To the editor:

I am writing to support the adoption of the proposed Westport Board of Health’s Septic System Water Resource Protection Regulation and to encourage residents to attend the virtual public hearing on this regulation this Thursday evening, October 29, at 7 pm.  This regulation would require two important changes in on-site wastewater disposal systems that would have significant benefits in protecting drinking water quality in wells and reducing excess nitrogen load in the Westport River.  These changes are the upgrade of cesspools to current Title 5 regulations upon one year of a change in title or a failed Title 5 inspection and the use of denitrifying wastewater disposal systems for new construction.

Both of these changes are based upon science and both were recommendations of the 2020 Targeted Integrated Water Resources Management Plan (TIWRMP) for the Westport River.  That study showed a clear nexus between clusters of lots with old cesspools and recorded contaminated wells.  Cesspools are a wastewater technology from the late 19th century and early 20th century when indoor plumbing replaced outhouses.  They do nothing to remove nitrogen or pathogens. Cesspools dump wastewater into the groundwater and thus contribute to the river.  But since some have not “failed” in the sense of backing up into the connected houses, their use has continued.  They have not been allowed as a disposal method for over 40 years.  

The TIWRMP also found that if we allow all new construction to occur with just standard Title 5 disposal systems, the potential build-out of the town would prevent the town from reaching the federal and state mandated Total Maximum Daily Load of nitrogen in the river.  New construction must have nitrogen reducing systems in order for the town to meet the requirement.

The implementation of these needed regulations has costs as well as benefits.  Yes, there would be some cost to the buyer to replace the 100-year old cesspool, but not to do so means we are underwriting the public health risk to neighboring wells and the river quality. Certainly there is an equity argument that if others have had to upgrade, it is only right that systems no longer allowed by law should not continue in use.  The add-on costs of denitrifying systems for new home construction is a small percentage of overall cost.  Land and house construction costs are rising rapidly, but the costs of denitrifying treatment additions to Title 5 are dropping.

Bob Daylor

Former chairman, Westport TIWRMP Steering Committee