
Sewage Disposal, 7-itle 19,
Mooring and anchoring of
Vessels and houseboats Act
of 1990 Subchapters 401 to
410 Title 25, Chapter 16
to the atmosphere. Without a permit it is difficult for the Department to
determine what emissions are produced. Once a permit is issued, the
Department is able to monitor and ensure compliance with the permits. A
permit to operate and/or an authority to, construct is required before any air
contaminants may be released into the atmosphere.
This !,.i, ,ih,. -i, provides for the proper design and connections to the Public
Sewer System. The Department of Public Works shall ensure that no
stormwater from pavements, areaways, roofs or other sources be permitted to
the sanitary sewers which are designed to be used exclusively as carriers of
domestic sewage and suitable industrial wastes. Permits are required from the
Department of Public Works before any connection can be made to the public
The purpose of this !,. itao. ', is to provide for the orderly, efficient, equitable,
safe and ecologically sound allocation and i .. i,, 'i, ,, of mooring, anchorages,
and unobstructed ,,i ,i,,. ',,,I1 channels in the territorial waters of the United
States Virgin Islands ;,. 'ii the (.. 'oi,,,i,. ,, of mooring and anchoring areas,
identification of prohibited activities and other conditions as set forth in the
!,.,ih.,,i Mooring areas are monitored by enforcement officers to ensure
compliance with permit conditions. This program has proven i. i.... r .." but can
be ',.-,;,.. nii' improved by an increase of enforcement officers to patrol and
make the necessary inspections.
Mooring permits are issued by DPNR and must be renewed annually. A
mooring permit must be kept on the vessel and be available for inspection at all
times; a mooring decal, issued as part of the permit must be displayed on the
vessel. Noncompliance with conditions of the permit may result in the issuance
of a NOVA, or revocation of the permit.
Flood Damage The Flood Damage Prevention Rules and F,'.~ihi,. ', were established to
Prevention Rules & promote the public health, safety, and general welfare, and to minimize public
FB',. h.. ,i,,. Title 3, and private losses due to flood conditions in specific areas. A Flood Plain
Chapter 22, Subchapter Determination and Permit application is a required submittal for all
40-1 (b) (15) development activities in the VI. The program is effectively administered
;ih,.,-iti the Department of Planing and Natural Resources F.. ormmt i
program. Without approval from the Flood Plain Manager, a permit for
development cannot be issued. A Flood Zone Permit is issued by DPNR to
demonstrate compliance with the Flood Damage and Prevention ',. i, l,. ,,0
Antiquities and Cultural The Antiquities and Cultural Properties Act of 1997 complements the National
Properties Act of1998. Historic Preservation Act in '.'r',.,.r' and managing the Territory's
terrestrial and marine historical, cultural and archaeological resources for the
benefit of the people of the United States Virgin Islands. The Virgin Islands
State Historic Preservation Officer (VISHPO) is responsible for administering
the state historic preservation program and for .aji,,i ,.ii n.. the National
Historic Preservation Act. This law is i. i... i ,. /Ii enforced at least ;li,. ,i,-i the
review of applications for development. Before any land clearing or
excavation activities can occur, a permit must be obtained from the VISHPO
Zoning and Subdivision
Law, Title 29, Chapter 3,
Sanitation, Title 19,
Chapter 53, Division 8
Environmental Protection, Title
12, Chapter 13
which would ensure that development will be in accordance with the
Antiquities and Cultural Properties Act of 1998 and the National Historic
Preservation Act. The VISHPO issues or denies permits for use, access to, and
development of property containing historic, cultural or archaeological
resources, and for the excavation or removal of any archaeological specimen
for cultural exchange, scientific identification or any other purpose.
This !,., ihta,. was created for the conservation and preservation of historic
and cultural assets. No building or structure, including stone walls, fences,
paving and steps, may be erected, reconstructed, altered, restored, moved or
demolished within any Historic and Architectural Control District without first
being approved by the Virgin Islands Historic Preservation Commission
(HPC). The Virgin Islands State Historic Preservation Officer (VISHPO)
provides technical and general assistance to applicants wishing to obtain
approval from the HPC for federally funded projects. Upon submittal of an
application, the HPC reviews the application and notifies the applicant as well
as the Department of Planning and Natural Resources of its determination. If
the HPC is satisfied with the stated measures to comply with the goals and
policies of this act then approval is granted and the applicant may proceed to
obtain other necessary permits from DPNR. If the HPC is not satisfied with
the measures outlined then the application is denied and once again DIINR
and the applicant are notified. The applicant must take the necessary steps to
modify the application in accordance with recommendations from the HPC to
receive approval before any additional permits can be obtained from DPNR.
For the duration of the project, inspections are made on behalf of HPC to
ensure compliance with the issued permit. Violations are reported to the
Historic Preservation Commission who would then take actions to ensure
compliance. The coordinated effort among DPNR, HPC and the VISHPO is
very successful in conserving and preserving the historic and cultural assets of
the Virgin Islands. A determination letter from the Historic Preservation
Commission must be submitted to the Commissioner of DPNR before any
DPNR permits will be granted for activities in the Historic District. Failure to
comply with conditions of permits would result in a notice of violation which
may result in a fine.
This !,., hi,,t. ',, provides for the design and construction ofsewage collection
systems with standards for corrosion protection, allowable sewer pipe
leakage, capacity, velocity ofjl. ,ii, location and water tightness of manholes,
sewage pumping stations and pumps. Additionally there are requirements
for power supply, quality of effluent, Bypasses and other related factors.
Provided that funding is available, there seems to be no problem with
building the systems to specification. Various permits are required from the
Department of Planning and Natural Resources for construction of the
facility. Permits are also required for placement of the discharge pipe and
for the quality of effluent being discharged.
The Environmental Protection Law is applicable to all land clearing activities
in the second tier of the coastal zone but with the exception of agricultural
activities. Agricultural activities must be approved by the commissioner of
DPNR. This !., ,i,,t ,. requires that before any real property is cleared,
graded, filled or otherwise disturbed for any purpose or use including, but not
limited to, the erection of any building or structure, the quarrying of stone or
the construction of roads and streets, an earth change plan shall be approved
by DPNR. Upon approval of the Earth I ,,I,.:,. Plan an Earth I ,,I,.:,. Permit
I i 1 11 Y Y
5.2 Proposed Statutes
Table 20 addresses proposed statutes for implementation.
Table 20: Proposed Status
I,- ih.. ', IDescription
Virgin Islands Development Law The proposed Comprehensive Land and Water Use
Plan will establish a system for i.,, '/l
managing and utilizing land and water resources
Revised Coastal Zone ManagementAct This !., hi,a,. 1,, will eliminate the two-tier system of
.,' I i, i, that currently exist and establish a single
tier system. This will allow for more effective
management of natural resources since all
development in the near shore coastal zone or
upland will be regulated under CZM4.
Stormwater F. aior i' This !,., i' ,,h. ao is currently oni..'h, !',. ,rli .
approval. It is the intent of the .,i 'hi,,. 1,, to 1)
prevent contamination of surface water and
ground water by uncontrolled and untreated
stormwater ruttrf and 2) regulate land uses
that permit uncontrolled or untreated
OSDS a. F,.,h. ,' This !.:, i,ih. is currently undergoing public
is issued to the applicant. The Earth (I ,,h .. Permit is required before a
building or other permit shall be issued to the applicant by DPNR. Upon the
start of the activity for which an Earth ( /,, ..- Permit has been issued, the
owner of the property shall notify the designated earth change officer who will
schedule inspections that may be deemed necessary for the elective
enforcement of the provisions of this law. The inspector maintains records of
inspections made, notices issued and actions taken by property owners
pursuant to notices j. ,oil,, from inspections. Any violations of the issued
permit could result in a stop work order until the violation is corrected or may
be prosecuted by the Attorney General. The two major problems p..... I. ,,,
the effective implementation of the Environmental Protection Law lie in DPNR
not being able to retain sufficient inspectors to adequately inspect all
construction sites in a timely manner and follow up to ensure that problems or
violations are corrected. Secondly, the procedure which currently exists for
prosecution by the attorney General is very labor intensive and often times the
violator proceeds with his development to completion before the matter can be
addressed by the Attorney General. Agricultural activities are exempted from
requiring Earth (C i.",I.. Plans. An Earth (C i.",I.. Permit must be obtained and
a sign shall be posted at the construction site in clear view of the general
public to display the Earth CI(i, i,.- Permit number. Inspectors and others
could easily identify a project based on the number and report violations to be
acted upon by the designated inspector. When there is a violation of the
permit, a Stop Work Order is issued specifying the problem and the actions
that should be taken to correct it.
comment. This !,.~.,iir,.i intents to address
both conventional and alternative OSDS.
6.0 COMMUNITY INVOLVEMENT
Community involvement s an essential part of carry out the management strategies of
the WRAS. An essential component is education and outreach. Through public
outreach the community can participate in implementation strategies. Education can
be administered in various school. As students become aware the will get parents
Through land acquisition, once a suitable area is identified for preservation, the area
may be acquired along with the development rights-conservation easements -
restrictions put on property that legally restrict the present and future use of the land.
Land trusts may be established as publicly or privately sponsored nonprofit
organizations with the goal of holding lands or conservation easements for the
protection of habitat, water quality, recreation or scenic value. The effectiveness of
the land acquisition program is determined by the size of the parcel and the difference
between redevelopment and post-development pollutant loading rates. The
acquisition and preservation of these areas can be extremely important to water
quality protection and decrease the cost of maintenance. Although this might not be a
feasible solution for the Virgin Islands Government, community groups can organize
themselves into nonprofit organizations and solicit grants from various federal
agencies to acquire necessary lands.
6.1 Lead Supporting Entities
DPNR through the Coastal Zone Management Act is the lead agency for the
implementation of the WRAS The Coastal Zone Management Act will be enforced
to improve and re-establish the overall value of the environment in the watershed,
encourage economic development, guarantee priority for coastal-dependent
development, present inexpensive and varied public recreational opportunities,
preserve coastal water quality and support public participation in decisions affecting
coastal planning conservation and development. Moreover, This act will ensure that
ecologically significant resource areas are conserved for their contribution to marine
productivity and value.
The following agencies shall be responsible for the following activities in this
Virgin Islands Port Authority will be responsible for all construction, repairs and
maintenance of docks, bulkheads, wharfs and other facilities under its jurisdiction,
as well as all dredging activities.
Department of Public Works will address all construction, repair and maintenance
of roads, roadsides, sidewalks and parking facilities; all trash removal and
beautification of the watershed. All repairs
and maintenance of sewer systems, outfall pipes etc. Public transportation
a Department of Housing Parks and Recreation will be accountable for the
establishment and maintenance of parks and recreational areas and facilities,
minimize conflicts between user groups.
a ST. Thomas-St. John Environmental Association will continue to voluntarily
report environmental concerns, violation of development permits and continue to
promote environmental awareness in the community.
a The Private Sector will develop the watershed in accordance with permits issued
and shall establish a taskforce to ensure that development in the watershed is
harmonious and cognizant of the goals of the watershed.
o St. Thomas-St. John Fisheries Advisory Committee will continue to monitor
trends in fishing resources and make recommendations to DPNR for improved
The above mentioned action strategies will be continually monitored and evaluated. If
the actions are found to be unsucessfull, changes to strategies should be implemented
to assure the impairment within each watershed is addressed