Mass DEP Title 5 and Watershed Permit

The Massachusetts Department of Environmental Protection (MassDEP) has drafted much needed regulatory revisions that specify how Cape Cod communities must deal with their wastewater.  These proposed regulations pertain to Title 5 Septic Systems and Watershed Permits.

The following are highlights in the revisions:

• A Proposed Regulatory Framework will establish a new designation called Natural Resource Area Nitrogen Sensitive Areas (NSAs).  These new NSAs include all Cape Cod communities that are subject to the “208 Plan” approved by EPA in 2015, which include 30 watersheds across Cape Cod.  The designated NSAs will go into effect if the proposed revision to MassDEP’s Title 5 regulations are approved.
• Within this new framework, there are two options that are being proposed which will require reduction in nitrogen migrating to impaired estuaries:
  • Option 1:  Title 5 NSA regulations require mandatory upgrades of current septic system technology to best available innovative and alternative nitrogen reducing technology (I/A)  OR
  • Option 2:  Communities operate under a Watershed Permit requiring implementation of plans to reduce nitrogen loading to meet specific water quality targets

It is very important that Cape Cod residents understand the requirements, time periods and where the cost burden will fall on individual septic system owners.