Table Of ContentW&- £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.
