07/11/2022 SELECT BOARD Minutes - Laserfiche WebLink

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7 Mashpee Select Board Minutes July 11, 2022 APPOINTMENTS & HEARINGS Presentation bv the ------- tment o f Environmental wProtection: Members of the Select Board met with the Massachusetts Department of Environmental Protection (MassDEP) representatives Millie Garcia -Serrano, Gerald Martin and Maria Pinaud to review the proposed Nitrogen Sensitive Area/Watershed Permitting Regulatory Framework. The MassDEP is using regulatory efforts with a significant funding effort to assist in the remediation of Cape Cod estuaries which has become problematic as an environmental, public health and economic concern. The proposed Regulatory Framework establishes a new designation of Natural Resource Areas (NSA's). Natural Resource Areas are any watershed to an embayment or sub-embayment that is the subject of a Nitrogen Total Maximum Daily Load (TMDL). The TMDL is an approved calculation of the maximum amount of a pollutant that is allowed to enter a waterbody to ensure the waterbody will meet and continue to meet water quality standards for the particular pollutant. There are currently 30 watersheds across Cape Cod with EPA approved nitrogen TMDL's. Requirements for Natural Resource Area designation include the EPA approved TMDL or determination of nitrogen sensitivity based on scientific evaluation and adopted through a public process as well as an approved 208 Plan. All Cape Cod communities are subject to the 208 Plan approved by the EPA in 2015. The NSA is effective on the date of regulation promulgation. The proposed Regulatory Framework also requires Best Available Nitrogen Reducing Technology within 5 years of the effective date of the NSA designation of their watershed for any system serving new construction or an existing facility or as an alternative, communities must operate under a Watershed Permit. Best Available Nitrogen Reducing Technology is an alternative system certified by the MassDEP for general use pursuant to Title V which has the lowest Total Nitrogen performance value. For watershed where a TMDL has been established, the Watershed Management Plan must achieve compliance with Water Quality Standards required by the TMDL and demonstrate that at minimum, 75% of the necessary pollutant reductions levels would be achieved within 20 years. The Watershed Permit is a 20-year permit. This provides communities a greater range of solutions to address water quality needs which include alternative and innovative approaches to address conditions causing water quality impairments. The Department of Environmental Protection is eager to continue to collaborate with the Town of Mashpee, and to share this draft rule concept before it is enacted. The NSA framework provides choices to address the pollution effecting waters impaired by nitrogen and on -site septic systems. Funding sources are available through Clean Water Trust, through SRF funding and the Barnstable County Septic Loan program providing assistance to homeowners who are required to update and repair failed septic systems. A homeowner loan is secured through a betterment agreement between the community and homeowner.