BCWC Fall23Winter24 Newsletter

Issue 25, Fall 2023 Barnstable COALITION CLEANWATER Coalition Quarterly DOUBLE ISSUE Rules, Regulations, and Resources Health Board Passes New Septic Regulations New Wastewater Rules Arrive in Tisbury BCleanWater.org

A Note From The Helm Regulations, Resources, and Results When it comes to new Innovative/Alternative (I/A) septic systems (individual wastewater treatment systems), we have currently assessed that the KleanTu NitROE I/A stands out as best in class. We believe that meaningful performance equates to removing 90% or more of the nitrogen in wastewater. Less than that is simply not good enough to protect our precious waters including groundwater, surface water, lakes, ponds, estuaries, and coastal waters. To that end, we acknowledge that an individual system alone doesn’t tell the whole story. Like any large municipal system, individual systems must reliably work together to achieve certi昀椀able performance. Regulators will look to an organization they refer to as a Responsible Management Entity (RME) to guarantee such performance. An RME will manage testing, performance certi昀椀cation, tracking, compliance, maintenance and more. There is much to be determined regarding the adoption Simply put, who will support and 昀椀x I/A systems? Who will of I/A systems, with the critical element of “performance” ensure the septic tank is pumped on time (not optional)? coming into the “feedback loop”. Regulators (both state That the required power is on? And so forth. One or more and local) must be con昀椀dent that performance standards businesses may be involved in this project. are being met. For many watersheds falling under the The local municipality, the Massachusetts Department of new Nitrogen Sensitive Area (NSA) regulations on Cape Environmental Protection (MassDEP), and the local Boards Cod, performance is the lynchpin. Sewer expansion may of Health all have “skin in the game”. Everyone needs to be guarantee 100% nitrogen removal in one sub-watershed, con昀椀dent regarding a system’s performance and what that but this is not a “zero-sum” game and money matters. means for regulations of our waters. Thus, if an I/A system delivers 90 or 95% removal for Who pays? For municipal sewer expansion, there are some fractional cost, is that good enough? various potential funding sources. The same should be true As a community how do we weigh the value of 95% for individual systems that fall under similar regulations, nitrogen removal within 5 years of a system’s installation, jurisdictions, and standards. This may include federal funds versus 100% in 20 or 30 years? via state revolving funds (SRF) loan program, tax credits at In this newsletter, we aim to provide answers, or at least the state and local level, grants, private and public loans, a roadmap, to answer some of these questions. We don’t individual homeowner payments (for services provided) have all the answers, but we can help. and more. Some of these payments may be wrapped into the RME structure and required; others may be up to We are also providing an update on the “best in class” I/A individual selection. technology we have been testing as part of our Shubael When it comes to 昀椀nding contractors in the town of Pond project. Recall that this is the only I/A project testing Barnstable, you can choose the company who will connect I/A’s in “real world” conditions. The results look great! your home to the sewer. Likewise, you should be able to select a contractor for your I/A installation, as well as for service elements such as who pumps your septic tank. 2 | Barnstable Clean Water Coalition | Fall 2023 BCleanWater.org

Consistent and Impressive The Shubael Pond Project began in 2021 and world conditions and prove that these systems now has 13 homes participating. BCWC 昀椀nanced can achieve nitrogen reduction equal to or and managed the installation of KleanTu NitROE better than a municipal treatment plant. innovative/alternative (I/A) septic systems at each home with the latest installation completed As the chart below shows, these systems are in September 2023. The goal of this project is to proving they can reduce nitrogen by more test these systems in a neighborhood with real than 95%. In昀氀uent is how much nitrogen is 昀氀owing into the septic tank. E昀昀luent is how much nitrogen is coming out of the NitROE system. Municipal treatment plants target 3 mg/L Total Nitrogen (mg/L) from 12 of the NitROE systems as of September 2023 as reported by the Massachusetts Alternative Septic System Test Center (MASSTC) and the U.S. Environmental Protection Agency (US EPA). Median Data BCWC worked closely with our partners at the US EPA, USGS, The Nature Conservancy, and the Town of Barnstable to implement this groundbreaking research pilot. “Performance is really impressive. We are consistently seeing lower than 10 mg/L in the e昀昀luent, frequently it is lower than that” says Dr. Sara Wigginton from MASSTC, who leads the monthly sampling of the Shubael NitROE systems. Dr. Wigginton further states that “the NitROE system is a strong candidate for the enhanced, innovative and alternative system that Cape Cod towns will be using to meet the new MassDEP regulations.” RIGHT: Dr. Wigginton with her colleagues collecting samples from the Shubael Pond Project NitROE systems. BCleanWater.org Fall 2023 | Barnstable Clean Water Coalition | 3

I Need a New Septic System, What Do I Do? More than 95% of Cape Cod homes have a cesspool or traditional septic system, commonly called a “Title 5 system” in Massachusetts. These systems do their job CURRENT SEWERED of removing wastewater from our homes AREAS ON CAPE COD and treating pathogens. However, they 95% OF TOTAL PARCELS If you are a homeowner with a Title 5 system that has failed or needs to be upgraded, it can be very confusing on what you need to do. The recent Title 5 state regulation changes (see page 6) make it even more daunting. And what if your town has a multi-decade sewer plan, like Barnstable’s 30-year Comprehensive Wastewater Management Plan that just Map courtesy of Association to Preserve Cape Cod started a few years ago? Mini Wastewater Treatment System in Your Yard Nitrogen reducing septic systems, commonly referred to I/A systems that can reduce nitrogen by at least 90% as I/A systems, are an essential tool in the toolbox. Many are considered by MassDEP as “Best Available Control I/A systems can be a simple retro昀椀t to your existing Title Technology” (BACT) and what homeowners should 5 system or designed into a replacement of your overall consider when selecting a system. system. I/A systems typically have two functioning areas to aid in the nitri昀椀cation and denitri昀椀cation processes. In the 昀椀rst chamber, a calcareous material like limestone is used to balance the pH along with circulating air to convert the ammonia found in our liquid waste to nitrate. Once this happens, the liquid 昀氀ows into a second chamber that typically has a carbon source like woodchips. Here it will create denitrifying bacteria that in the absence of oxygen, the nitrate will convert to a harmless nitrogen gas. 4 | Barnstable Clean Water Coalition | Fall 2023 BCleanWater.org

Step-by-Step Instructions for Installing An I/A System 1. Find out if you live in a Nitrogen Sensitive 3. Select a local engineer. Choose a 昀椀rm that specializes Area (NSA) and if your town is applying for in civil engineering, land surveying, environmental a Watershed Permit (WP). Please refer to the permitting and understands the soil conditions of Cape NSA map on this issue’s cover page. Cod. They will design a system plan speci昀椀c to your site - If you live in an NSA and your town is and will secure approvals and construction permits with not applying for a WP, you will most your local Board of Health and Conservation Commission likely need to install an I/A system. (if you live near wetlands). - If you live in an NSA and your town is 4. Working with your engineering 昀椀rm, select an I/A system applying for a WP, you should discuss manufacturer and installer that o昀昀ers an I/A system with your town’s Board of Health if technology (BACT) that meets your goals and budget. you should install an I/A system. - If you live in Barnstable, visit the 5. Once permits have been secured by your engineer, hire town’s website (Administrative an excavator that will install your system and notify Dept>Assessing Division>Property your town of the installation. It is important that the Look Up) to determine if your excavator is trained to install the I/A system you have property is scheduled to be selected. connected to the town’s sewer system. 6. Set up a system maintenance contract with a service 2. Explore your 昀椀nancing options. The state, provider. Barnstable County and a few Cape Cod towns have several options to help you. See page 6 7. Follow the US EPA’s Septic Smart tips to ensure the for speci昀椀c programs. proper function and longevity of your septic system. Check out the Resources page on the BCWC website for more information. BCleanWater.org Fall 2023 | Barnstable Clean Water Coalition | 5

Changes to Title 5 Regulations: What You Need to Know On July 7, 2023, MassDEP took signi昀椀cant strides toward protecting Cape Cod’s waterbodies by amending the state environmental code (310 CMR 15.000) that regulates septic systems. Designating new Natural Resource Area NSAs impels municipalities to address wastewater pollution. These regulation changes are critical to preserving our waters. Municipalities now have two choices for managing their share of nitrogen pollution: Apply for a Watershed Permit. These permits are issued by MassDEP for 20-year watershed management plans allowing towns to use a range of nitrogen-reduction solutions like sewer connections, I/A systems, cranberry bog restoration, fertigation wells, and oyster aquaculture to name a few. This allows for the most 昀氀exibility in abating pollution. Mandatory I/A septic systems in NSAs. If a town opts not to apply for a Watershed Permit, mandatory I/A installations (referred to as BACTs) are required for existing homes and new construction. On Cape Cod, there are 12 towns and 31 watersheds that are in an NSA. Chatham and Orleans already have Watershed Permits and the other towns have decided to 昀椀le a Notice of Intent with MassDEP or have already 昀椀led one. The Resources page on our website has a chart listing the actions being taken by each town and watershed. FUNDING SOURCES FOR SEPTIC SYSTEM INSTALLATIONS Since every home is di昀昀erent, costs will vary. For example, • Cape Cod AquiFund Program — managed by a three-bedroom home on a one-acre lot requiring just an Barnstable County, this program provides 昀椀nancial I/A system retro昀椀t will have signi昀椀cantly di昀昀erent costs than assistance to Cape Cod homeowners in the form of a 昀椀ve-bedroom home within 400 feet of the ocean that low-interest loans for septic system replacement, needs to replace its entire septic system. An engineer that installation of I/A systems and sewer connections. has experience with I/A system installations will be able to give you an estimate of your costs before you proceed. • Loans and Grants from USDA’s Rural Development Program - options for low-income homeowners The following are state, county and business programs include Section 504 Home Repair and Section 502 available to 昀椀nance septic system installations. Direct Loan Programs. • Title 5 Septic Tax Credit — as part of the Healey • Cape Cod 5 Loan Program — this community and Driscoll Administration’s FY2025 Budget, a dramatic bank o昀昀ers loans to homeowners for sewer or increase in the tax credit for owners of a primary water main construction, septic tank removal and residential property in Massachusetts is available for plumbing. replacing or repairing septic systems. The tax credit has been increased from $6,000 to $18,000. • Some Cape Cod municipalities o昀昀er loans or subsidies to homeowners upgrading, repairing, • MassHousing Septic Repair Loan Program — this installing I/A systems and/or connecting to a sewer. quasi-public agency provides low- or no-interest Contact your local Board of Health for more 昀椀nancing to help Massachusetts homeowners information. address failing or non-compliant septic systems. 6 | Barnstable Clean Water Coalition | Fall 2023 BCleanWater.org

Issue 26, Winter 2024 Barnstable COALITION CLEANWATER Coalition Quarterly ‘IT’S A WIN-WIN’ Wetlands are natural sewage cleanser in Barnstable cranberry bog plan BCleanWater.org BCleanWater.org Fall 2023 | Barnstable Clean Water Coalition | 7

A Note From The Helm State of the Bogs This past summer, BCWC was fortunate enough to receive a grant of nearly $1.3 million, allowing us to purchase approximately 64 acres of cranberry bogs. This grant, from the Massachusetts Executive O昀케ce of Energy & Environmental A昀昀airs, is a game changer for our Marstons Mills Cranberry Bog Restoration Project. We have already received support from the US EPA’s Southeast New England Program (SNEP) to conduct pre- restoration work: sampling, monitoring, studying, designing, and planning. The primary goal of this project is to signi昀椀cantly reduce the nutrient load using a nature-based approach. The target area is the contaminated, groundwater-fed surface waters of the Marstons Mills River that 昀氀ows through our bogs. The river transports millions of gallons of nitrogen-loaded water into the Three Bays estuary every day. Between sharks and dirty water who will want to visit Our scienti昀椀c studies, conducted with the help of the late Dr. Cape Cod? Brian Howes and the University of Massachusetts School for Marine Science and Technology program, proved that one- For the Three Bays estuary, this e昀昀ort really is the third of the excess nitrogen in the estuary transits this river. “cavalry coming over the hill”. Our restoration is the ONLY The Three Bays estuary is the third most polluted estuary on project that can meaningfully improve water quality in Cape Cod as measured by nitrogen overload. All the worst our lifetime. You may ask, “How can that be so?” estuaries here are fed by nutrient-loaded river systems. Our Surely other projects, like the town of Barnstable’s sewer work on the bogs located at the headwaters of the Marstons expansion plans and our own e昀昀orts to spur the use of Mills River is critical to understanding how restored wetlands I/As will make a di昀昀erence? They will, but not fast enough. can improve the waters of Cape Cod and southeastern Groundwater on the Cape moves between 1 and 4 feet Massachusetts. a day, and our polluted groundwater will be with us for Both climate change impacts and farmers declining ability a generation even once the sewer plan is expanded and to compete with more productive cranberry farming outside I/As are installed. Source reduction takes time to work. the region are anticipated to open 14,000 acres of bogs to Just look at Boston Harbor! restoration in Massachusetts. Prior to cranberry farming, Our project can pay “clean water dividends” quickly. these bogs were all natural wetlands The polluted river transits the bogs and reaches the Restoring wetlands is not a new concept. Work to restore the estuary in just about six hours. Once restored, we may be Everglades in southern Florida has been ongoing for decades. looking at hours, not decades to start the move towards In Massachusetts, the 昀椀rst cranberry bog restorations began CLEAN WATER. about a decade ago. However, our e昀昀orts in Marstons Mills, The next steps will be the hardest and we are reliant on along with the Cold Brook restoration in Harwich, are the your support to raise the millions of dollars we need to 昀椀rst to speci昀椀cally target nitrogen reduction. complete this restoration. Your assistance is crucial to The urgency of this work can’t be ignored. Already, we have our e昀昀orts and success. Please contribute today! seen eelgrass beds die o昀昀 in our estuaries and just o昀昀shore. Harmful algal blooms are a regular occurrence, threatening our shell昀椀sh and recreational industries. 8 | Barnstable Clean Water Coalition | Winter 2024 BCleanWater.org

Restored Marstons Mills wetlands to lessen nitrogen pollution K R O ETW Y N A D O T es – USA im d T o e C ap aslip © C e He v te S MARSTONS MILLS --11/10/23 A cranberry bog at 948 River Road in Marstons Mills which is being retired and restored back into a wetland. MARSTONS MILLS— In the headwaters of the Marstons Eager buyers wait in the wings, too, such as the Mills River, 78 acres of cranberry bogs and adjacent Barnstable nonpro昀椀t that wants to restore bogs back to uplands are tucked in along Bog Road and River Road. natural, wetland environments — to eliminate nitrogen The bogs have given up their berries this season, and pollution downstream. await the next growing season. For that acreage, next season will be the last. “In the 1860s, 1870s, the cranberry bogs saved Cape Cod economically,” coalition Executive Director Zenas Crocker The land, purchased this summer by the Barnstable said in November during a tour at the bogs. “Our hope Clean Water Coalition and Three Bays Preservation with is that, now, some of them will help restore Cape Cod a [$1.27 million] grant from the state Executive O昀케ce of environmentally.” Energy and Environmental A昀昀airs, represents a shift in the landscape of Cape Cod cranberry farming. The bogs purchased by the Clean Water Coalition and Three Bays Preservation are part of the Marstons Mills Faced with increased competition, higher costs, lower River ecological restoration project, which aims to reduce prices, labor shortages, and climate change, some Cape nitrogen 昀氀ow downriver and ultimately improve water farmers are selling their bogs. Some, ready to retire, are quality in the Three Bays estuary on the Cape’s southern letting go of all their bogs. Others are selling a portion, shoreline. The properties at 110 Bog Road, now owned then using the proceeds to retool for higher yield Continued to Page 10 cranberry varieties on less land. BCleanWater.org Winter 2024 | Barnstable Clean Water Coalition | 9

Restored Marstons Mills wetlands to lessen nitrogen pollution Continued from Page 9 by the nonpro昀椀t, and 710 River Road, privately owned, Three Bays estuary is severely degraded by nitrogen and comprise the project, according to a document 昀椀led with bacteria resulting in poor water quality, impaired habitat, the Barnstable Registry of Deeds. and closures of beaches and shell昀椀sh areas, according to the Association to Preserve Cape Cod. With nitrogen The 710 River Road acreage is owned by Joe Keating. 昀氀owing down the rivers, every south-facing Cape Cod “Joe is a cooperative neighbor and farmer who has been estuary is gradually being poisoned, “and nature reacts very helpful with the project. The ’treated’ water — post with big, big growth of algae” Crocker said. restoration —will continue to 昀氀ow through Joe’s land and swamp area, about 11 acres, as it does now,” Crocker In Popponesset Bay in Mashpee, west of Three Bays explained. estuary, a layer of smelly black sludge on the bottom is the result of “decades of algae growing and dying, In theory, the native plants that once thrived in the bog growing and dying,” he said. That is why shell昀椀sh won’t areas, prior to cranberry growing, will be revitalized, and grow and why eel grass, a key component of a healthy as part of their growth the plants will absorb nitrogen estuarine habitat, won’t grow, Crocker said. It may also and thereby cleanse water before it 昀氀ows south. The be the reason there are larger, and longer-lasting jelly昀椀sh river’s headwaters are just west of the coalition’s newly blooms, he said. acquired property on River Road, according to Crocker. Slow the river down. The return of cranberry bogs to natural wetlands on Cape Cod has already been undertaken on the Coonamessett In an ideal future, the restored wetlands at the Marstons River and Childs River in Falmouth. “But nobody has really Mills project should have native plants like wool grass done a full-on restoration with the main purpose being and cattails, a slow-moving, meandering river with beaver water cleansing,” Crocker said. dams, shallow ponds and wildlife. Work could start as soon as 2025. The water should move from the head of the river to the estuary in about 48 hours or more, rather than the 昀椀ve to Why choose a bog restoration? six hours it takes now. About 3 million gallons of water per day 昀氀ow through But how to make that happen? the Marstons Mills bogs, and much of it is a昀昀ected by groundwater that has become “contaminated by all of Workers will 昀椀ll drainage ditches used by cranberry these houses” that are not connected to sewers, Crocker farmers, grade bog surfaces, remove water control said. structures and reconstruct natural stream channels. “We tested the Marstons Mills River and found elevated A backhoe will pull up the vestiges of cranberry growing antibiotics and elevated antidepressants. So we know on the bogs — a mat of sand and cranberry vines about without a doubt where all the nitrogen is coming from,” two-to-three feet deep. Beneath that mat will be about 10 he said. to 50 feet of peat moss, Crocker said. “The amazing thing is seeds from the plants from 150 to 200 years ago are Returning unused or unwanted bogs back to wetlands is still there and will germinate.” preferable to abandoning them —where woody areas of invasive vegetation and scrub pine can develop. With the Those are the plants that are to be restored and nurtured wetlands restored, he said, “you can treat this water here in the project, and recruited to do the water cleansing. before it gets to the salt water.” 10 | Barnstable Clean Water Coalition | Winter 2024 BCleanWater.org

The Marstons Mills project is just one example of a The Marstons Mills property at 110 Bog Road, with 60 growing list of bog restorations on Cape. acres, has an appraised value of $537,500, according to town assessing records. The nonpro昀椀t bought about 47 “It is a major trend and for good reason — restoring of those acres, which Crocker said “comprise the heart cranberry bogs to their natural state bene昀椀ts the of the restoration project.” The sale by Erik Hamblin to environment, encourages the return of wildlife and rare the nonpro昀椀t for $750,000 occurred June 29, according to species habitats and contributes to the health of our registry records. waterways,” said Neal Price, a senior hydrogeologist at Horsley Witten Group, Inc. The nonpro昀椀t also bought [17] acres at 946 and 948 River Road for $585,000 on the same day. Conservation The advantage of doing such restorations, he noted, is restrictions held by the Barnstable Land Trust were that they are relatively quick to do compared to sewering recorded for all three properties on Aug. 24, according to and septic system replacements and are “a huge bene昀椀t the registry. for relatively little money.” Price, with Horsley Witten Group, said land uses on Cape Horsley Witten Group most recently announced a town- have changed signi昀椀cantly from 100 years ago. Cranberry and-state partnership to restore the retired Chop Chaque cultivation, he said, was “clearly what the Cape was from cranberry bogs in Mashpee, a town-owned parcel, to the mid-1800s to about the mid ‘60s, before tourism was a freshwater wetlands. thing.” Will this trend put cranberry farmers out of work? Looking at old maps, he said, “you can see in the 1860s there were almost no cranberry bogs, and they were Some cranberry farmers are glad to turn over their almost everywhere you looked in the 1930s.” At one time, retiring bogs to restorations, but others are disheartened Price noted, the Quashnet River in Falmouth “was the to see the Cape’s cranberry 昀椀elds diminished. They worry largest and longest continuous cranberry system in the some of their brethren may feel pressured to bow out, and world.” too much will be relinquished. When a farmer determines a bog can no longer be of use, he On the contrary, Crocker said conservationists want to said, “we should embrace the opportunity when we have it.” work with the farmers who are transitioning away from farming or toward newer, less land intensive cultivars. Now there’s grant money for retired cranberry bogs to “Farmers may say, ‘I don’t need that bog so much, I’m be restored as wetlands, so bog owners get some money going to let it go.’ We’re saying, ‘OK, if you’re going to do and towns get environmental restoration, Price said. “It’s a that, what’s the best way to restore that back to what is win-win.” natural?” he said. Heather McCarron writes about climate change, environment, energy, science and the natural world. Article originally published on December 10, 2023. Corrections identi昀椀ed in brackets. BCleanWater.org Winter 2024 | Barnstable Clean Water Coalition | 11

Non-Pro昀椀t Org. Barnstable P.O. Box 215 U.S. Postage Osterville, MA 02655 PAID CLEANWATER 508-420-0780 Permit No. 58 Coalition Hyannis, MA BCleanWater.org Mission Statement Barnstable Clean Water Coalition works to restore and preserve clean water in Barnstable. BCWC utilizes science as its foundation to educate, monitor, mitigate and advocate for clean water. Board of Directors Michael Egan, President BCWC In The News John G. Kassakian, Vice President Laureen P昀椀zenmaier, Treasurer Mark C. Curley, Clerk Jack Ahern Edward M. Crosby, Jr. Travis Cundi昀昀 John T. Fallon, Jr. Check out WBUR’s two Scienti昀椀c American, a N. David Samra feature stories, which look at popular science magazine, Dan Schwinn di昀昀erent solutions for Cape also produced a video Sta昀昀 Cod’s wastewater problem. that looks at how we got Zenas Crocker here and puts Cape Cod’s Executive Director wastewater story into a Heather Rockwell national context. Director of Operations Luke Cadrin Field Operations Manager Jennifer Loughran Project Manager - Innovative Solutions Michelle Motley Data Scientist/Ecological Restoration Manager Donate by mail: Donate online at: BCWC Susie Perry, Graphic Designer BCleanWater.org P.O. Box 215 Photo Credits: BCWC Sta昀昀 Osterville, MA 02655 Printed on 30% recycled paper.