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W&- £Ai-S V Buzzards Bay Project WATCH BAY Volume 7 WINTER 1992 Number 1 east coast no discharge area declared First CCMP Key recommendation sets precedent Thehe EEnnvviirroonnmmeennttaall PPrrootteeccttiioonn AAggeennccyy hhaass ddeeccllaarreedd water quality, but by increasing the public's awareness about WWaarreehhaamm ccooaassttaall wwaatteerrss aa FFeeddeerraall ""nnoo ddiisscchhaarrggee aarreeaa,,"" their responsibility for cleaner water." mmaakkiinngg tthhee ddiisscchhaarrggee ooffbbootthh ttrreeaatteedd aanndd uunnttrreeaatteedd bbooaatt To that end the town of Wareham is developing a boater sewage in this area illegal. The first ofits kind on the eastcoast, education program for the owners of both large and small EPA the designation was hailed by Administrator Julie Belaga vessels. "We're not just dealing with larger boats with MSDs. as "a vital first step towards the restoration of cleaner coastal Mostofourboatsaresmallandboatercompliance has to trickle watersin Buzzards Bay, thatsets animportantprecedent forthe down to the every-day boaterwho pulls a dinghyout from under entire east coast." the garage, as well as the yachtsman who comes down from Although federal law already prohibits the discharge of un- Boston for the weekend," says Spalding. treated boat wasteanywhere in Buzzards Bay, dischargeofboat sewage that has been treated by marine heads (toilets) that To help finance Wareham's boater education program, the macerate and disinfect sewage, is now also prohibited, and EPA is providing a $5,000 grant. To further encourage boater federal, state and local enforcement officials are empowered to compliance, pump-out service will be provided free ofchargeat assess fines and other penalties for discharge violations. town docks and some private marinas. ^dttlfe Onset Bay, Wareham is now part ofthefirst EPA No DischargeArea onthe east coast. This area includes all Wareham coastal waters, which extend approximately from Buttermilk Bay, out to Stony Point Dike and across to Cromeset Point. This designation partially fulfills one of the recommended EPAProject Officer Mel Cote commented that "Wareham is actions contained in the Buzzards Bay Comprehensive Conser- the first of hopefully many communities to take federal vation and Management Plan (CCMP) which was prepared by regulatorysteps toprotecttheircoastalwaters from boatsewage the Buzzards Bay Project and signed into state policyby Gover- contamination." In fact, he says, "the state could petition the nor William Weld last fall. The plan identifies boat sewage and EPA to have all Buzzards Bay embayments designated as "No thetoxicchemicalsusedtotreatitasasignificantenvironmental Discharge Areas," but it wouldn't be possible until there are and publichealth threat.To prevent thesepollutants frombeing enough pump-out stations to justify the nominations." dumped directly into the Bay, the Plan recommends the estab- lishmentofno-dischargeareas andtheinstallation ofpump-out Continued onpage 4 stations to facilitate boater compliance. Several months in the making, the designation application was prepared bythe town ofWarehamwith technical assistance from the Massachusetts Coastal Zone Management office Inside Bay Watch (CZM). Thedesignation, says CZM DirectorJeffrey Benoit, "is Update on CCMP an excellent example of how local, federal and state govern- implementation ments can work together to protect our most valuable natural Project, SCS develop resources." innovative stormwater remediation system But, says Wareham Health Inspector Jeanne Spalding, "The New denitrification greatest challenge is still to come in implementing the designa- tionand makingsure itproduces results- notonlybyimproving technology comes to bay area CCMP Federal approval expected soon is BBAC Project, work to ensure implementation funding The Buzzards Bay Comprehensive leading senate version (S.B. 1081) would enable local Boards ofHealth Conservation and Management whichdoesnotauthorizeanyfunding to help finance public health protec- CCMP Plan (CCMP) is currently being for implementation. tion measures including septic sys- reviewed by federal Environmental To ensurestrong support for H.R. tem upgrades, construction of Protection Agency (EPA) officials 2029 from the Massachusetts con- stormwater remediation facilities, for approval by EPA Administrator gressional delegation, the BBACEx- and agricultural waste control William Reilly. His approval is ex- ecutive Committee and Buzzards programs. pected by this spring. The Manage- Bay Project Manager Joseph Costa ment Plan became Massachusetts metwith representatives from theof- According to estimates contained state policy when it was signed by fices of Massachusetts Sens. Ken- in the CCMP Financial Plan, an an- * Governor William Weld last fall. nedy and Kerry. These meetings nual expenditure of approximately CCMP The Buzzards Bay outlines resultedinpledgesofsupport,aswell $2 million over the next ten years is pollution clean up and prevention as a joint letter from the con- necessary to fully finance recom- strategies to protect the bay's water gressmen to Administrator Reilly, mended CCMP pollution clean up quality and natural resources. Under requesting the "maximum possible andpreventionactivities (not includ- current Clean Water Act provisions, funding for the Buzzards Bay ingNew Bedford clean up activities). funding is only provided to develop Project." The letter, which was also Proposed implementation activities CCMPs, but not to actually carry out signed by Representative Barney include stormwater remediation Plan recommendations. As one of Frank, further stated, "As the Buz- projects, toxic use reduction the first National Estuary Program zards Bay Project and other NEP programs, land use planning, and the (NEP) participants to complete its participants reach the implementa- establishment of additional boat CCMP, the Buzzards Bay Project, tion phase, it is critical that they be pump-out programs and "No Dis- united with the Buzzards Bay Action provided with sufficient funding, in charge Areas." Committee (BBAC), is leading the order to save the NEP from becom- campaign to ensure that adequate ing mere words on paper." As Massachusetts SecretaryofEn- federal funding is made available to vironmental Affairs Susan Tierney turn CCMP recommendations into State-level funding efforts stated ina recentspeechto theCoali- action,notonlyforBuzzards Bay,but On BBAC NEP the state level, the has tion for Buzzards Bay, "It's a lot . for participants across the beenlobbyinghard to help pass legis- cheaper to keep the Bay clean than country. lation to fund specific CCMP im- trying to fix it later- especiallywhen Overthe pastyear, the Projectand plementation activities. If passed you consider that over half of the . the BBAC have worked closely with into law, one bill would alter theway state's economy, in one fashion or Representative Gerry Studds to sup- boat excise taxes are calculated, and another, depends on our marine port legislation entitled the Coastal increase the percentage of these resources. Now that the CCMP is of- Defense Initiative (H.R. 2029), taxes tobe allocated forwaterquality ficial state policy, we are complying CCMP which would include im- improvements such as stormwater with our written obligations to im- plementation funding provisions in remediation, boat pump-out plement it, but this can only happen the reauthorized Clean Water Act. facilities, or municipal water treat- if all levels of government - includ- At press time, congressional debate ment facility upgrades. The BBAC is ing congress - shares in this respon- ^W continues between this bill and the also supporting legislation that sibility." BBAC faces uncertain future I he BBAC is currently facing a severe funding crisis. Since In a recent letter to Senator Kennedy, BBAC Executive EPA BBAC 1990 the organization has been funded by a one-time Director Dennis Luttrell wrote, "If funding for the is grant which is due to run out in September 1992. Due to a not maintained, the implementation effort by local shortage ofgrant funds, the EPA can not commit to renewing municipalities will lose all momentum and will be all but or extending this award. impossible to regain." The BBAC is a non-profit corporation of Buzzards Bay Sens. Kennedy and Kerry, and Representative Studds have municipalities joined in a cooperative effort to adopt and sinceagreed toworktoappropriatefundingto keeptheBBAC BBAC implement effective and consistent environmental protection in business. In the meantime, the is seeking funding policies and bylaws. Its work is crucial to implementation of through private donors and other grants. Ultimately, the the Buzzards Bay CCMP which requires local actions and BBAChopes tosecurelong-term funding, possiblyfrom mem- regional cooperation to succeed. The BBAC is also a key ber municipalities, when local economies improve. Luttrell player in thelobbyingeffort now underwaytoobtain stateand urges readers to contact their state and federal legislators in CCMP federal implementation funding (see above). support ofcontinued funding. Project helps town fund stormwater remediation response to ajoint proposal from animal wastes are primarily respon- cure-all; local residents must also Inthe Buzzards Bay Project and the sible for high fecal coliform levels. help - simple things like picking up townofMarion,thetownwillreceive One of the proposed systems may pet wastes and driveway and road $25,000 from the Massachusetts include a settling pond and an artifi- debris, and not feeding water fowl Department of Environmental cial wetland. The system would work will go a long way in reducing Protection (DEP) for the construc- by allowing initial sediments and Spagues Cove pollution." tion and design of an innovative some pollutants in stormwater stormwater remediation system in- flows to settle to the bottom of a For more information on tended to protect Spragues Cove basin. The effluent would then pass stormwater and other non point shellfish beds from stormwater con- into an artificial wetland where source pollution remediation tamination. Spragues Cove, located nutrientsand otherpollutants canbe projects, see story on p.4. ^Jf in Marion's Sippican Harbor, has ex- absorbed by vegetation,and perienced high levels of fecal bacteria killedbyexposureto coliform, an indicator of harmful ultraviolet sunlight. bacteria and viruses. The Project is working with the The town of Marion is U.S. Department ofAgriculture Soil contributing the services of Conservation Service (SCS) to the Marion Department of develop the optimum system to Public Works and two acres reduce stormwater runoff pollution oflandvaluedat$200,000for in thecove. Todeterminethis, SCS is the project site. The DEP currently monitoring stormwater grant will be used to purchase discharges into the cove to under- construction materials. stand the exact nature of the con- Taber stresses that al- taminationandits mostlikelysource. though this project will According to SCS Soil Conser- hopefully go far to combat vationist Bernadette Taber, it is high bacteria levels in SCS Soil Conservationist Bernadette Taber tests stormwater discharge near Spragues Cove. suspected that domestic and wild Spragues Cove, "it is not a BAY BRIEFS BBP brings new technol- search to sites in Fairhaven, Marion be used to analyze Bay pollution and ogy to Bay area and Dartmouth. Two system designs evaluate cleanup activities. The pro- are currently being considered: one gram is a joint effort by the Buzzards The Buzzards Bay Project is bring- removes nitrogen by converting Bay Project, which is providing tech- inga $100,000researchproject tothe nitrates into nitrogen gas which is nical guidance and equipment, and Bayarea. Part oftheEPANearCoas- released into the atmosphere; the the Coalition for Buzzards Bay. tal Waters program, this project will other system bonds nitrogen Training sessions are scheduled for investigate the efficiency of innova- molecules toa resinwhichischanged this spring. Interested volunteers tive septic systems designed to shouldcontact the Coalition at (508) regularly. remove nitrogen from residential 759-1440. wastewaterbefore the effluent is dis- The new systems are expected to charged into groundwater. be installed this summer and Nitrogen discharged to the sub- monitored for at least 18 months to Buzzards Bay video is surface often finds its way to document system effectiveness and released nitrogen-sensitive coastal embay- investigate operation and main- ments. High nitrogen inputs harm tenance requirements. I he EPA has produced a video marine life by stimulating excessive Water quality monitoring documenting the combined citizen, algal growth and depleting oxygen multilevel-government and ad- supplies in surface waters. This re- program seeks volunteers vocacygroup efforts atwork to clean sneeawrcshtaitse erxepgeulcatteidontso ghoevleprndienvgeltohpe I he first Bay-wide citizens' water uTuprBnuiznzgatrhdesTiBdaey:.KTehepeivnigdPeool,leunttiiotnleadt quality monitoring program is cur- Bay, describes the effect ofpollution use ofalternative septic systems near sensitive embayments. rmeonntiltyorretcrhueitiwnagtervolquunatleietrys antdo odnonBeatyorpersootuercctewsa,taenrdquwahlaittyiasnbdeitnhge The Buzzards Bay Project and the natural resources of Buzzards Bay. environment. The video has been EPAarenow in the process ofselect- Volunteers are not required to have aired on all Bay area cable channels ing test sites where existing septic a scientific background, and all and is now available for loan or pur- systemscan bemodified and newsys- necessary training and equipment chase. For more information contact tems installed, and has narrowed its will be provided. Collected data will the Buzzards Bay Project. *yW CCMP No Discharge Area (Continued) points to non point source solutions youownasepticsystem,walkyour monitoring program, which is ex- Buzzards Bay Project Manager Ifdog, wash your car in the driveway, pected to be on line by this spring. I Joseph Costa concurs, "the designa- or fertilize your lawn, you may be tion is an important first regulatory contributing to nonpoint source Tomitigatewaterqualitydegrada- step, but solving the problem ofboat (NPS) pollution. ThesourcesofNPS tion and prevent additional high sewage contamination in Buzzards pollution are diffuse and many, and levels of NPS pollutants from enter- Bay requires a Bay-wide approach, beach closures, fish kills, and ing sensitive embayments, the Buz- which means installing pump-outs in shellfish bed contamination are just zards Bay Project is involved in a all Buzzards Bay harbors." a few ofthe consequences. number of stormwater remediation projects: In Bourne, the Project is Nonpoint sources are generally helping to fund the installation of That daymay notbe faroffifpend- defined as pollution not originating several leaching chambers later this ing federal legislation, entitled the from a singular outfall pipe. Con- summer, to prevent untreated road Clean Vessel Act, is passed. This bill tributors to NPS pollution include runofffrom discharging directly into could potentially provide enough septic systems, animal wastes, fer- funding to install pump-out stations tilizers and pesticides. Pollutants Hen Cove. The Project is developing a similar strategy to protect in every Massachusetts coastal com- from these sources threaten public munity within the next four years. health and natural resources as they Wareham's Broadmarsh Riverand is currently designing an innovative This legislation is beingsupportedby often find their way to ground and the Buzzards Bay Action Committee surfacewatersvia stormwaterrunoff, stormwater remediation system in (BBAC) which is also working to en- soil erosion and atmosphericdeposi- Marion (see p.3 article). courage other BBAC member towns tion. Toprotect natural resources, the to seek "no discharge designations." As the pressures of widespread Project is financing mapping coastal development take their toll programs in New Bedford, Over the past three years, the on the bay's natural resources, the Dartmouth and Falmouth to Project has been instrumental in Buzzards Bay Project is combating produce maps which identify the helping Bay municipalities finance the cumulative impacts of NPS pol- location of resources including and install pump-out stations lution on several fronts, as recom- shellfish andeelgrass beds and swim- through its municipal grant program. mended in its Comprehensive ming beaches, and structures such as At present, the Project and the Conservation andManagement Plan docks, piers. These maps will pro- BBAC are working to pass a variety (CCMP): vide accurate information to guide of federal legislative initiatives that land and water uses that may impact would provide funding for continua- To identify the sources and na- coastal resources. tion of this program as well as other ture of NPS pollution, the Project is Collectively, the Buzzards Bay pollution prevention and clean up working with the Coalition for Buz- Project has appropriated nearly measures recommended in the Buz- zards Bay to launch the area's first $700,000 for these and other NPS zards Bay CCMP. ^T bay-wide citizens' water quality remediation projects since 1989.^0" BAY WATCH BAYWATCHiswrittenandproducedbytheBuzzardsBayProject,which isjointlyfundedandadministered bytheMassachusettsExecutiveOffice of Environmental Affairs through the Office of Coastal Zone Manage- ment and the U.S. Environmental Protection Agency. The contents of Buzzards Bay Project Manager: Joseph E. Costa, Ph.D. thisdocumentdonotnecessarilyreflect theviewsandpoliciesoftheEPA Editor, Designer: Mara B. Altman or the Commonwealth ofMassachusetts. For more information about Editorial Board: Bruce Rosinoff, Mimi McConnell, DaveJanik the BuzzardsBayProjectortosubscribe toBAYWATCH, call(508)748- Technical Assistance: Neil MacGaffey, Bernadette Taber, Tracy 3600. Pleaseaddressallcorrespondenceto: BAYWATCH,TheBuzzards Warncke. Bay Project, 2 Spring Street, Marion, MA 02738. BAY WATCH Bulk Rate The Buzzards Bay Project U.S. Postage 2 Spring Street MA PAID Marion, 02738 MA Boston, Permit No. 52539 University of Masschusetts University Library Amherst MA 01003 Printed on Recycled This Publication was funded by a grant from the U.S. Environmental Protection Agency. Paper Mi.f M/tes. 7/3- ^ Buzzards Bay Project : WATCH BAY Volume 7 APRIL/MAY 1992 Number 2 Following federal approval, officials briefed EPAAdministratorWilliam Reilly on the needfor CCMP implementation funding. Presentwere (L to R) BBAC Exec. Dir. Dennis Luttrel, CZM Dir. Jeffrey Benoit, BBAC Chairman Ted Pratt, EPA Regional Administrator Julie Belaga, Administrator Reilly, Project ManagerJoseph Costa, Coalition Exec. Dir. Mimi McConnell, EPA Water Mgt Dir. Dave Fierra, and EPA ProjectOfficer Bruce Rosinoff. CCMP Buzzards Bay approved federally is oston: On April 20, Environmental Protection Agency and other nonpoint pollution sources such as stormwater B'(EPA) Administrator William Reilly officially approved runoff,septicsystems, fertilizeruse,and boatsewagedischarges. ithe Buzzards Bay Comprehensive Conservation and Parts ofthe bay also suffer from toxiccontamination, industrial Management Plan (CCMP), an estuary and watershed protec- pollution and sewage plant outfalls. The management plan tion plan developed by the Buzzards Bay Project. The Project is makes recommendationson howfederal,stateand localgovern- thefirsteastcoast NationalEstuaryProgram (NEP) participant mentscanworkin partnership tosolve theseproblems, utilizing to receive federal approval ofits CCMP,which makes available innovative remediation and management strategies. a limited amount of federal funds to support the Project's CCMP As the Project takes its first important steps from plan continuing efforts to facilitate implementation. developmentto implementation, it hasalreadybeen instrumen- After signing the document, Administrator Reilly com- tal in achieving such environmental management milestones as mended the Buzzards Bay Project and state and local officials development ofthe country's first intermunicipal zoning agree- on their "exceptional leadership during the management plan's ment to protect a nitrogen sensitive embayment, designation of development." In a letter to Governor Weld, the Administrator the first east coast marine no discharge area, and a number of commented, "This is a time of economic worry and mounting nonpoint source pollution remediation projects to protect concern about the ability of government at all levels to take shellfish beds and other natural resources. constructiveaction. WiththeBuzzardsBayCCMP,wenowhave anoutstandingdemonstrationofcommitment to theprotection Continued onpage 4 ofestuaries by state and local governments, as well as a model for innovative, targeted management." Before being submitted %& for federal review, the plan became Massachusetts state policy Inside when Governor William Weld approved it in September 1991. • Kennedy, Studds, hold press The Administrator signed the plan following a meeting with conference for environmental representatives from the Project, the Buzzards Bay Action funding DEP Committee, the Coalition forBuzzards Bay, and Massachusetts k • reconsiders proposed Coastal Zone Management, at which he was briefed about the wetland regulation changes major environmental issues of Buzzards Bay and the need for X• After a century of CCMP contamination,Clarks cove increased funding to facilitate implementation. reopens for shellfishing According to the plan, Buzzards Bay natural resources are primarily threatenedbythecumulative impactsofdevelopment Kennedy, Studds push for environmental funding bills Buzzards Bay: On April 15, Rosemary Tierney, and Mas- If passed, the Kennedy-sponsored SenatorEdward M. Kennedyand sachusetts Maritime Academy Ad- bill, S.2137, the "Emergency Anti- Congressman Gerry Studds held a miral Peter Cressy. Recession Act of 1992", would ap- press conference to publicly an- propriate $40 billion in funding Prior to the conference, the law- nouncetwo legislativeinitiativesthat makers met with Pratt, McConnell, which may be accessed by Buzzards would authorize appropriations of Buzzards Bay Project Manager Dr. Bay municipalities for such projects $40 billion and $20 million, respec- Joseph Costa, Massachusetts Coas- as wastewater treatment facilities, tively to be used for infrastructure tal Zone Management Director Jef- combined sewer overflows (CSO's), projects nationwide, including en- and stormwater remediation. This vironmental legislative initia- protection projects tive is intended to that are recom- rebuild the mended in the nation's crumbling Buzzards Bay infrastructure and Comprehensive create numerous Conservation and jobs as well. At Management Plan press time, con- (CCMP). gressional con- Referring to his sideration of this bill as an economic bill isstalled, pend- stimulus package, ing changes to the Kennedy said that federal budget the country's cur- agreement. rent economic The Studds- crisis provides "an sponsored bill, historic oppor- H.2029, "Opera- tunity to invest in tion Coastal America.... and BBAC Chairman Ted Pratt and Rep. Gerry Studds look on as Sen. Edward Shield" would investing in en- Kennedy speaks in favor of environmental funding legislation. amend the re- vironmental authorized Clean BBAC programs should be a national frey Benoit and Executive Water Act to appropriate up to $20 priority." Director Dennis F. Luttrell, to dis- million to fund implementation of cuss the need for Buzzards Bay The press conference, sponsored federally approved estuary manage- CCMP implementation funding. bytheBuzzards BayActionCommit- ment plans, such as the Buzzards Bay tee (BBAC) and the Coalition for According to Luttrell, several CCMP. Rep. Studds is also develop- Buzzards Bay, was held at the Mas- towns bordering the bay are in need ing a proposal entitled, "Funding sachusettsMaritimeAcademy. Inad- of funding for sewer expansions. He Clean Water: AJobs Bill for the En- dition to Sen. Kennedy and Rep. also noted that this legislation could vironment," which would allocate $5 Studds,pressconferencespeakersin- helpfundsewerprojects inWareham billion annually, through the end of cluded BBAC Chairman Ted Pratt, andNewBedford thataretargeted to thecentury, to reducebothpointand Coalition Executive Director Mimi be financed in part by the State nonpoint source pollution in the McConnell, New Bedford Mayor Revolving Fund. nation's waterways. -^ BBAC DC pumpout testifies in for funding bill Washington, DC: On February 27th, BBAC Executive with tens of thousands of boat sewage discharges which Director Dennis F. Luttrell testified before the US Senate contaminate the estuary with human waste pathogens and Committee on Commerce, Science and Transportation in toxic treatment chemicals." This contamination often con- favorofpassingtheClean VesselAct. Ifpassed, thisbillwould tributes to shellfish bed and swimming beach closures. Lut- require that five percent of the Sport Fish Restoration tax trell added that theclosureofshellfish beds is an increasing revenues allocated to coastal states, be used to develop and economic and public health threat as it leads to unemploy- implement a plan to build and maintain needed boat pump- ment and the illegal harvest ofcontaminated seafood. out facilities. The bill's chief sponsor, N. Carolina Rep. Walter Jones, estimates that the legislation would provide At press time, the bill has already been approved by the $109,671 toMassachusettsannuallyoverthenextfouryears, Houseand is still undercommitteeconsideration. Said Lut- fortheconstructionofaboutseven pumpoutstationsayear. trell, "The need to protect our estuaries from the effects of boat discharges is quite obvious and our local economies Luttrell pointed out in his testimony that as a result of need the assistance that the Clean VesselAct will help to insufficient pump out facilities, "Thebay is being inundated provide." I DEP reconsiders proposed changes to wetland regs response to public concerns At the center ofthe controversy is Throughoutmostofthemonthsof Inabout the implications ofproposed language within the proposed February and March, the DEP made I changestostateWetlandsProtection revisions that would expand an exhaustive attempt to hear public Act agricultural exemption pro- regulatory review exemptions from responses tothe proposed regulation visions, the Department ofEnviron- land currently in agricultural use, to changes. In fact, the agency mental Protection (DEP) is working land for agricultural use. Critics scheduled five public hearings and with the Farmland Advisory Com- believe that land not currently in extended the public comment period mittee and the Department of Food agricultural production should still on thisissuebytwoweeks.According and Agriculture's Environmental be subject to regulatory review to to Brady, revisions of the proposed Agricultural Advisory group to re- prevent additional wetland losses regulation changes will be made vise the proposed regulation changes. and mitigate such negative effects of public upon completion. Says DEP Deputy Director of wetland alterations as wildlife In other action, the DEP has in- Wetlands and Waterways Peg Brady, habitat destruction, water supply definitely suspended the Wetlands "We've made a comprehensive effort contamination, and elimination of Conservancy Program's deed restric- to hear a broad range of responses natural flood controls. tion component. The Program was and I feel very positive about the re- According to the DEP, the intended to protectwetlandsbymap- vision process and the direction it's proposed revisions were intended to ping these areas statewide, and taking."According to Brady, thegoal clarify existing regulations, not to recording deed restrictions to alert oftherevisioneffortis"tobalanceallcon- weaken them. But critics maintain wetland owners ofthe need to comp- cerns raised by a number ofgroups." that the language of the proposed ly with existing wetland regulations. Most ofthe comments received by changes goes beyond clarification, to According to Mark Vershbow, WCP the DEP were against adoption of allow for destruction of previously Program Manager, "thisdecisionwas the regulatorychanges, and included unaltered wetlands. made because of decisions to reor- strongly-worded critiques from such ganize thewetlands certificationpro- groups as the Massachusetts As- BuzzardsBayProjectManagerDr. gram, however, we may revisit the sociation of Conservation Commis- Joseph Costa maintains that, "Many deed restriction process in the future sions (MACC)andtheMassachusetts of the proposed changes will greatly to see how it might fit into our MACC AudubonSociety. wentso far clarify and improve the regulations. revisedprogram." Vershbowsaysthat as to call the proposed changes "il- However, a number ofthese changes themapsthathavebeencompletedwill legal." Says Brady, "Clearly this issue do not merely clarify existing still be available, most likely by the has sparked a very lively debate. The farmland exemptions, but weaken end ofthe summer. t^ number of comments we received the ability ofstate and local officials was far beyond our expectation." to protect wetland resources." BAY BRIEFS Buttermilk Bay plan wins 13th award ceremonyin Washington resources." The Project is now EPA award D.C. The Project and the BBAC are evaluatingCensusdataona subbasin also planning an award ceremony to basis to estimate pollution loads to ThetownsofBourne,Plymouthand honor the three towns. the bay's more than 30 embayments. Wareham have been given the EPA Administrator's Pollution Preven- Buzzards Bay population Population of Buzzards Bay Communities tion Award for their joint efforts in increases 11 percent establishing the country's first inter- % people municipal overlay district to protect Accordingto recentlyreleased 1990 Municipality 1980 1990 change sq.mi. coastalwaters.Thetownsformedthe US Census statistics, the overall Carver 6,988 10,590 51.5% 276 overlay district by adopting zoning population of Buzzards Bay Plymouth 35,913 45,608 27.0% 467 changes, based on a plan developed municipalities has increased by 11 Freetown 7,058 8,522 20.7% 247 by the Buzzards Bay Project, to percent. The town of Carver ex- Falmouth 23,640 27,960 18.3% 628 protect Buttermilk Bay from the ef- perienced the greatest population Bourne 13,874 16,064 15.8% 392 fects ofnitrogen pollution. growth in thestate,witha 52 percent Marion 3,932 4,496 14.3% 315 Thetownswere nominatedforthe increase. Westport experienced the Dartmouth 23,966 27,244 13.7% 447 award by EPA Project Officer Bruce slowest growth in the bay area, with Acushnet 8,704 9,554 9.8% 531 Rosinoff. The Buttermilk Bay plan a mere 0.6 percent increase. Middleborougli 16,404 17,867 8.9% 255 Mattapoisett 5,597 5,850 4.5% 335 was one of only 18 projects chosen Says Buzzards Bay Project Wareham 18,457 19,232 4.2% 524 out of over 840 nominations from Manager Joseph Costa, "It's crucial Rochester 3,205 3,291 2.7% 97 across thecountry. Buzzards BayAc- that this growth is managed through Fairhaven 15,759 16,132 2.4% 1328 tion Committee Executive Director land use and harbor planning, to New Bedford 98,478 99,922 1.5% 5262 Dennis Luttrell accepted the award minimize adverse impacts to the Westport 13,763 13,852 0.6% 261 onbehalfofthe threetowns ata May bay's water quality and natural Gosnold 63 98 CCMP approval (Continued) Clarks Cove reopens for shellfishing Massachusetts Secretary of En- vironmental Affairs Susan Tierney After nearly a century of con- million annually, once larger commented that "increased funding tamination closure, 700 acres of shellfish are cleared to make room would not only help sustain the cur- Clarks Coveshellfishbeds havebeen for seeding ofthe more lucrative lit- rent local implementation momen- conditionally reopened for commer- tle neck clams. The towns of tum but would also demonstrate the cial shellfishing during dry weather Dartmouth and NewBedford will be EPA's commitment to CCMP im- conditions. The reopening agree- allowed to issue 150 commercial plementation and NEP excellence." mentwasworked out bythe towns of shellfishing permits each. Dartmouth and New Bedford and CCMP federal approval makes Previously, high fecal coliform the Massachusetts Division of available fouryears oflimited opera- MarineFisheries (DMF)andwasan- bacteria levels in Clarks Cove indi- tions funding to the Buzzards Bay cated that the area was too con- nounced at an April 27th reopening Pinrgojecttecshontihcaatlitcaasnsicsotnantcienuetporovbida-y cerBeBmAonCy at Clarks Cove. rteaompineantiendg wafsormadsheelplofsisshiibnlge.byTihme- Executive Director Dennis municipalitiestofacilitateandmonitor proved water quality which resulted CCMP implementation. However, ac- Luttrell called the reopening agree- from repairs to NewBedford's sewer ment "a good example ofthe kind of cording to Project estimates, an an- system. intermunicipal partnerships that nualexpenditureofapproximately$2 Last spring, the Buzzards Bay need to occur to protect resources, milliondollarsoverthenext tenyears Project awarded a $35,000 grant to is still needed to fully implement while simultaneously creating jobs the City of New Bedford for addi- and improving the economy." CCMP recommendations for pollu- tional sewer system repairs that will tion clean up and prevention, exclud- DMFs Frank Germano estimates allow the system to tolerate more ing such activities in New Bedford. that the reopened Clarks Cove rain before overflowing into the shellfish beds could yield a quahog cove,andthus increasethe frequency Under current Clean Water Act harvest worth between $300,000 and that shellfish beds can remain open provisions, the federalNEgPovernment $500,000 thisyear, and as much as $1 for harvesting. yW (the greatest source of funding) can only provide funds to develop oru CCMPs, not to actually implement <L\J (Hurricane Bob, 73,397)-^ oCO these plans. To ensure that the c r^J Project can continue its work, the The closure of CVDO) BBAC is working closely with the shellfish resource o Massachusetts congressional delega- areas in Buzzards +*^ i tion to include CCMP implementa- Bayreflectpollu- T3 15- tion inputs, rain- CD tion funding provisions in the COO and water reauthorized Clean Water Act. fall, temperature. Clarks Cove opening{\ CO SaysProjectManagerJosephCosta, <D "How congress decides this issuetoday, < Julv Jan Julv Jan Julv Jan 11rU\i wiUdeckleutefatenotonlyofBuzzardsBay, 989 1990 1991 1992 butofestuariesacrossthecountry." yW 1 BAY WATCH BAYWATCHiswrittenandproducedbytheBuzzardsBayProject,wl isjointlyfundedandadministeredbytheMassachusettsExecutiveOffice ofEnvironmentalAffairsthroughthe Coastal ZoneManagement Office and the U.S. Environmental Protection Agency. The contents of this Buzzards BayProject Manager: Joseph E. Costa, Ph.D. document donot necessarilyreflect theviews and policies ofthe EPAor Editor, Designer: Mara B. Altman the Commonwealth ofMassachusetts. For more information about the Editorial and Technical Assistance: Bruce Rosinoff, DaveJanik Buzzards Bay Project or to subscribe to BAY WATCH, call (508)748- Neil MacGaffey, Bernadette Taber, Tracy Warncke. 3600. Pleaseaddressallcorrespondenceto: BAYWATCH,TheBuzzards MA Bay Project, 2Spring Street, Marion, 02738. BAYWATCH Bulk Rate The Buzzards Bay Project U.S. Postage 2 Spring Street PAID MA Marion, 02738 Boston, MA Permit No. 52539 Mr. Leonard Adams University of Masschusetts University Library Amherst MA 01003 Printed on Recycled Paper . . w\ &A\.i ; ?/v. / Buzzards Bay Project WATCH BAY Volume 7 FALL 1992 Number 3 Fairhaven Health Agent Patricia Fowle, Buzzards Bay Project Environmental Planner Dave Janik, site owner and Fairhaven Executive SecretaryJeffOsuch, EPAProjectOfficerBruceRosinoffandDEPEnvironmentalEngineerChristosDimisiorismeetatoneoftheBuzzards Bay Project's alternative system denitrification demonstration projectsites. The system will utilize a peat filterto remove nitrogen. The and legacy future of 5 Title you're looking for pollution sources in the Buzzards Bay In this issueofBAYWATCH,we'll explore the futureofTitle Ifarea, you may only have to look as far as your own backyard 5 andsepticsystemregulation. Howandwhenwill these regula- septic system. With about 43% ofBuzzards Bay area dwell- tionschangetobetteraddress pollution fromsepticsystems and ings usingtheseon-sitewastewaterdisposalsystems, thesewage the use of alternative, but often untested systems? How will from over 100,000 people enters the Bay's drainage basin every widespread useofalternativesystems impactdevelopmentrates day. in previously "unbuildable" areas? What must towns do to plan Inadequately regulated septic systems can threaten public for this future growth? And what are state and local govern- health by contaminating groundwater, shellfish beds and swim- ments doing to enforce existing Title 5 regulations, particularly ming beaches. Septic system pollution can also cause over- in storm-devastated areas where Title 5 systems may not be growth of marine algae, habitat destruction, and depletion of permitted? These are just a few of the questions that environ- marine water oxygen supplies, which can result in fish kills. mental managers, developers, and local and state government To reducepotential pollutionofdrinkingand surfacewaters, agenciesaregrapplingwith today.Althoughtheanswersarestill all Massachusetts septic systems are required to conform with emerging, in thenext fewpages,we'll try to shed a more focu—sed the design and installation specifications outlined in Title 5 of light on the questions. . . Continued the State Environmental Code. When these regulations were originally promulgated in 1978, they were intended to protect public health by ensuring adequate removal of bacterial and - %J viral pathogens. However, many bay area systems are substan- - dard because they were built prior to Title 5 promulgation, or Inside are failing because of improper maintenance or installation. ' . . Research has also shown that Title 5 regulations may not be • Pweorrskp?ecLtoicvaelsgoonveTirtnlmee5:ntdsoesseeikt sufficient to protect public health and the environment from r^$$c innovative enforcement measures. pollutants such as nitrogen or viruses, which travel longer dis- • Alternative systems: Panacea or *V Pandora's box? tances than bacterial pathogens. Additionally, several new, "al- • First federal CCMP implementation ternative" systems have been developed that do not meet all funding is appropriated for current Title 5 standards, but may in fact work better. Buzzards Bay. DEP bay estimates half of areasi Title 5 enforcement key to bay protection At a recent interview, Department ofa drinking water supply, 50 feet of The overwhelming need to bring of Environmental Protection awetland orwatercourseorin poorly suchsubstandardsystems tocodehas (DEP) Water Pollution Control drained soils, and that its bottom is prompted some towns to scrutinize Director Brian Donahoe estimated located at least 4 feet above the max- how they implement Title 5 and that at least halfofthe septicsystems imum groundwater level. forced DEP to issue a major policy in theBuzzards Bay area do not meet statement. Last April, Donahoesent Title 5 criteria, "and that estimate noticestoall localhealthboardsstat- doesn't even include systems that Does Title 5 work? ing that, "Existing systems that do may meet Title 5, but are not ade- Since its promulgation in 1978, notcomplywithTitle5requirements quately maintained. The magnitude are not, as a matter of legal right, Title 5 has greatly strengthened ofthe problem is enormous," hesaid. 'grandfathered'bythelaw,evenifthe public health protection by estab- system was in operation prior to the lishing standards for on-site sewage What is Title 5? treatment. However, questions per- code's effective date and has not yet failed." Title 5 is the section of the State sist about the impact of pollutants Environmental Code that governs not addressed by the regulation, and This statement raised some the design, size, and placement of inadequate enforcement has allowed eyebrows since most health boards septic systems. Systems that do not a great number of substandard sys- are short staffed and concerned meet Title 5 standards can lead to tems to remain in use, significantly about imposing large financial bur- contamination ofdrinkingwater and contributing to water supply and en- dens on homeowners for system re- natural resources. Enforcement of vironmental contamination. placement. In fact, most boards do these regulations is carried out by Perhaps the most pressing not requiresystemreplacement until local boards of health and overseen enforcement problem is that of system failure is so overt as to cause by the Department of Environmen- sewage overflows. upgrading systems that were in- tal Protection (DEP). stalled prior to Title 5 promulgation. Some Buzzards Bay towns are A septic system that conforms Often these "pre-Title 5" systems are trying to tackle the proliferation of with Title 5 utilizes a septic tank and cesspools, which may be located outdated septic systems by requiring a leaching facility to treat sewage directly in groundwater. The design upgrades before permittingany kind through filtration and decomposi- of such systems may be as simple as of structural alteration such as an tion (seediagrambelow). Among the an underground perforated brick increase in the number ofbedrooms Title 5 criteria most crucial to the structure or as crude as the per- or a home conversion from seasonal protection of public water supplies forated, 50-gallon steel drums that to year-round use. However, says are requirements that the leaching were uncovered at a Buzzards Bay Marion Conservation Commision facility is not placed within 100 feet barrier beach during Hurricane Bob. member John Rockwell, "the failure of Shown above are the two conventional septic system designs permitted by Title 5 criteria. In these systems: 1. Wastewaterflows into a septic tank, where heavy solids set 2. The partially treated wastewaterflows through a distribution tie and are partially decomposed by bacteriato form sludge. box and into a (A) leaching field, or (B) leaching pit where it Grease and other matterfloat to the top ofthe tank, forming is furthertreated by filtration and decomposition by soil a layer of scum. microorganisms.

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W&- £Ai-S V Buzzards Bay Project WATCH BAY Volume 7 WINTER 1992 Number 1 east coast no discharge area declared First CCMP Key recommendation sets precedent Thehe EEnnvviirroonnmmeennttaall PPrrootteeccttiioonn AAggeennccyy hhaass ddeeccllaarreedd water quality, but by increasing the public's awareness about WWaarreehhaamm ccooaassttaall wwaatteerrss aa FFeeddeerraall ""nnoo ddiisscchhaarrggee aarreeaa,,"" their responsibility for cleaner water." mmaakkiinngg tthhee ddiisscchhaarrggee ooffbbootthh ttrreeaatteedd aanndd uunnttrreeaatteedd bbooaatt To that end the town of Wareham is developing a boater sewage in this area illegal. The first ofits kind on the eastcoast, education program for the owners of both large and small EPA the designation was hailed by Administrator Julie Belaga vessels. "We're not just dealing with larger boats with MSDs. as "a vital first step towards the restoration of cleaner coastal Mostofourboatsaresmallandboatercompliance has to trickle watersin Buzzards Bay, thatsets animportantprecedent forthe down to the every-day boaterwho pulls a dinghyout from under entire east coast." the garage, as well as the yachtsman who comes down from Although federal law already prohibits the discharge of un- Boston for the weekend," says Spalding. treated boat wasteanywhere in Buzzards Bay, dischargeofboat sewage that has been treated by marine heads (toilets) that To help finance Wareham's boater education program, the macerate and disinfect sewage, is now also prohibited, and EPA is providing a $5,000 grant. To further encourage boater federal, state and local enforcement officials are empowered to compliance, pump-out service will be provided free ofchargeat assess fines and other penalties for discharge violations. town docks and some private marinas. ^dttlfe Onset Bay, Wareham is now part ofthefirst EPA No DischargeArea onthe east coast. This area includes all Wareham coastal waters, which extend approximately from Buttermilk Bay, out to Stony Point Dike and across to Cromeset Point. This designation partially fulfills one of the recommended EPAProject Officer Mel Cote commented that "Wareham is actions contained in the Buzzards Bay Comprehensive Conser- the first of hopefully many communities to take federal vation and Management Plan (CCMP) which was prepared by regulatorysteps toprotecttheircoastalwaters from boatsewage the Buzzards Bay Project and signed into state policyby Gover- contamination." In fact, he says, "the state could petition the nor William Weld last fall. The plan identifies boat sewage and EPA to have all Buzzards Bay embayments designated as "No thetoxicchemicalsusedtotreatitasasignificantenvironmental Discharge Areas," but it wouldn't be possible until there are and publichealth threat.To prevent thesepollutants frombeing enough pump-out stations to justify the nominations." dumped directly into the Bay, the Plan recommends the estab- lishmentofno-dischargeareas andtheinstallation ofpump-out Continued onpage 4 stations to facilitate boater compliance. Several months in the making, the designation application was prepared bythe town ofWarehamwith technical assistance from the Massachusetts Coastal Zone Management office Inside Bay Watch (CZM). Thedesignation, says CZM DirectorJeffrey Benoit, "is Update on CCMP an excellent example of how local, federal and state govern- implementation ments can work together to protect our most valuable natural Project, SCS develop resources." innovative stormwater remediation system But, says Wareham Health Inspector Jeanne Spalding, "The New denitrification greatest challenge is still to come in implementing the designa- tionand makingsure itproduces results- notonlybyimproving technology comes to bay area CCMP Federal approval expected soon is BBAC Project, work to ensure implementation funding The Buzzards Bay Comprehensive leading senate version (S.B. 1081) would enable local Boards ofHealth Conservation and Management whichdoesnotauthorizeanyfunding to help finance public health protec- CCMP Plan (CCMP) is currently being for implementation. tion measures including septic sys- reviewed by federal Environmental To ensurestrong support for H.R. tem upgrades, construction of Protection Agency (EPA) officials 2029 from the Massachusetts con- stormwater remediation facilities, for approval by EPA Administrator gressional delegation, the BBACEx- and agricultural waste control William Reilly. His approval is ex- ecutive Committee and Buzzards programs. pected by this spring. The Manage- Bay Project Manager Joseph Costa ment Plan became Massachusetts metwith representatives from theof- According to estimates contained state policy when it was signed by fices of Massachusetts Sens. Ken- in the CCMP Financial Plan, an an- * Governor William Weld last fall. nedy and Kerry. These meetings nual expenditure of approximately CCMP The Buzzards Bay outlines resultedinpledgesofsupport,aswell $2 million over the next ten years is pollution clean up and prevention as a joint letter from the con- necessary to fully finance recom- strategies to protect the bay's water gressmen to Administrator Reilly, mended CCMP pollution clean up quality and natural resources. Under requesting the "maximum possible andpreventionactivities (not includ- current Clean Water Act provisions, funding for the Buzzards Bay ingNew Bedford clean up activities). funding is only provided to develop Project." The letter, which was also Proposed implementation activities CCMPs, but not to actually carry out signed by Representative Barney include stormwater remediation Plan recommendations. As one of Frank, further stated, "As the Buz- projects, toxic use reduction the first National Estuary Program zards Bay Project and other NEP programs, land use planning, and the (NEP) participants to complete its participants reach the implementa- establishment of additional boat CCMP, the Buzzards Bay Project, tion phase, it is critical that they be pump-out programs and "No Dis- united with the Buzzards Bay Action provided with sufficient funding, in charge Areas." Committee (BBAC), is leading the order to save the NEP from becom- campaign to ensure that adequate ing mere words on paper." As Massachusetts SecretaryofEn- federal funding is made available to vironmental Affairs Susan Tierney turn CCMP recommendations into State-level funding efforts stated ina recentspeechto theCoali- action,notonlyforBuzzards Bay,but On BBAC NEP the state level, the has tion for Buzzards Bay, "It's a lot . for participants across the beenlobbyinghard to help pass legis- cheaper to keep the Bay clean than country. lation to fund specific CCMP im- trying to fix it later- especiallywhen Overthe pastyear, the Projectand plementation activities. If passed you consider that over half of the . the BBAC have worked closely with into law, one bill would alter theway state's economy, in one fashion or Representative Gerry Studds to sup- boat excise taxes are calculated, and another, depends on our marine port legislation entitled the Coastal increase the percentage of these resources. Now that the CCMP is of- Defense Initiative (H.R. 2029), taxes tobe allocated forwaterquality ficial state policy, we are complying CCMP which would include im- improvements such as stormwater with our written obligations to im- plementation funding provisions in remediation, boat pump-out plement it, but this can only happen the reauthorized Clean Water Act. facilities, or municipal water treat- if all levels of government - includ- At press time, congressional debate ment facility upgrades. The BBAC is ing congress - shares in this respon- ^W continues between this bill and the also supporting legislation that sibility." BBAC faces uncertain future I he BBAC is currently facing a severe funding crisis. Since In a recent letter to Senator Kennedy, BBAC Executive EPA BBAC 1990 the organization has been funded by a one-time Director Dennis Luttrell wrote, "If funding for the is grant which is due to run out in September 1992. Due to a not maintained, the implementation effort by local shortage ofgrant funds, the EPA can not commit to renewing municipalities will lose all momentum and will be all but or extending this award. impossible to regain." The BBAC is a non-profit corporation of Buzzards Bay Sens. Kennedy and Kerry, and Representative Studds have municipalities joined in a cooperative effort to adopt and sinceagreed toworktoappropriatefundingto keeptheBBAC BBAC implement effective and consistent environmental protection in business. In the meantime, the is seeking funding policies and bylaws. Its work is crucial to implementation of through private donors and other grants. Ultimately, the the Buzzards Bay CCMP which requires local actions and BBAChopes tosecurelong-term funding, possiblyfrom mem- regional cooperation to succeed. The BBAC is also a key ber municipalities, when local economies improve. Luttrell player in thelobbyingeffort now underwaytoobtain stateand urges readers to contact their state and federal legislators in CCMP federal implementation funding (see above). support ofcontinued funding. Project helps town fund stormwater remediation response to ajoint proposal from animal wastes are primarily respon- cure-all; local residents must also Inthe Buzzards Bay Project and the sible for high fecal coliform levels. help - simple things like picking up townofMarion,thetownwillreceive One of the proposed systems may pet wastes and driveway and road $25,000 from the Massachusetts include a settling pond and an artifi- debris, and not feeding water fowl Department of Environmental cial wetland. The system would work will go a long way in reducing Protection (DEP) for the construc- by allowing initial sediments and Spagues Cove pollution." tion and design of an innovative some pollutants in stormwater stormwater remediation system in- flows to settle to the bottom of a For more information on tended to protect Spragues Cove basin. The effluent would then pass stormwater and other non point shellfish beds from stormwater con- into an artificial wetland where source pollution remediation tamination. Spragues Cove, located nutrientsand otherpollutants canbe projects, see story on p.4. ^Jf in Marion's Sippican Harbor, has ex- absorbed by vegetation,and perienced high levels of fecal bacteria killedbyexposureto coliform, an indicator of harmful ultraviolet sunlight. bacteria and viruses. The Project is working with the The town of Marion is U.S. Department ofAgriculture Soil contributing the services of Conservation Service (SCS) to the Marion Department of develop the optimum system to Public Works and two acres reduce stormwater runoff pollution oflandvaluedat$200,000for in thecove. Todeterminethis, SCS is the project site. The DEP currently monitoring stormwater grant will be used to purchase discharges into the cove to under- construction materials. stand the exact nature of the con- Taber stresses that al- taminationandits mostlikelysource. though this project will According to SCS Soil Conser- hopefully go far to combat vationist Bernadette Taber, it is high bacteria levels in SCS Soil Conservationist Bernadette Taber tests stormwater discharge near Spragues Cove. suspected that domestic and wild Spragues Cove, "it is not a BAY BRIEFS BBP brings new technol- search to sites in Fairhaven, Marion be used to analyze Bay pollution and ogy to Bay area and Dartmouth. Two system designs evaluate cleanup activities. The pro- are currently being considered: one gram is a joint effort by the Buzzards The Buzzards Bay Project is bring- removes nitrogen by converting Bay Project, which is providing tech- inga $100,000researchproject tothe nitrates into nitrogen gas which is nical guidance and equipment, and Bayarea. Part oftheEPANearCoas- released into the atmosphere; the the Coalition for Buzzards Bay. tal Waters program, this project will other system bonds nitrogen Training sessions are scheduled for investigate the efficiency of innova- molecules toa resinwhichischanged this spring. Interested volunteers tive septic systems designed to shouldcontact the Coalition at (508) regularly. remove nitrogen from residential 759-1440. wastewaterbefore the effluent is dis- The new systems are expected to charged into groundwater. be installed this summer and Nitrogen discharged to the sub- monitored for at least 18 months to Buzzards Bay video is surface often finds its way to document system effectiveness and released nitrogen-sensitive coastal embay- investigate operation and main- ments. High nitrogen inputs harm tenance requirements. I he EPA has produced a video marine life by stimulating excessive Water quality monitoring documenting the combined citizen, algal growth and depleting oxygen multilevel-government and ad- supplies in surface waters. This re- program seeks volunteers vocacygroup efforts atwork to clean sneeawrcshtaitse erxepgeulcatteidontso ghoevleprndienvgeltohpe I he first Bay-wide citizens' water uTuprBnuiznzgatrhdesTiBdaey:.KTehepeivnigdPeool,leunttiiotnleadt quality monitoring program is cur- Bay, describes the effect ofpollution use ofalternative septic systems near sensitive embayments. rmeonntiltyorretcrhueitiwnagtervolquunatleietrys antdo odnonBeatyorpersootuercctewsa,taenrdquwahlaittyiasnbdeitnhge The Buzzards Bay Project and the natural resources of Buzzards Bay. environment. The video has been EPAarenow in the process ofselect- Volunteers are not required to have aired on all Bay area cable channels ing test sites where existing septic a scientific background, and all and is now available for loan or pur- systemscan bemodified and newsys- necessary training and equipment chase. For more information contact tems installed, and has narrowed its will be provided. Collected data will the Buzzards Bay Project. *yW CCMP No Discharge Area (Continued) points to non point source solutions youownasepticsystem,walkyour monitoring program, which is ex- Buzzards Bay Project Manager Ifdog, wash your car in the driveway, pected to be on line by this spring. I Joseph Costa concurs, "the designa- or fertilize your lawn, you may be tion is an important first regulatory contributing to nonpoint source Tomitigatewaterqualitydegrada- step, but solving the problem ofboat (NPS) pollution. ThesourcesofNPS tion and prevent additional high sewage contamination in Buzzards pollution are diffuse and many, and levels of NPS pollutants from enter- Bay requires a Bay-wide approach, beach closures, fish kills, and ing sensitive embayments, the Buz- which means installing pump-outs in shellfish bed contamination are just zards Bay Project is involved in a all Buzzards Bay harbors." a few ofthe consequences. number of stormwater remediation projects: In Bourne, the Project is Nonpoint sources are generally helping to fund the installation of That daymay notbe faroffifpend- defined as pollution not originating several leaching chambers later this ing federal legislation, entitled the from a singular outfall pipe. Con- summer, to prevent untreated road Clean Vessel Act, is passed. This bill tributors to NPS pollution include runofffrom discharging directly into could potentially provide enough septic systems, animal wastes, fer- funding to install pump-out stations tilizers and pesticides. Pollutants Hen Cove. The Project is developing a similar strategy to protect in every Massachusetts coastal com- from these sources threaten public munity within the next four years. health and natural resources as they Wareham's Broadmarsh Riverand is currently designing an innovative This legislation is beingsupportedby often find their way to ground and the Buzzards Bay Action Committee surfacewatersvia stormwaterrunoff, stormwater remediation system in (BBAC) which is also working to en- soil erosion and atmosphericdeposi- Marion (see p.3 article). courage other BBAC member towns tion. Toprotect natural resources, the to seek "no discharge designations." As the pressures of widespread Project is financing mapping coastal development take their toll programs in New Bedford, Over the past three years, the on the bay's natural resources, the Dartmouth and Falmouth to Project has been instrumental in Buzzards Bay Project is combating produce maps which identify the helping Bay municipalities finance the cumulative impacts of NPS pol- location of resources including and install pump-out stations lution on several fronts, as recom- shellfish andeelgrass beds and swim- through its municipal grant program. mended in its Comprehensive ming beaches, and structures such as At present, the Project and the Conservation andManagement Plan docks, piers. These maps will pro- BBAC are working to pass a variety (CCMP): vide accurate information to guide of federal legislative initiatives that land and water uses that may impact would provide funding for continua- To identify the sources and na- coastal resources. tion of this program as well as other ture of NPS pollution, the Project is Collectively, the Buzzards Bay pollution prevention and clean up working with the Coalition for Buz- Project has appropriated nearly measures recommended in the Buz- zards Bay to launch the area's first $700,000 for these and other NPS zards Bay CCMP. ^T bay-wide citizens' water quality remediation projects since 1989.^0" BAY WATCH BAYWATCHiswrittenandproducedbytheBuzzardsBayProject,which isjointlyfundedandadministered bytheMassachusettsExecutiveOffice of Environmental Affairs through the Office of Coastal Zone Manage- ment and the U.S. Environmental Protection Agency. The contents of Buzzards Bay Project Manager: Joseph E. Costa, Ph.D. thisdocumentdonotnecessarilyreflect theviewsandpoliciesoftheEPA Editor, Designer: Mara B. Altman or the Commonwealth ofMassachusetts. For more information about Editorial Board: Bruce Rosinoff, Mimi McConnell, DaveJanik the BuzzardsBayProjectortosubscribe toBAYWATCH, call(508)748- Technical Assistance: Neil MacGaffey, Bernadette Taber, Tracy 3600. Pleaseaddressallcorrespondenceto: BAYWATCH,TheBuzzards Warncke. Bay Project, 2 Spring Street, Marion, MA 02738. BAY WATCH Bulk Rate The Buzzards Bay Project U.S. Postage 2 Spring Street MA PAID Marion, 02738 MA Boston, Permit No. 52539 University of Masschusetts University Library Amherst MA 01003 Printed on Recycled This Publication was funded by a grant from the U.S. Environmental Protection Agency. Paper Mi.f M/tes. 7/3- ^ Buzzards Bay Project : WATCH BAY Volume 7 APRIL/MAY 1992 Number 2 Following federal approval, officials briefed EPAAdministratorWilliam Reilly on the needfor CCMP implementation funding. Presentwere (L to R) BBAC Exec. Dir. Dennis Luttrel, CZM Dir. Jeffrey Benoit, BBAC Chairman Ted Pratt, EPA Regional Administrator Julie Belaga, Administrator Reilly, Project ManagerJoseph Costa, Coalition Exec. Dir. Mimi McConnell, EPA Water Mgt Dir. Dave Fierra, and EPA ProjectOfficer Bruce Rosinoff. CCMP Buzzards Bay approved federally is oston: On April 20, Environmental Protection Agency and other nonpoint pollution sources such as stormwater B'(EPA) Administrator William Reilly officially approved runoff,septicsystems, fertilizeruse,and boatsewagedischarges. ithe Buzzards Bay Comprehensive Conservation and Parts ofthe bay also suffer from toxiccontamination, industrial Management Plan (CCMP), an estuary and watershed protec- pollution and sewage plant outfalls. The management plan tion plan developed by the Buzzards Bay Project. The Project is makes recommendationson howfederal,stateand localgovern- thefirsteastcoast NationalEstuaryProgram (NEP) participant mentscanworkin partnership tosolve theseproblems, utilizing to receive federal approval ofits CCMP,which makes available innovative remediation and management strategies. a limited amount of federal funds to support the Project's CCMP As the Project takes its first important steps from plan continuing efforts to facilitate implementation. developmentto implementation, it hasalreadybeen instrumen- After signing the document, Administrator Reilly com- tal in achieving such environmental management milestones as mended the Buzzards Bay Project and state and local officials development ofthe country's first intermunicipal zoning agree- on their "exceptional leadership during the management plan's ment to protect a nitrogen sensitive embayment, designation of development." In a letter to Governor Weld, the Administrator the first east coast marine no discharge area, and a number of commented, "This is a time of economic worry and mounting nonpoint source pollution remediation projects to protect concern about the ability of government at all levels to take shellfish beds and other natural resources. constructiveaction. WiththeBuzzardsBayCCMP,wenowhave anoutstandingdemonstrationofcommitment to theprotection Continued onpage 4 ofestuaries by state and local governments, as well as a model for innovative, targeted management." Before being submitted %& for federal review, the plan became Massachusetts state policy Inside when Governor William Weld approved it in September 1991. • Kennedy, Studds, hold press The Administrator signed the plan following a meeting with conference for environmental representatives from the Project, the Buzzards Bay Action funding DEP Committee, the Coalition forBuzzards Bay, and Massachusetts k • reconsiders proposed Coastal Zone Management, at which he was briefed about the wetland regulation changes major environmental issues of Buzzards Bay and the need for X• After a century of CCMP contamination,Clarks cove increased funding to facilitate implementation. reopens for shellfishing According to the plan, Buzzards Bay natural resources are primarily threatenedbythecumulative impactsofdevelopment Kennedy, Studds push for environmental funding bills Buzzards Bay: On April 15, Rosemary Tierney, and Mas- If passed, the Kennedy-sponsored SenatorEdward M. Kennedyand sachusetts Maritime Academy Ad- bill, S.2137, the "Emergency Anti- Congressman Gerry Studds held a miral Peter Cressy. Recession Act of 1992", would ap- press conference to publicly an- propriate $40 billion in funding Prior to the conference, the law- nouncetwo legislativeinitiativesthat makers met with Pratt, McConnell, which may be accessed by Buzzards would authorize appropriations of Buzzards Bay Project Manager Dr. Bay municipalities for such projects $40 billion and $20 million, respec- Joseph Costa, Massachusetts Coas- as wastewater treatment facilities, tively to be used for infrastructure tal Zone Management Director Jef- combined sewer overflows (CSO's), projects nationwide, including en- and stormwater remediation. This vironmental legislative initia- protection projects tive is intended to that are recom- rebuild the mended in the nation's crumbling Buzzards Bay infrastructure and Comprehensive create numerous Conservation and jobs as well. At Management Plan press time, con- (CCMP). gressional con- Referring to his sideration of this bill as an economic bill isstalled, pend- stimulus package, ing changes to the Kennedy said that federal budget the country's cur- agreement. rent economic The Studds- crisis provides "an sponsored bill, historic oppor- H.2029, "Opera- tunity to invest in tion Coastal America.... and BBAC Chairman Ted Pratt and Rep. Gerry Studds look on as Sen. Edward Shield" would investing in en- Kennedy speaks in favor of environmental funding legislation. amend the re- vironmental authorized Clean BBAC programs should be a national frey Benoit and Executive Water Act to appropriate up to $20 priority." Director Dennis F. Luttrell, to dis- million to fund implementation of cuss the need for Buzzards Bay The press conference, sponsored federally approved estuary manage- CCMP implementation funding. bytheBuzzards BayActionCommit- ment plans, such as the Buzzards Bay tee (BBAC) and the Coalition for According to Luttrell, several CCMP. Rep. Studds is also develop- Buzzards Bay, was held at the Mas- towns bordering the bay are in need ing a proposal entitled, "Funding sachusettsMaritimeAcademy. Inad- of funding for sewer expansions. He Clean Water: AJobs Bill for the En- dition to Sen. Kennedy and Rep. also noted that this legislation could vironment," which would allocate $5 Studds,pressconferencespeakersin- helpfundsewerprojects inWareham billion annually, through the end of cluded BBAC Chairman Ted Pratt, andNewBedford thataretargeted to thecentury, to reducebothpointand Coalition Executive Director Mimi be financed in part by the State nonpoint source pollution in the McConnell, New Bedford Mayor Revolving Fund. nation's waterways. -^ BBAC DC pumpout testifies in for funding bill Washington, DC: On February 27th, BBAC Executive with tens of thousands of boat sewage discharges which Director Dennis F. Luttrell testified before the US Senate contaminate the estuary with human waste pathogens and Committee on Commerce, Science and Transportation in toxic treatment chemicals." This contamination often con- favorofpassingtheClean VesselAct. Ifpassed, thisbillwould tributes to shellfish bed and swimming beach closures. Lut- require that five percent of the Sport Fish Restoration tax trell added that theclosureofshellfish beds is an increasing revenues allocated to coastal states, be used to develop and economic and public health threat as it leads to unemploy- implement a plan to build and maintain needed boat pump- ment and the illegal harvest ofcontaminated seafood. out facilities. The bill's chief sponsor, N. Carolina Rep. Walter Jones, estimates that the legislation would provide At press time, the bill has already been approved by the $109,671 toMassachusettsannuallyoverthenextfouryears, Houseand is still undercommitteeconsideration. Said Lut- fortheconstructionofaboutseven pumpoutstationsayear. trell, "The need to protect our estuaries from the effects of boat discharges is quite obvious and our local economies Luttrell pointed out in his testimony that as a result of need the assistance that the Clean VesselAct will help to insufficient pump out facilities, "Thebay is being inundated provide." I DEP reconsiders proposed changes to wetland regs response to public concerns At the center ofthe controversy is Throughoutmostofthemonthsof Inabout the implications ofproposed language within the proposed February and March, the DEP made I changestostateWetlandsProtection revisions that would expand an exhaustive attempt to hear public Act agricultural exemption pro- regulatory review exemptions from responses tothe proposed regulation visions, the Department ofEnviron- land currently in agricultural use, to changes. In fact, the agency mental Protection (DEP) is working land for agricultural use. Critics scheduled five public hearings and with the Farmland Advisory Com- believe that land not currently in extended the public comment period mittee and the Department of Food agricultural production should still on thisissuebytwoweeks.According and Agriculture's Environmental be subject to regulatory review to to Brady, revisions of the proposed Agricultural Advisory group to re- prevent additional wetland losses regulation changes will be made vise the proposed regulation changes. and mitigate such negative effects of public upon completion. Says DEP Deputy Director of wetland alterations as wildlife In other action, the DEP has in- Wetlands and Waterways Peg Brady, habitat destruction, water supply definitely suspended the Wetlands "We've made a comprehensive effort contamination, and elimination of Conservancy Program's deed restric- to hear a broad range of responses natural flood controls. tion component. The Program was and I feel very positive about the re- According to the DEP, the intended to protectwetlandsbymap- vision process and the direction it's proposed revisions were intended to ping these areas statewide, and taking."According to Brady, thegoal clarify existing regulations, not to recording deed restrictions to alert oftherevisioneffortis"tobalanceallcon- weaken them. But critics maintain wetland owners ofthe need to comp- cerns raised by a number ofgroups." that the language of the proposed ly with existing wetland regulations. Most ofthe comments received by changes goes beyond clarification, to According to Mark Vershbow, WCP the DEP were against adoption of allow for destruction of previously Program Manager, "thisdecisionwas the regulatorychanges, and included unaltered wetlands. made because of decisions to reor- strongly-worded critiques from such ganize thewetlands certificationpro- groups as the Massachusetts As- BuzzardsBayProjectManagerDr. gram, however, we may revisit the sociation of Conservation Commis- Joseph Costa maintains that, "Many deed restriction process in the future sions (MACC)andtheMassachusetts of the proposed changes will greatly to see how it might fit into our MACC AudubonSociety. wentso far clarify and improve the regulations. revisedprogram." Vershbowsaysthat as to call the proposed changes "il- However, a number ofthese changes themapsthathavebeencompletedwill legal." Says Brady, "Clearly this issue do not merely clarify existing still be available, most likely by the has sparked a very lively debate. The farmland exemptions, but weaken end ofthe summer. t^ number of comments we received the ability ofstate and local officials was far beyond our expectation." to protect wetland resources." BAY BRIEFS Buttermilk Bay plan wins 13th award ceremonyin Washington resources." The Project is now EPA award D.C. The Project and the BBAC are evaluatingCensusdataona subbasin also planning an award ceremony to basis to estimate pollution loads to ThetownsofBourne,Plymouthand honor the three towns. the bay's more than 30 embayments. Wareham have been given the EPA Administrator's Pollution Preven- Buzzards Bay population Population of Buzzards Bay Communities tion Award for their joint efforts in increases 11 percent establishing the country's first inter- % people municipal overlay district to protect Accordingto recentlyreleased 1990 Municipality 1980 1990 change sq.mi. coastalwaters.Thetownsformedthe US Census statistics, the overall Carver 6,988 10,590 51.5% 276 overlay district by adopting zoning population of Buzzards Bay Plymouth 35,913 45,608 27.0% 467 changes, based on a plan developed municipalities has increased by 11 Freetown 7,058 8,522 20.7% 247 by the Buzzards Bay Project, to percent. The town of Carver ex- Falmouth 23,640 27,960 18.3% 628 protect Buttermilk Bay from the ef- perienced the greatest population Bourne 13,874 16,064 15.8% 392 fects ofnitrogen pollution. growth in thestate,witha 52 percent Marion 3,932 4,496 14.3% 315 Thetownswere nominatedforthe increase. Westport experienced the Dartmouth 23,966 27,244 13.7% 447 award by EPA Project Officer Bruce slowest growth in the bay area, with Acushnet 8,704 9,554 9.8% 531 Rosinoff. The Buttermilk Bay plan a mere 0.6 percent increase. Middleborougli 16,404 17,867 8.9% 255 Mattapoisett 5,597 5,850 4.5% 335 was one of only 18 projects chosen Says Buzzards Bay Project Wareham 18,457 19,232 4.2% 524 out of over 840 nominations from Manager Joseph Costa, "It's crucial Rochester 3,205 3,291 2.7% 97 across thecountry. Buzzards BayAc- that this growth is managed through Fairhaven 15,759 16,132 2.4% 1328 tion Committee Executive Director land use and harbor planning, to New Bedford 98,478 99,922 1.5% 5262 Dennis Luttrell accepted the award minimize adverse impacts to the Westport 13,763 13,852 0.6% 261 onbehalfofthe threetowns ata May bay's water quality and natural Gosnold 63 98 CCMP approval (Continued) Clarks Cove reopens for shellfishing Massachusetts Secretary of En- vironmental Affairs Susan Tierney After nearly a century of con- million annually, once larger commented that "increased funding tamination closure, 700 acres of shellfish are cleared to make room would not only help sustain the cur- Clarks Coveshellfishbeds havebeen for seeding ofthe more lucrative lit- rent local implementation momen- conditionally reopened for commer- tle neck clams. The towns of tum but would also demonstrate the cial shellfishing during dry weather Dartmouth and NewBedford will be EPA's commitment to CCMP im- conditions. The reopening agree- allowed to issue 150 commercial plementation and NEP excellence." mentwasworked out bythe towns of shellfishing permits each. Dartmouth and New Bedford and CCMP federal approval makes Previously, high fecal coliform the Massachusetts Division of available fouryears oflimited opera- MarineFisheries (DMF)andwasan- bacteria levels in Clarks Cove indi- tions funding to the Buzzards Bay cated that the area was too con- nounced at an April 27th reopening Pinrgojecttecshontihcaatlitcaasnsicsotnantcienuetporovbida-y cerBeBmAonCy at Clarks Cove. rteaompineantiendg wafsormadsheelplofsisshiibnlge.byTihme- Executive Director Dennis municipalitiestofacilitateandmonitor proved water quality which resulted CCMP implementation. However, ac- Luttrell called the reopening agree- from repairs to NewBedford's sewer ment "a good example ofthe kind of cording to Project estimates, an an- system. intermunicipal partnerships that nualexpenditureofapproximately$2 Last spring, the Buzzards Bay need to occur to protect resources, milliondollarsoverthenext tenyears Project awarded a $35,000 grant to is still needed to fully implement while simultaneously creating jobs the City of New Bedford for addi- and improving the economy." CCMP recommendations for pollu- tional sewer system repairs that will tion clean up and prevention, exclud- DMFs Frank Germano estimates allow the system to tolerate more ing such activities in New Bedford. that the reopened Clarks Cove rain before overflowing into the shellfish beds could yield a quahog cove,andthus increasethe frequency Under current Clean Water Act harvest worth between $300,000 and that shellfish beds can remain open provisions, the federalNEgPovernment $500,000 thisyear, and as much as $1 for harvesting. yW (the greatest source of funding) can only provide funds to develop oru CCMPs, not to actually implement <L\J (Hurricane Bob, 73,397)-^ oCO these plans. To ensure that the c r^J Project can continue its work, the The closure of CVDO) BBAC is working closely with the shellfish resource o Massachusetts congressional delega- areas in Buzzards +*^ i tion to include CCMP implementa- Bayreflectpollu- T3 15- tion inputs, rain- CD tion funding provisions in the COO and water reauthorized Clean Water Act. fall, temperature. Clarks Cove opening{\ CO SaysProjectManagerJosephCosta, <D "How congress decides this issuetoday, < Julv Jan Julv Jan Julv Jan 11rU\i wiUdeckleutefatenotonlyofBuzzardsBay, 989 1990 1991 1992 butofestuariesacrossthecountry." yW 1 BAY WATCH BAYWATCHiswrittenandproducedbytheBuzzardsBayProject,wl isjointlyfundedandadministeredbytheMassachusettsExecutiveOffice ofEnvironmentalAffairsthroughthe Coastal ZoneManagement Office and the U.S. Environmental Protection Agency. The contents of this Buzzards BayProject Manager: Joseph E. Costa, Ph.D. document donot necessarilyreflect theviews and policies ofthe EPAor Editor, Designer: Mara B. Altman the Commonwealth ofMassachusetts. For more information about the Editorial and Technical Assistance: Bruce Rosinoff, DaveJanik Buzzards Bay Project or to subscribe to BAY WATCH, call (508)748- Neil MacGaffey, Bernadette Taber, Tracy Warncke. 3600. Pleaseaddressallcorrespondenceto: BAYWATCH,TheBuzzards MA Bay Project, 2Spring Street, Marion, 02738. BAYWATCH Bulk Rate The Buzzards Bay Project U.S. Postage 2 Spring Street PAID MA Marion, 02738 Boston, MA Permit No. 52539 Mr. Leonard Adams University of Masschusetts University Library Amherst MA 01003 Printed on Recycled Paper . . w\ &A\.i ; ?/v. / Buzzards Bay Project WATCH BAY Volume 7 FALL 1992 Number 3 Fairhaven Health Agent Patricia Fowle, Buzzards Bay Project Environmental Planner Dave Janik, site owner and Fairhaven Executive SecretaryJeffOsuch, EPAProjectOfficerBruceRosinoffandDEPEnvironmentalEngineerChristosDimisiorismeetatoneoftheBuzzards Bay Project's alternative system denitrification demonstration projectsites. The system will utilize a peat filterto remove nitrogen. The and legacy future of 5 Title you're looking for pollution sources in the Buzzards Bay In this issueofBAYWATCH,we'll explore the futureofTitle Ifarea, you may only have to look as far as your own backyard 5 andsepticsystemregulation. Howandwhenwill these regula- septic system. With about 43% ofBuzzards Bay area dwell- tionschangetobetteraddress pollution fromsepticsystems and ings usingtheseon-sitewastewaterdisposalsystems, thesewage the use of alternative, but often untested systems? How will from over 100,000 people enters the Bay's drainage basin every widespread useofalternativesystems impactdevelopmentrates day. in previously "unbuildable" areas? What must towns do to plan Inadequately regulated septic systems can threaten public for this future growth? And what are state and local govern- health by contaminating groundwater, shellfish beds and swim- ments doing to enforce existing Title 5 regulations, particularly ming beaches. Septic system pollution can also cause over- in storm-devastated areas where Title 5 systems may not be growth of marine algae, habitat destruction, and depletion of permitted? These are just a few of the questions that environ- marine water oxygen supplies, which can result in fish kills. mental managers, developers, and local and state government To reducepotential pollutionofdrinkingand surfacewaters, agenciesaregrapplingwith today.Althoughtheanswersarestill all Massachusetts septic systems are required to conform with emerging, in thenext fewpages,we'll try to shed a more focu—sed the design and installation specifications outlined in Title 5 of light on the questions. . . Continued the State Environmental Code. When these regulations were originally promulgated in 1978, they were intended to protect public health by ensuring adequate removal of bacterial and - %J viral pathogens. However, many bay area systems are substan- - dard because they were built prior to Title 5 promulgation, or Inside are failing because of improper maintenance or installation. ' . . Research has also shown that Title 5 regulations may not be • Pweorrskp?ecLtoicvaelsgoonveTirtnlmee5:ntdsoesseeikt sufficient to protect public health and the environment from r^$$c innovative enforcement measures. pollutants such as nitrogen or viruses, which travel longer dis- • Alternative systems: Panacea or *V Pandora's box? tances than bacterial pathogens. Additionally, several new, "al- • First federal CCMP implementation ternative" systems have been developed that do not meet all funding is appropriated for current Title 5 standards, but may in fact work better. Buzzards Bay. DEP bay estimates half of areasi Title 5 enforcement key to bay protection At a recent interview, Department ofa drinking water supply, 50 feet of The overwhelming need to bring of Environmental Protection awetland orwatercourseorin poorly suchsubstandardsystems tocodehas (DEP) Water Pollution Control drained soils, and that its bottom is prompted some towns to scrutinize Director Brian Donahoe estimated located at least 4 feet above the max- how they implement Title 5 and that at least halfofthe septicsystems imum groundwater level. forced DEP to issue a major policy in theBuzzards Bay area do not meet statement. Last April, Donahoesent Title 5 criteria, "and that estimate noticestoall localhealthboardsstat- doesn't even include systems that Does Title 5 work? ing that, "Existing systems that do may meet Title 5, but are not ade- Since its promulgation in 1978, notcomplywithTitle5requirements quately maintained. The magnitude are not, as a matter of legal right, Title 5 has greatly strengthened ofthe problem is enormous," hesaid. 'grandfathered'bythelaw,evenifthe public health protection by estab- system was in operation prior to the lishing standards for on-site sewage What is Title 5? treatment. However, questions per- code's effective date and has not yet failed." Title 5 is the section of the State sist about the impact of pollutants Environmental Code that governs not addressed by the regulation, and This statement raised some the design, size, and placement of inadequate enforcement has allowed eyebrows since most health boards septic systems. Systems that do not a great number of substandard sys- are short staffed and concerned meet Title 5 standards can lead to tems to remain in use, significantly about imposing large financial bur- contamination ofdrinkingwater and contributing to water supply and en- dens on homeowners for system re- natural resources. Enforcement of vironmental contamination. placement. In fact, most boards do these regulations is carried out by Perhaps the most pressing not requiresystemreplacement until local boards of health and overseen enforcement problem is that of system failure is so overt as to cause by the Department of Environmen- sewage overflows. upgrading systems that were in- tal Protection (DEP). stalled prior to Title 5 promulgation. Some Buzzards Bay towns are A septic system that conforms Often these "pre-Title 5" systems are trying to tackle the proliferation of with Title 5 utilizes a septic tank and cesspools, which may be located outdated septic systems by requiring a leaching facility to treat sewage directly in groundwater. The design upgrades before permittingany kind through filtration and decomposi- of such systems may be as simple as of structural alteration such as an tion (seediagrambelow). Among the an underground perforated brick increase in the number ofbedrooms Title 5 criteria most crucial to the structure or as crude as the per- or a home conversion from seasonal protection of public water supplies forated, 50-gallon steel drums that to year-round use. However, says are requirements that the leaching were uncovered at a Buzzards Bay Marion Conservation Commision facility is not placed within 100 feet barrier beach during Hurricane Bob. member John Rockwell, "the failure of Shown above are the two conventional septic system designs permitted by Title 5 criteria. In these systems: 1. Wastewaterflows into a septic tank, where heavy solids set 2. The partially treated wastewaterflows through a distribution tie and are partially decomposed by bacteriato form sludge. box and into a (A) leaching field, or (B) leaching pit where it Grease and other matterfloat to the top ofthe tank, forming is furthertreated by filtration and decomposition by soil a layer of scum. microorganisms.

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