The state Department of Environmental Protection is considering changing the Title 5 septic system regulations for much of Cape Cod to require nitrogen reduction and proper septage disposal. 

The rules could require upgrades of all existing systems to add nitrogen removal technology within five years of the regulation’s approval or for the town to apply for a watershed permit from the DEP to meet APA standards..

Massachusetts adopted Title 5 in 1995 to govern septic system operation. It requires an inspection when a house is sold and the system must meet the code.

“The DEP contacted town managers in advance of an advisory to all Cape towns that they’re proposing changes to Title 5 regulations that would apply to nitrogen-sensitive areas,” Brewster Town Administrator Peter Lombardi told his Select Board on June 6.

"It’s very early in the process," Lombardi said. "They want to meet with all Cape officials, then go through a public comment process.”

Watershed permits would give a town or group of municipalities 20 years to meet nitrogen loading standards for an estuary that are set by the federal Environmental Protection Agency. There is only one such permit held in Massachusetts and it is held by Orleans, Brewster, Harwich and Chatham for nutrient discharge into Pleasant Bay, which all the towns share.

Orleans, Harwich and Chatham are building sewers to protect the Pleasant Bay, while Brewster is reducing fertilizer use on its municipal golf course, improving drainage, looking at alternative systems and planning a small collection and treatment system.

“Nutrient contamination is one of the most pressing environmental challenges facing Cape Cod,” DEP Commissioner Martin Suuberg wrote in his letter to Brewster. “It is likely to harm the Cape's economy through a decline in fishing, shellfishing, tourism, and property values.”

More:Nitrogen cuts on target for P'bay

Excess nutrient levels promote algal growth, leading to oxygen depletion in the water, lack of light and lots of decaying seaweed on the seafloor. That contributes to declines in fish populations.

“Nitrogen from septic systems, wastewater treatment plants, lawns and storm water leaches into groundwater,” Suuberg wrote. “Approximately 85 percent of the wastewater flow into Cape Cod's embayments comes from on-site septic systems.”

He added that the DEP wants to “ensure that timely actions are taken to restore and protect coastal estuaries that have been impacted by excessive nitrogen pollution. Increased population and development in those areas surrounding Cape Cod's estuaries have resulted in excessive amounts of nutrients being discharged.”

More:Orleans contemplates expanding sewer project at a cost of an additional $80 million

That’s why the new rules specifically target Cape Cod. When the EPA deems an estuary impaired, they set a target for total maximum daily load of nitrogen (TMDL) that water body can accept without degrading further.

Thirty watersheds across the Cape have EPA-approved TMDLs. For those watersheds, the Nitrogen Sensitive Area (NSA) designation would be immediate when the new regulations are approved. Septic systems inside the NSA would have five years to upgrade to meet the new nitrogen-removal rules.

Innovative/alternative septic systems to remove nitrogen are being tested on the Cape. The Klean Tu system that is being tested around Shubael Pond in Marstons Mills cost $25,000 to $35,000 per home, according to the Barnstable Clean Water Coalition.

“There are many IA systems installed on the Cape,” Edmund Coletta DEP spokesman wrote.

The alternative to upgrading every home and business within the NSA watershed is for the town or towns to deal with it as the four lower Cape towns already are.

“If communities take advantage of this approach, and obtain a watershed permit that covers an area that would be subject to new NSA regulations, the system-by-system approach can be avoided,” Suuberg said. “Gov. (Charlie) Baker has proposed $200 million in additional funding for communities moving forward to addressing this environmental challenge.”

That state money still requires legislative approval.

“This approach provides the opportunity for communities to employ a greater range of solutions to address their water quality needs” Suuberg said.

At minimum, a watershed permit holder must achieve 75% of the goal in 20 years.

More:Cape water protection fund works as envisioned, according to proponents, as Brewster considers options

The four-town permit the towns obtained in 2018 was the first in the state. It’s for Pleasant Bay and is overseen by the Pleasant Bay Alliance which monitors progress in five-year blocks. After 20 years, they expect to have cut nitrogen inflow into the Pleasant Bay by 17,700 kilograms a year and each town has a specified share of the cuts. 

“We already have a Pleasant Bay permit,” Lombardi said. “It’s not clear yet how the proposed regulations impact existing permits. The regulations also impact Brewster in the Herring River watershed and in Harwich.”

In 2013, the DEP required the Cape to update the 1978 Water Quality Management Plan in line with the Federal Clean Water Act. This has led to much of the action on wastewater treatment, sewers and the creation of the Cape Cod and the Islands Water Protection Fund in 2018. But communities have proceeded at varying rates.   

More:Brewster sifts septic options to save millions

“Progress has been inconsistent and unpredictable across the Cape communities. We have clearly heard this concern from citizens and advocates who have urged additional action,” Suuberg said in justifying the proposed new rules. “For Cape Cod communities subject to the Section 208 Water Quality Management Plan, the designation and new requirements would become effective upon the final promulgation of the regulations.”

The DEP will open the draft rules for public comment in the fall. Meanwhile, the DEP will meet with municipal officials from Cape Cod.