The August 18 meeting of the Mattapoisett Board of Health found the board hearing firsthand from members of the Massachusetts Department of Environmental Protection agency regarding new nitrogen-level regulations and other aspects of watershed protections to be implemented by the state within five years.
Members of the DEP responsible for various moving parts of the new Nitrogen Sensitive Areas Subcommittee provisions of Title 5 explained the plan to expand the definition of NSA, defined how these areas might be determined, summarized new nitrogen requirements for certain NSA areas, compliance options and announced an implementation schedule of new requirements.
The overall changes are geared to stepping up and adding to zones for protections of what are called embayments and the imposing of new loading restrictions on the release of nutrients in new NSA zones. (According to the Collins Dictionary, an embayment is any recess in a coastline or indentation of a coastline that forms a bay.)
The proposed regulatory framework as noted in the presentation states: “Any watershed to an embayment or sub-embayment that is the subject of a Nitrogen Total Maximum Daily Load (TMDL) approved by the USEPA pursuant to the federal Clean Water Act and an Area Wide Water Quality Management Plan pursuant to Section 208 of the Clean Water Act addressing nitrogen pollution. A “TMDL” is an EPA-approved calculation of the maximum amount of a pollutant allowed to enter a waterbody so that the waterbody will meet and continue to meet water quality standards for that particular pollutant. A TMDL determines a pollutant reduction target and allocates load reductions necessary to the sources of the pollutant.”
The presentation went on to note that the new NSA regulations require designated zones to reduce nitrogen loading within five years by upgrading private septic systems to the “…best available nitrogen reducing technology,” or by securing a town-wide Watershed Permit. Those are the two options that coastline communities will be facing.
The DEP team said that communities would need to develop long-term watershed management plans that address current water-quality impairment and new discharge measurements with a goal of total compliance of pollutant reductions within 20 years – a Watershed Permit.
Mattapoisett Board of Health Chairman Carmelo Nicolosi acknowledged the economic burden facing property owners who use private septic systems, should they be required to upgrade existing systems in order to meet new discharge rules. He noted homeowners who recently built homes with currently compliant, private septic systems could be facing tens of thousands in additional outlay in order to comply to new standards. The financial burden for the majority of old or new households in Mattapoisett would be enormous, he speculated. Nicolosi believes it would be in the interest of the town and its residents to move towards a Watershed Permit versus private upgrades.
The proposed process for obtaining such a permit include: public notice of the watershed permit application, use of the Environmental Protection Agency as a monitor, the availability of newspapers circulated in the Watershed Permit area, updating the DEP webpage, public-comment period of 60 days and a public hearing.
Town Administrator Mike Lorenco, who attended the meeting, said in a follow-up, “It’s likely the town will seek a permit,” noting that would give all impacted parties sufficient time to make, “small yet meaningful changes and, if necessary, bylaw changes.” He, too, acknowledged the financial impact that state-mandated regulatory changes might mean to property owners. Lorenco estimated that some 4,000 households might be impacted.
Of particular interest to the NSA committee are such areas as Aucoot Cove, Mattapoisett Harbor and Nasketucket Bay. Others areas may be included or areas expanded during study of the data, the team shared. They reported that a MEP report is underway for Nasketucket Bay with the timing for Aucoot Cove and Mattapoisett Harbor reports pending.
Financial support was touched on by one team member indicating loan options are available through a trust program at no interest and no fees, should individual betterments be required.
State team members and their contact information include: Marybeth Chubb (marybeth.chubb@mass.gov) for comments regarding the proposed framework, Millie Garcia-Serrano (millie.garcia-serrano@mass.gov), Jennifer Viveiros (jennifer.viveiros@mass.gov) for communication with towns and residents and Maria Pinaud (maria.pinaud@mass.gov) for funding information.
A copy of the full presentation is available at Mattapoisett.net. The next meeting of the Mattapoisett Board of Health was not scheduled upon adjournment.
Mattapoisett Board of Health
By Marilou Newell