[Adopted 6-30-2008]
[Amended 2-10-2009]
A.Â
Purpose.
(1)Â
The findings of a state-wide estuary investigation
indicate that a substantial portion of the Town's saltwater estuaries
are in jeopardy from the long-term buildup of nitrate-nitrogen, primarily
from the subsurface discharge of sewage effluent. These findings have
caused the Massachusetts Department of Environmental Protection to
establish total maximum daily loads (TMDL) for nitrogen for the watershed
areas of these estuaries. "Watershed" is defined as the area of land
from which water flows downhill into a particular body of water. In
these nitrogen-impaired estuaries the TMDL will require an actual
reduction in the amount of nitrate-nitrogen discharged into these
embayments. Since most of the nitrate-nitrogen in these watersheds
is from subsurface discharge of sewerage effluent into the groundwater
that flows to these embayments, and since it is likely that a plan
for corrective action will take years to formulate and implement,
the Board is adopting the following interim regulations to mitigate
the adverse impact to these estuaries from such discharges. The Town
has long recognized the need to protect its water resources and has
imposed discharge limits on subsurface disposal of sewage in other
nitrogen-sensitive areas. The restrictions proposed herein are similar
to those imposed by Town ordinance and/or Board of Health regulation
in other nitrogen sensitive areas in the Town. These regulations are
temporary and will be in effect only until the Town adopts and implements
a Comprehensive Plan to address the nitrogen reduction required in
these estuary systems by the proposed TMDL.
(2)Â
To date, final reports have been produced for Popponesset
Bay, Three Bays and the Centerville River watersheds. All three of
these estuary systems will require a reduction in total nitrogen discharge
in order to meet the state-mandated TMDL. Further reports are expected
on Lewis Bay and Barnstable Harbor.
B.Â
Restrictions. No permit for the construction of an
individual sewage disposal system on any building lot shall be granted
within the watersheds for the estuaries that have been identified
as requiring a reduction in the current TMDL of nitrate-nitrogen as
identified by the map entitled "Massachusetts Estuary Project, Zones
of Contribution to Saltwater Estuaries, Town of Barnstable, March
10, 2008," unless the following standards are met:
(1)Â
The maximum allowable discharge of sanitary sewage,
based on the sewage design flow criteria listed in 310 CMR 15.203,
Title 5, of the State Environmental Code, shall not exceed 440 gallons
per 40,000 square feet of lot area, with the following exceptions:
(a)Â
For approved building lots on which no building
currently exists and that are less than 30,000 square feet in area,
the maximum allowable sewage discharge shall be 330 gallons.
(2)Â
Nothing in this regulation shall prohibit the approval
by the Board of Health of any application involving the maintenance,
repair or alteration of an existing individual sewage disposal system,
provided that said application does not involve an increase in design
flow as defined by existing Board of Health regulations. Where an
increase in design flow is involved, the applicant must demonstrate
compliance with this regulation.
C.Â
Variances. A variance from this regulation may be
granted by the Board of Health only if the applicant can demonstrate
that:
(1)Â
Connection to Town sewer is not available; and
(2)Â
That enforcement thereof would do manifest injustice;
and
(3)Â
The alternative proposal will provide the same degree
of environmental protection as a design in full conformance with this
regulation. This standard shall be met by a site/septic design which
results in equilibrium concentrations of nitrate/nitrogen at the down-gradient
property line not exceeding five ppm, utilizing the Cape Cod Commission
formulas found in its Technical Bulletin 91-001 (final). In undertaking
this calculation, the applicant may utilize off-site lands located
elsewhere in the Estuaries Contribution Area as defined by the map
entitled "Massachusetts Estuary Project, Zones of Contribution to
Saltwater Estuaries, Town of Barnstable, March 10, 2008," provided
that:
(a)Â
The existing nitrogen loading for the off-site
property is included in the calculations; and
(b)Â
A deed restriction limiting the off-site property
to the current nitrogen loading as stated in the calculations and
running to the Barnstable Board of Health or other entity suitable
to that Board is recorded at the Barnstable Registry of Deeds in the
titles to both the subject property and the off-site property. The
restriction shall be in a form suitable to the Barnstable Town Attorney.
Proof of recording shall be provided to the Board of Health, the Town
Assessing Department and the Town Building Department prior to the
issuance of a DWIP for the subject property.
D.Â
Craigville Beach District implementing regulation. Notwithstanding anything to the contrary contained in Subsections A through C above, this interim regulation shall apply to all properties within the Craigville Beach Zoning District as a Craigville Beach District implementing regulation unless and until a property is connected by a building sewer to the public sewer system. In all other respects, the provisions of Subsections A through C above shall apply to all properties within the Craigville Beach District.
[Adopted 1-19-2011 by Ord. No. 11-01 of the Barnstable County
Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape
Cod Commission Act)]