Any new construction within these areas must also install upgraded systems within six months of the regulations’ July 7 effective date.
NEW COD UPGRADE
Upgrade Septic Systems-The second part (unless exempted as discussed below) requires property owners in these sensitive areas to upgrade or replace septic systems using what the regulations call “Best Available Nitrogen Reducing Technology” within seven years. The regulations also establish a public process for MassDEP to designate other areas as Nitrogen Sensitive Areas. MassDEP has posted the covered areas on its website. The regulations establish a three-part regulatory scheme to address nitrogen pollution on Cape Cod.ĭesignating Nitrogen Sensitive Areas on Cape Cod-The first is to redefine “Nitrogen Sensitive Areas.” In addition to areas around public drinking supplies (which were previously regulated for nitrogen), these areas include any area on Cape Cod with a limit on the amount of nitrogen that can enter a waterbody without affecting its environmental quality (known as a “Total Maximum Daily Limit” or “TMDL”). MassDEP received over 1,000 written and oral comments during the public process, which included five public hearings. CLF paused the suit in 2022 after MassDEP began the rulemaking process that resulted in these new regulations. During this review, the Conservation Law Foundation (CLF) sued MassDEP in 2021 to force the Department to address nitrogen pollution on Cape Cod. MassDEP has been considering regulatory approaches to address nitrogen from septic systems since at least 2017 when it created a Title 5/Groundwater Discharge stakeholder group to consider revisions to its septic regulations (known as the “Title 5” regulations), including a subcommittee created specifically to address potential regulatory approaches for nitrogen. MassDEP believes that septic systems are a significant contributor to this excessive nitrogen. Excessive nitrogen in a waterbody can cause eutrophication, which is when invasive plants and algae enter an environment and deprive the existing plants and animals of oxygen needed to survive. Nitrogen pollution has long been a concern for many of Cape Cod’s waterbodies. The new rules go into effect on July 7 and will impact most Cape Cod towns. The regulations will require landowners in “Nitrogen Sensitive Areas” on the Cape to upgrade their septic systems within seven years, unless the landowner’s town applies for a watershed permit to comprehensively address nitrogen pollution.
On June 21, the Massachusetts Department of Environmental Protection (MassDEP) issued final regulations addressing nitrogen pollution caused by septic systems on Cape Cod.
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