Cape towns have been struggling to reduce continued progressive damage of our estuaries from nitrogen and nutrient loading. The State MA DEP in an effort to accelerate compliance with the requirements of the Clean Water Act, has proposed amendments to Title 5, the on-site septic system regulations for those Massachusetts communities not served by a municipal sewer.

The new regulations will classify all watersheds where nitrogen loads have adversely impacted a waterbody as nitrogen sensitive areas, or NSA’s. The adverse impact is described as a nitrogen TMDL- or Total Maximum Daily Load of nitrogen. The proposed regulations would require septic upgrades to the standard of enhanced treatment using the Best available technology (BAT) within 5 years. Simply put, this would require the installation of enhanced Innovative/Alternative (I/A) systems at all properties located in a NSA within 5 years, unless a watershed plan is developed to address the TMDL with a variety of targeted strategies that can be brought on-board over a 20-year period to reduce the nitrogen load.

We agree that Eastham’s estuaries are being impacted from excessive nitrogen loading primarily coming from on-site wastewater and our fragile ecosystem is suffering. We know that we need to take action to improve water quality, and we have been taking concrete steps to address this problem. The problem with the proposed regulations, is that it would shift the burden of compliance from the community to each individual property owner. This will create a huge burden on individual homeowners and the goal of achieving improved water quality will not be achieved. Even if the technology was available, installation, operation and maintenance are logistically not feasible. It is a town-wide, region-wide issue is best solved with solutions that are comprehensive.

The Town of Eastham has made formal comments and expressed concerns regarding the new regulations directly to the DEP. Concerns have been raised about the availability and cost of installing enhanced IA systems. The approximate cost to install a standard title 5 septic system is approximately $5300/bedroom, and a 3-bedroom title 5 would cost about $16,000. That cost is doubled for a standard I/A system and is approximately $32,000. The additional cost to add enhanced I/A treatment (providing BAT) for that 3-BR home would cost approximately $45,000.

Although all of Eastham is served by on-site septic systems, the precise impacts of the regulatory changes are not immediately clear, and the impacts will not be immediate. We are preparing for the changes to come, by developing a wastewater plan that is comprehensive, and paced over the next twenty years. This is a summary of the scope of our tasks ahead:

• Eastham does not yet have TMDL’s for nitrogen. They are proposed and in draft form in the Cape Cod 208 plan prepared by the Cape Cod Commission. We will continue to push to finalize these requirements. In the absence of a nitrogen TMDL, wastewater planning will pursue removal at lea the % removal of Nitrogen estimated for the watershed, which was expressed in the Cape Cod 208 plan.
• We have four areas to address with wastewater planning: The Salt Pond system, Nauset Marsh and Rock Harbor, Sensitive Ponds and pond watersheds, and Wellfleet Harbor watershed
• The Town has been working with the wastewater engineering firm GHD to develop a Targeted Watershed Management Plan (TWMP) for the Nauset Watershed, including Salt Pond. At this point, it is in draft form, with on-going assessment of capacity of a sewer system needed to meet nitrogen reduction goals, modeling and testing, and the development of conceptual plans for a collection and treatment system. The plan also discusses the permanent installation of permeable reactive barrier technology around Salt Pond, and plans for pond and stormwater remediation. We expect the plan to be completed in the spring of 2023 and ready to submit to the DEP. This is a critical step as an approved watershed management plan for the Town of Eastham will waive the requirement to upgrade to I/A systems for individual homeowners, as the Town moves forward to implement a comprehensive plan.
• The Town will be asking for Town Meeting’s approval on May 6, 2023, to fund the design and engineering of a wastewater treatment facility and collection system. This is a necessary step for us to address the need to reduce nitrogen going into our waterbodies in a community-wide, targeted manner.
• We are also in discussions with the Town of Orleans to work collaboratively to develop a plan for our shared waterbodies in South Eastham/Orleans, and to develop an approved path to secure the same waiver requirement for those nitrogen sensitive areas.

Please know that the Select Board and Board of Health are continuing to prioritize the development of a comprehensive wastewater plan. We will provide regular updates on progress throughout the spring, and will bring the first steps of a plan forward at the May Annual Town Meeting.

Jacqui Beebe

Eastham Town Manager

MassDEP Regulations

310 CMR 15.000: Septic Systems ("Title 5")

Current Regulations - The purpose of Title 5, 310 CMR 15.000, of the State Environmental Code is to provide for the protection of public health, safety, welfare and the environment by requiring the proper siting, construction, upgrade, and maintenance of on-site sewage disposal systems and appropriate means for the transport and disposal of septage.

Proposed Changes- MassDEP is proposing amendments to 310 CMR 15.000 in order to reduce nitrogen loads in the Commonwealth's estuaries and embayments. This is an unofficial version of Commonwealth regulations and is posted here for the convenience of the public. It is not an official statement of the regulations.

314 CMR 21.00: Watershed Permit Regulations

Proposed Regulation- This proposed regulation would provide a watershed permitting approach to control nitrogen and other pollutants from entering the Commonwealth's embayments and estuaries. This is an unofficial version of Commonwealth regulations and is posted here for the convenience of the public. It is not an official statement of the regulations.