I'm hoping if at the point where we sit down with DEP and we're able to demonstrate the progress we've made .... that they will say, 'OK, we'll move on to other communities that need our intervention more than you do.'”

Philip Weinberg

I'm hoping if at the point where we sit down with DEP and we're able to demonstrate the progress we've made .... that they will say, 'OK, we'll move on to other communities that need our intervention more than you do.'”

Philip Weinberg

It's terrible, it's legalized extortion, and it's wrong.”

Brian Valcourt

Thousands of Westport homeowners could be on the hook for expensive septic upgrades under a series of Title V (septic) amendments being rolled out early next year, though Westport officials are hoping for a more palatable town-wide solution.

The proposed changes would designate dozens of Cape Cod and South Coast watersheds as nitrogen-sensitive "Natural Resource Areas," and could require septic owners within those watersheds, even those who have upgraded septic systems, to further upgrade their systems with the "best available" nitrogen reducing technology within five years of the regulations' passage. In Westport, which is not in full compliance with state water quality standards for nitrogen, that comes out to an estimated 5,000 homes.

However, there is an alternative, as the state is giving a second option for compliance with new regs. Communities like Westport can apply for 20-year "watershed permits," in which officials agree to reduce nitrogen loading by up to 75 percent over the life of the permit. If towns opt to seek a permit, homeowners will be spared their five-year upgrade requirement and it will be up to the town to take measures to reduce nitrogen pollution here.

The state Department of Environmental Protection (DEP) is giving the public until Friday, Dec. 16, to comment on the proposed changes, and the Board of Health's Philip Weinberg is drafting a response for the town.

As he brought board members up to speed on the issue last Monday, he said that no matter which way it's sliced, the amendments could have a big financial impact on Westport, either in cost to homeowners or the cost to taxpayers.

Why the regulations?

The state's goal in the regulations is to reduce the effect nitrogen pollution has on the region's estuaries and coastal areas. Some towns in the region have done a poor job of reducing nitrogen loads while others, including Westport, have made the issue a priority in recent years. Between requiring stringent septic technology in new building permits and keeping an eye on the health of the Westport River's two branches, Weinberg said, the town is doing more than many communities to stay ahead of the regulatory curve.

"We're aggressive or progressive in land protection in ways that protects tributaries to the water," he said, adding that the board of health has worked for years to actively promote nitrogen reduction. As a result, "we're in much better shape than we were a few years ago. The west branch is actually in compliance (with water quality standards) and the east branch is fairly close."

Weinberg said DEP rolled out two options because while he believes the state prefers the permit route, "they don't have the authority to compel towns to buy in to the watershed permit, but they do have authority" over Title V.

"So what they've done, in my opinion, is that they have made the Title V provisions sufficiently onerous that the town would more of less be compelled" to seek a permit over the alternative, putting the whole issue on property owners' backs.

In Westport's watershed, which despite all the town's work is still designated 'nitrogen sensitive,' the impact would be felt by most property owners if that option wins out.

"Even if you have a fully compliant Title V system you have to retrofit it with a nitrogen reducing system and all of that has to be accomplished within five years," Weinberg said. "You're talking about maybe 5,000 or 6,000 septic systems retrofitted (at) $13,000 to $40,000. You're talking about tens of millions of dollars to be expended over five years — it's pretty outrageous."

But if the town goes the permit route, he said, "we would have to commit to a series of very specific activities that would model out to meet the TMDL (Total Maximum Daily Limit for nitrogen) within 20 years."

"I think it's great that we've made progress, and I'm hoping if at the point where we sit down with DEP and we're able to demonstrate the progress we've made .... that they will say, 'OK, we'll move on to other communities that need our intervention more than you do,'" he said.

Sharp rebuke

During Monday's meeting, select board member Brian Valcourt, a contractor, said he believes the state's offer of a choice — upgraded individual systems or a town-wide permit — amounts to "legalized extortion."

"It's terrible, it's legalized extortion, and it's wrong," he said.

Putting aside the obvious pain the regulations would cause individual homeowners if that route was chosen, the town would still be on the hook if the permit option wins out, as it will come with costs that are un-funded.

"The state needs to pony up some money," Valcourt said. It's not enough for DEP to say, "'Hey, you need to meet this standard but we're not going to give you any money to do that.'"

With the public comment period looming Friday, Weinberg said he expects his comments will mostly focus on the Title V/property owner option.

"For many many years the DEP was kind of the gorilla in the closet about what would be done by way of enforcement or compliance," Weinberg said. "So the gorilla is out of the closet in a really big way.

Still, "it's not going to happen tomorrow, so I think we are going to have time to plan and react (to) give them a chance to re-think what they're doing."