208 Plan Update

Implementation Report

Recommendations 
Status Report
  • 1: People ﷯

       S1.1:CATEGORYSUPPORT      The Cape Cod Commission shall develop guidance on managing disagreement among parties. The Commission awarded discretionary District Local Technical Assistance grant funds to the Town of Mashpee to develop a model IMA for cooperation in shared watersheds. The Commission hired AECOM to examine and document potential nitrogen allocation disagreements in watersheds shared between the Towns of Eastham and Orleans.  Additional guidance will be developed to address other anticipated areas of disagreement in local wastewater planning and implementation efforts.  STATUS:IN PROGRESS

     

  • 2: Problem﷯
  • 3: Policy ﷯
    NPDES Delegation
    Watershed Permitting
    Nitrogen Sensitive Areas
    Title 5 Presumption
    CDRI
    SRP
    208 Consistency
    Consistency Guidance

    R3.1:

    CATEGORY

    REGULATORY REFORM

     

         The Commonwealth of Massachusetts should seek delegated authority under the Clean Water Act to issue and enforce NPDES permits. On April 29, 2016 Governor Baker filed legislation necessary to enable Massachusetts to receive federal delegation of the National Pollutant Discharge Elimination System   STATUS:IN PROGRESS

    R3.2:

    CATEGORY

    REGULATORY REFORM

     

         MassDEP should issue guidance regarding watershed permitting. MassDEP completed a pilot project with the four Pleasant Bay communities - Chatham, Harwich, Orleans and Brewster - in June 2018 and issued the first Watershed Permit.   STATUS:COMPLETE

    R3.3:

    CATEGORY

    REGULATORY REFORM

     

         MassDEP should consider designating as Nitrogen Sensitive Areas watersheds contributing to water bodies impaired by nitrogen that are subject to a 208 Plan, whose development primarily relies on on-site septic systems and/or where the water body is listed on the 303(d) list due to nitrogen overloading and modify available remedial actions to allow for appropriate time for waste management agencies to plan.   STATUS:PENDING

    R3.4:

    CATEGORY

    REGULATORY REFORM

    RESPONSIBILITY:

    MASSDEP

         MassDEP should consider eliminating or amending the regulatory language establishing the presumption that Title 5 systems meet the state water quality standards in situations where it has been established that septic systems contribute to non-attainment.   STATUS:PENDING

    R3.5:

    CATEGORY

    REGULATORY REFORM

     

         The Cape Cod Commission shall amend its regulations accommodating for the unique nature of capital wastewater management planning. By unanimous vote, the Commission amended its regulations in April 2014.   STATUS:COMPLETE

    R3.6:

    CATEGORY

    REGULATORY REFORM

     

         The Cape Cod Commission and MEPA should work together to develop an effective and streamlined process for reviewing projects designed pursuant to the Section 208 Plan Update that are reviewed jointly by both agencies. The Commission drafted a Special Review Procedure outlining a joint review process for consideration by MEPA and will coordinate with MEPA over the next 12 months.   STATUS:IN PROGRESS

    R3.7:

    CATEGORY

    REGULATORY REFORM

     

        All nutrient management planning in the region shall be subject to review for consistency with the Section 208 Plan Update. Commission staff reviewed the Mashpee CWMP and the Harwich CWMP for consistency with the 208 Plan and issued consistency determinations.  The Town of Brewster has requested a 208 Consistency review of its Integrated Water Resources Management Plan which will be completed.  All future plans will be subject to a consistency review.   STATUS:COMPLETED

    R3.8:

    CATEGORY

    REGULATORY REFORM

     

         Specific guidance on the Section 208 Plan Update Consistency Review shall be issued by the Cape Cod Commission within 90 days of the 208 Plan Update approval. Guidance was issued in April 2018.LINK: Guidance on Section 208 Plan Update Obtaining a Consistency DeterminationLINK: Guidance on Section 208 Plan Update Consistency Review Criteria     STATUS:COMPLETED

  • 4: Solutions ﷯ ﷯ ﷯ ﷯ ﷯ ﷯ ﷯ ﷯ ﷯
    Tech Matrix Updates
    Annual Symposium
    Effluent Disposal
    Septage Treatment
    Pilot Projects Criteria
    Pilot Projects
    Monitoring
    Monitoring Protocols
    Monitoring Committee
    WQ Data Center

    I4.1:

    CATEGORY

    INFORMATION

     

          The Cape Cod Commission shall develop a process for annual updates to the Technologies Matrix. Last year the Nature Conservancy and the Commission partnered on a Southeast New England Coastal Watershed Restoration Program (SNEP) proposal to transfer the 208 planning process to southeast Massachusetts and Rhode Island and update the technologies matrix.  We were successful in receiving the grant and will update the matrix consistent with the timeframe proposed for this effort. The Commission issued the first update in  2017, with another update scheduled to coincide with the 2018 OneCape Summit. Work continues on transitioning matrix data to the web-based user interface and connecting that database to the decision support tools.   STATUS:IN PROGRESS

          The Cape Cod Commission shall seek opportunities to sponsor an annual symposium to present and review new research on nutrient management technologies and approaches that coincides with regular updates to the Technologies Matrix. The Commission has held annual summits addressing water quality, advances in technologies and to chart progress made implementation in all Cape towns.  The 2018 OneCape Summit is scheduled for August 16 & 17 at the Wequassett Resort in Harwich.   STATUS:IN PROGRESS

    I4.2:

    CATEGORY

    INFORMATION

     

          The Cape Cod Commission shall provide a detailed evaluation of effluent disposal options by September 2015. Initial work has been completed to identify areas across Cape Cod not suitable for disposal. AECOM provided assistance to complete this analysis by June 30, 2016.   STATUS:COMPLETED

    S4.3:

    CATEGORY

    SUPPORT

     

          Barnstable County or towns should commission septage studies to evaluate the demands for septage treatment. The Commission engaged AECOM to conduct a region-wide septage study to evaluate the demands for septage treatment on a regional and subregional basis. The Commission also convened a meeting of the Cape's publicly owned WWTFs which led to a multi-town RFQ for sludge, grit and grease transport and disposal.   STATUS:COMPLETED

    I4.4:

    CATEGORY

    INFORMATION

     

          The Cape Cod Commission, in conjunction with MassDEP, shall establish criteria for eligible pilot projects. Pilot project criteria are included in the monitoring protocols.   STATUS:COMPLETED

    S4.5:

    CATEGORY

    SUPPORT

     

     

         In coordination with US EPA and MassDEP, the Cape Cod Commission shall work with communities, state and federal agencies to identify opportunities to implement pilot projects in suitable locations across Cape Cod. EPA continues to fund projects through the SNEP and CCC has awarded funding for local projects through the state provided 208 Plan implementation funds. Efforts to provide this type of support to communities will continue.   STATUS:IN PROGRESS

    S4.6:

    CATEGORY

    SUPPORT

         Performance monitoring shall be required for all technologies. Monitoring protocols have been completed for eight technologies identified by the Monitoring Subcommittee as the highest priority to better understand. Performance monitoring will be required as part of permits and 208 consistency review.   STATUS:IN PROGRESS

    I4.7:

    CATEGORY

    IMFORMATION

     

    I4.8:

    CATEGORY

    INFORMATION

     

         Draft monitoring protocols for non-traditional technologies shall be provided by the Cape Cod Commission based on input from the Monitoring Committee in a Technical Guidance document by September 2015. Monitoring protocols have been completed for eight technologies identified by the Monitoring Subcommittee as the highest priority to better understand.   STATUS:COMPLETED

         The Cape Cod Commission shall create a standing Monitoring Committee to support implementation of the plan and identify and track developing issues, such as CECs and climate change impacts to technology performance, subject to available resources. The Monitoring Committee will continue as part of a larger Science, Information and Technology effort.   STATUS:COMPLETED

    I4.9:

    CATEGORY

    INFORMATION

     

    I4.10:

    CATEGORY

    INFORMATION

     

         A regional water quality monitoring program and data warehouse shall be established and the Cape Cod Commission shall assume responsibility for monitoring and maintaining regionally-consistent data sets that are freely accessible to the public, subject to available resources. With the funds provided by MassDEP in April 2016 and a Barnstable County match, the Cape Cod Water Protection Collaborative, in conjunction with the Commission, initiated development of the monitoring program and the monitoring database. This program launched as part of the June 2017 OneCape Summit.   STATUS:IN PROGRESS

  • 5: Evaluation ﷯ ﷯ ﷯ ﷯
    Targeted Plans
    Hybrid Approach
    Watershed Teams
    Access to Funds

    R5.1:

    CATEGORY

    REGULATORY REFORM

     

         Targeted Watershed Management Plan (TWMP) guidance including minimum performance standards for nitrogen in degraded water bodies shall be drafted and issued by the Cape Cod Commission, in concert with MassDEP, pursuant to this update within 90 days of its approval. Guidance was issued in April 2018.LINK: Guidance on Section 208 Plan Update Obtaining a Consistency DeterminationLINK: Guidance on Section 208 Plan Update Consistency Review Criteria    STATUS:COMPLETED

    S5.2:

    CATEGORY

    SUPPORT

     

         Targeted watershed planning efforts shall adopt a hybrid watershed scenario planning process. Through guidance in R5.1, the RPP Update and regulatory amendments, towns will be required to adopt a hybrid scenario planning process   STATUS:IN PROGRESS

    S5.3:

    CATEGORY

    SUPPORT

     

     

         The Cape Cod Commission shall assign Watershed Teams to provide technical assistance to Waste Treatment Management Agencies (WMAs) and municipalities. Watershed Teams have been assigned, as requested, to towns over the last 12 months. Assistance through this program will continue to be available to communities.   STATUS:IN PROGRESS

    C5.4:

    CATEGORY

    COST

     

         Local targeted watershed management plans consistent with the Section 208 Plan Update should qualify for existing and potential revenue sources. State Revolving Fund Loan Regulations (310 CMR 44.00) were modified to include all nutrient removal projects deemed consistent with any regional water resources management plan, including but not limited to a 208 Plan. Efforts to increase access to potential revenue sources should be ongoing.   STATUS:COMPLETED

  • 6: Money ﷯ ﷯ ﷯ ﷯ ﷯ ﷯
    Principal 
Forgiveness
    Monitoring and Pilot Projects
    Nitrogen Impact Fee
    Septic Trust Fund
    Capital Trust Fund
    Environmental Justice

    C6.1:

    CATEGORY

    COST

     

         MassDEP should exercise its discretion in providing principal forgiveness up to 25%. This is still recommended in appropriate cases and when resources are available.   STATUS:IN PROGRESS

    C6.2:

    CATEGORY

    COST

     

         The Commonwealth of Massachusetts should make funds designated for monitoring programs and pilot projects available to Cape Cod for efforts that are consistent with the Section 208 Plan Update. The Commonwealth has provided funds to Barnstable County in the amount of $250,000 each year for four years to support a region wide monitoring program. In addition, the Commission awarded funding for local projects through the state provided 208 Plan implementation funds. These efforts should continue as appropriate and as resources are available.   STATUS:COMPLETED

    S6.3:

    CATEGORY

    SUPPORT

     

         The Cape Cod Commission shall evaluate the steps required for a regional or locally based nitrogen impact fee. The Commission will consider this as part of the Regional Policy Plan Update and other regulatory amendments.   STATUS:IN PROGRESS

    C6.4:

    CATEGORY

    COST

     

         The Cape Cod Commission shall develop a proposal for a Septic Trust Fund and pursue authorizing legislation.

    A framework for a septic trust fund has been established and work toward implementation is ongoing. Funds will be necessary to implement this trust fund.
       STATUS:IN PROGRESS

    C6.5:

    CATEGORY

    COST

     

         The Cape Cod Commission shall develop a proposal for a Cape Cod Capital Trust Fund for the financing of infrastructure design and construction. A framework for a Cape Cod Capital Trust Fund has been established and work toward implementation is ongoing. Funds will be necessary to implement this trust fund. Legislation was past in July 2018 establishing a revenue source for Cape Cod communities to fund wastewater infrastructure projects. The bill awaits ratification by the Legislature of new language inserted by Governor Baker.   STATUS:IN PROGRESS

    C6.6:

    CATEGORY

    COST

     

         Implementation of the Section 208 Plan Update shall include a local public participation process that includes efforts specifically designed to reach environmental justice communities. The Commission recently developed a process to publicly vet transportation planning and implementation projects with the Cape's Environmental Justice communities. This process substantially increased responses from EJ community members in comparison to comments received in prior public comment processes. The Commission will transfer this newly developed process in a manner that will facilitate local and regional outreach to EJ communities for wastewater infrastructure planning and implementation.   STATUS:IN PROGRESS

  • 7: Balance ﷯ ﷯ ﷯ ﷯
    JOINT BASE CAPE COD
    JBCC: Development in 
Cantonment Area
    MassDOT
    Southern New England Partnership

    S7.1:

    CATEGORY

    REGULATORY REFORM

     

         The Cape Cod Commission shall continue discussion and coordination with JBCC and MassDevelopment regarding wastewater allocation policy for the base. The discussion of wastewater allocation is dependent, in part, on the ulitmate ownership of the JBCC WWTF which is anticipated to be transferred from the 102nd ANG to MassDevelopment. MassDevelopment has completed a business case evaluation and will likely assume ownership of the WWTF and the water system at JBCC.   STATUS:IN PROGRESS

    S7.2:

    CATEGORY

    SUPPORT

     

         The Military should ensure that future development within the cantonment area be connected to the JBCC wastewater treatment plant wherever feasible. At this time, there are no specific plans for future development in the cantonment area, although future development is anticipated. Commission staff participates in quarterly meetings of the Military Civilian Community Council and has (and will continue to) impressed upon the military leadership and MassDevelopment staff the need to collect and treat wastewater from all future development.   STATUS:IN PROGRESS

    I7.3:

    CATEGORY

    SUPPORT

     

         MassDOT and the Cape Cod Commission should coordinate the methodologies for assessing stormwater contributions. Compliance Report criteria have been established, will be presented at OneCape.   STATUS:IN PROGRESS

    C7.4:

    CATEGORY

    COST

     

         US EPA should continue to expand the efforts of the SNEP program and encourage the continued expansion of the program moving forward. EPA has continued to meet with the SNEP team and issue RFPs to fund local projects.   STATUS:IN PROGRESS

  • 8: Implementation ﷯

       R8.1:CATEGORYREGULATORY REFORM      The Cape Cod Commission recommends the Commonwealth of Massachusetts designate each of the 15 towns in Barnstable County as the WMAs responsible for implementation of the Section 208 Plan Update in the watersheds for which they are responsible. Through certification of the 208 Plan Update the Commonwealth designated the 15 Cape Cod municipalities as WMAs.  STATUS:COMPLETED

     

Implementation 
Report
  •  Information ﷯ ﷯ ﷯ ﷯ ﷯ ﷯ ﷯
    Compliance Criteria
    Monitoring Protocols
    Monitoring Program
    Monitoring Agreement
    Data Updates
    Decision Support Tool Updates
    Decision Support Tool Functionality

         The Cape Cod Commission shall establish criteria to be included in annual compliance reports within 60 days of adoption of the Implementation Report by MassDEP and US EPA. Compliance Report criteria have been established, will be presented at OneCape,

    I2017.3

     

    RESPONSIBLE ENTITY

    CCC

     

    STATUS:

    COMPLETED

         The Monitoring Committee shall identify any remaining technologies that require monitoring protocols and amend the preliminary guidance document issued in 2016 to include all necessary monitoring protocols for non-traditional technology implementation.

    I2017.5

     

    RESPONSIBLE ENTITY

    CCC

     

    STATUS:

    PENDING

    STATUS:

    IN PROGRESS

         The Cape Cod Commission shall work with MassDEP, the Cape Cod Water Protection Collaborative and other partners, as appropriate, to formally establish and overall structure for the regional water quality monitoring program. The Commission and Collaborative are working together and with partners (APCC, WHOI, SMAST, CCS, WBNERR) to further develop and improve the monitoring database and establish a framework for the overall program.

    I2017.6

     

    RESPONSIBLE ENTITY

    CCC

     

         The Cape Cod Commission shall work through a committee of representatives from each of the 15 Cape Cod communities to establish a data sharing agreement to obtain embayment water quality monitoring data and technology performance data, if available, on an annual basis. As part of this agreement communities should agree to use the template developed as part of the database management effort for providing data. This is currently being addressed through consistency reviews, which include a data sharing protocol.

    I2017.7

     

    RESPONSIBLE ENTITY

    CCC, TOWNS

     

    STATUS:

    IN PROGRESS

         The Cape Cod Commission shall pursue an update to the parcel and water use data used in WatershedMVP and other decision support tools in FY18, consistent with the five year intervals proposed in the 208 Plan Update for data acquisition. Data has been received and is being processed.

    I2017.19

     

    RESPONSIBLE ENTITY

    CCC

     

    STATUS:

    IN PROGRESS

         The Cape Cod Commission shall update WatershedMVP and other decision support tools in FY18 based on newly acquired data. Data has been received and is being processed.

    I2017.20

     

    RESPONSIBLE ENTITY

    CCC

     

    STATUS:

    IN PROGRESS

         The Cape Cod Commission shall revisit functionality available in decision support tools, such as WatershedMVP, regularly to ensure the tools remain effective for planning purposes. Ongoing

    STATUS:

    IN PROGRESS

    I2017.21

     

    RESPONSIBLE ENTITY

    CCC

     

  •  Support ﷯ ﷯ ﷯ ﷯ ﷯ ﷯
    Watershed Agreements
    Watershed Planning
    Environmental Justice
    Joint Base Cape Cod
    MassDOT
    Septage Treatment

         Communities that contribute to the priority watersheds identified in the 2017 Implementation Report should develop agreed upon nitrogen allocations and, in shared watersheds, adopt an intermunicipal agreement, within one year of adoption of the Implementation Report by MassDEP and US EPA. The communities that contribute to Popponesset Bay (Sandwich, Mashpee, Barnstable) and Pleasant Bay (Chatham, Harwich, Orleans, Brewster) have intermunicipal agreements in place that establish an agreed upon nitrogen allocation.

    S2017.1

     

    Responsible Entity

    CCC, TOWNS

     

    STATUS:

    IN PROGRESS

         Communities that contribute to the  priority watersheds identified in the 2017 Implementation Report should outline a plan and schedule for hybrid watershed scenario development and develop hybrid watershed scenarios consistent with the 208 Plan Update within two years of adoption of the Implementation Report by MassDEP and US EPA. The Pleasant Bay Watershed Permit Plan identifies a hybrid watershed plan consistent with the nitrogen allocation identified in the four-town intermunicipal agreement.

    S2017.2

     

    Responsible Entity

    TOWNS

     

    STATUS:

    IN PROGRESS

         The Cape Cod Commission shall transfer the newly developed process for publicly vetting transportation planning and implementation projects with the Cape's Environmental Justice communities in a manner that will facilitate local and regional outreach to EJ communities for wastewater infrastructure planning and implementation.  

    S2017.4

     

    Responsible Entity

    CCC, TOWNS

     

    STATUS:

    PENDING

         MassDEP should exercise its discretion in providing principal forgiveness up to 25%. This is still recommended in appropriate cases and when resources are available.

    S2017.16

     

    Responsible Entity

    CCC

     

    STATUS:

    IN PROGRESS

         The Cape Cod Commission shall continue to identify opportunities for use of MassDOT rights-of-way and engage MassDOT staff in conversations on how to best implement such strategies.

    S2017.17

     

    Responsible Entity

    CCC

     

    STATUS:

    IN PROGRESS

         The Cape Cod Commission shall continue to work with local publicly owned facilities and their operators to ensure adequate septage disposal coverage in the future.

    S2017.18

     

    Responsible Entity

    CCC

    STATUS:

    IN PROGRESS

  •  Regulatory ﷯ ﷯ ﷯
    208 Plan Update Consistency Review
    MEPA MOU [ Memorandum of Understanding ]
    Proposal Review

         The Cape Cod Commission shall adopt regulation amendments to allow for 208 Plan Update Consistency Review in place of traditional DRI review for municipal water quality and wastewater capital plans.

    R2017.8

     

    RESPOSNIBLE ENTITY

    CCC

     

    STATUS:

    COMPLETE

         The Cape Cod Commission shall review project proposals for State funds, such as MassWorks grants, for consistency with the 208 Plan Update, as applicable.

    R2017.9

     

    RESPOSNIBLE ENTITY

    CCC, OTHER

     

    STATUS:

    IN PROGRESS

         The Cape Cod Commission shall work with MEPA to adopt a revised Memorandum of Understanding (MOU) that incorporates this new regulatory process and allows for an expeditious review of projects of this nature, as appropriate and applicable, specifically, that targeted watershed plans requiring MEPA review be allowed to proceed through MEPA review, even if a town or towns have not yet developed town-wide wastewater or watershed management plans.

    R2017.11

     

    RESPOSNIBLE ENTITY

    CCC

     

    STATUS:

    IN PROGRESS

  •  Cost ﷯ ﷯ ﷯ ﷯ ﷯
    Prioritizing State Funds
    New Revenue
    Principal 
Forgiveness
    Clean Water Trust Meetings
    Trust Funds

    C2017.10

     

    RESPONSIBLE ENTITY

    OTHER

         State agencies should prioritize proposals for state funding from communities with a nutrient management plan consistent with the 208 Plan Update, particularly if the proposed project is expected to improve embayment water quality.  

    STATUS:

    IN PROGRESS

    C2017.12

     

    RESPONSIBLE ENTITY

    TOWNS

         To the extent that new revenue sources become available towns should earmark funds for wastewater and water quality improvement efforts.   

    STATUS:

    IN PROGRESS

    C2017.13

     

    RESPONSIBLE ENTITY

    MASSDEP, OTHER

         MassDEP and the Massachusetts Clean Water Trust should exercise their discretion to provide principal forgiveness up to 25% to communities with a watershed permit. 

    STATUS:

    IN PROGRESS

    C2017.14

     

    RESPONSIBLE ENTITY

    CCC, OTHER

         The Cape Cod Commission should continue conversations with the Massachusetts Clean Water Trust about options for a Cape Cod Capital Trust Fund.

    CCC Staff continue to meet with Clean Water Trust staff.  Legislation passed in July 2018 regarding short-term rental tax includes the establishment of a Cape Cod fund.  The legislation was submitted to the Governor who returned it with an amendment.

    STATUS:

    IN PROGRESS

    C2017.15

     

    RESPONSIBLE ENTITY

    CCC

         Additional work shall be completed by the Cape Cod Commission to identify funding sources for the Capital Trust Fund and Septic Trust Fund. Additional work shall be completed by the Cape Cod Commission to identify funding sources for the Capital Trust Fund and Septic Trust Fund.

    STATUS:

    IN PROGRESS