NO LOVE LOST ON ENVIRONMENTAL ACTIVISM

Cape Cod and the SouthCoast of Massachusetts

Homeowners Squabble with DEP over Septic Upgrades

BY ROBERT WRIGHT

Even the best relationships can quickly turn sour, which seems to be the case in communities that backed an organization with a self-proclaimed mandate to improve the coastline’s waterways. The issue behind the split between homeowners and state government, accompanied by discontent with the Buzzards Bay Coalition and its 31-year Baywatchers Program, the largest and longest-running volunteer-based coastal monitoring effort in New England, surrounds the fiscal burden taxpayers face if new Title 5 regulations go into effect in 2023.

The issue at hand is that old, and some newer septic systems would be subject to upgrades proposed by the state; in many cases, a homeowner would be facing an estimated cost of $30,000-$35,000 to meet Massachusetts regulations.

Residents are fuming, and they’re not alone; public health officials are concerned about the amendment, which seems to be, “motivated, in large part, by lawsuits filed by the Conservation Law Foundation to reduce nitrogen pollution on Cape Cod,” according to Christopher Michaud, Dartmouth’s Director of Public Health.

The issue at hand is that old, and some newer septic systems would be subject to upgrades proposed by the state; in many cases, a homeowner would be facing an estimated cost of $30,000-$35,000 to meet Massachusetts regulations.

Michaud has been vocal about changes to the law. “Part of the problem with these amendments is that the affected municipalities had ‘no seat at the table’ when they were drawn up.” He added, “The only entity right now that we’ve been able to identify as being at the table of the Nitrogen Sensitive Area Subcommittee (formed in 2020) was a private activist group from Buzzards Bay (Buzzards Bay Coalition), not a municipality.”

The once-small environmental organization has successfully grown and expanded from New Bedford to Cape Cod. Initially, the group’s mission, according to their website, was to save Buzzards Bay “…from the harmful effects of pollution.” But, after nearly four decades, they have expanded their influence on many land-based properties and concerns.

In reviewing their 2021 Annual Report, it becomes clear their objective in preserving the health of waterways is taking place, the organization’s visibility is astounding, and they have raised millions of dollars for various causes and ongoing research. However, what is conspicuously absent from the report is that the non-profit doesn’t post its yearly budget.

From an outsider’s view, seeing its multiple properties, estimated overhead, and investments in research and outreach, it appears the Buzzards Bay Coalition is flush with cash. Additionally, they have created a powerful lobbying concern.

Without any doubt, to their credit, they have saved valuable natural resources and educated the public about nitrogen and the effect it has

“Part of the problem with these amendments is that the affected municipalities had ‘no seat at the table’ when they were drawn up.” on the coast. Still, they seem to lack the passion for understanding ordinary people’s struggles, many of whom have contributed to building the powerhouse of political action.

Cape Cod homeowners will be the first to meet the new regulations with a five-year compliance deadline. There will be at least 30 watersheds labeled “Nitrogen Sensitive Areas,” which will require upgrades. Next in line are those owning property on the SouthCoast. These towns and cities include large areas of New Bedford, Dartmouth, Westport, Freetown, and Fall River.

A statement made by Marybeth Chubb, with the DEP, concluded that the new regulations are to combat the “devastating effects nitrogen pollution has caused to embayments and estuaries.” But, while this projection may be partly accurate, Michaud had this to say about the rush to judgment. “Why all of a sudden are we addressing nitrogen in a timely manner when we’ve known about nitrogen as a source of pollution for decades?”

The truth is the public and state officials have known about the nitrogen problems for years, and many attempts have been made to curtail the issue. However, residents and political representatives have begun to question whether home septic systems are the real problem, and that other more polluting properties or practices need to be examined.

Be Careful What You Wish

Chris Markey, State Rep. Ninth District, represents some areas under scrutiny with a new Title 5 amendment. He is on the record voicing concern that agriculture could be one of the reasons the nitrogen problem never got solved.

In particular, two towns that are “right to farm” communities have been at odds about pollution runoff into waterways for years. But, because of political agendas, little is said about the possibility of farms having “devastating effects” on Buzzards Bay.

In discussion with residents in Dartmouth, in preparation for this article, it was interesting that these same concerns were voiced. But, more pointedly, one homeowner volunteered to have his septic system tested and monitored. His home is miles from a waterway and believes the state should test golf course runoff near streams, rivers, and the ocean, and farms which he does live near.

The debate continues while residents remain confused and cautious. And, as questions swirl as to whether this is science-based legislation or progressive activism gone wild, one thing is clear, this relationship could use some mediation. H