On January 28, 2023, CPWB sent formal comments to the Massachusetts Department of Environmental Protection on its proposed changes to Title 5, the state septic system code, and its new watershed permit regulations. Both rules aim to cut nitrogen from septic systems in Cape Cod’s estuaries, either by requiring nitrogen-reducing septic systems or by letting towns commit to a 20-year watershed plan instead.
CPWB supported both proposals. The letter described how Waquoit Bay changed over fifty years, from clear water and eelgrass beds to algae mats and murky shallows, and pointed out that despite decades of studies and the Bay’s designation as an Area of Critical Environmental Concern, the Bay and its rivers remain far above their state nitrogen limits. It noted that the lower Moonakis/Quashnet River was running about three times its limit, and that the Bay is split between two towns with little incentive to act quickly.
What CPWB asked for
- No delays. Keep the watershed permit term at 20 years, and set a deadline for MassDEP to approve or deny a town’s application.
- Count bedrooms honestly. Close the loophole where rooms used as bedrooms aren’t counted, which undercounts septic flow and nitrogen.
- Cover more building work. Define new construction and renovations broadly enough that more projects trigger an upgrade.
- Aim for full compliance. Let towns settle for a 75% reduction only if they prove full compliance isn’t realistic and the remaining harm isn’t significant.
- Do the most effective things first. Prioritize the earliest, largest nitrogen cuts, and don’t rely on sewers alone: use management entities for nitrogen-reducing septic systems, urine diversion, and tests of floating wetlands and permeable reactive barriers.
CPWB also endorsed the comments of the Association to Preserve Cape Cod and the Conservation Law Foundation, and urged the state to help towns with the cost. MassDEP adopted final versions of both rules in 2023 (what happened next).
Drafted with AI assistance from the linked source.
