State of the Waters Action Plan
The most common threats to our water quality are:
- Nutrient pollution from septic system wastewater and from fertilizers;
- Stormwater runoff containing roadside pollutants, including nutrients and harmful bacteria;
- Contaminants of emerging concern such as pharmaceuticals, personal care products, PFAS, industrial chemicals, and microplastics; and
- Mercury contamination of freshwater ponds and lakes.
Action is needed now, especially at the municipal level. Moving forward immediately on water quality restoration efforts that produce measurable results must be the first priority. Securing and using both the new (short term rental tax and Cape and Islands Water Protection Fund) and traditional (State Revolving Fund and local debt) funding sources, now supercharged by recent landmark federal appropriations legislation, to pay for water quality restoration and for monitoring water resources is critical. The towns of Cape Cod must lead the effort on protecting and improving water quality. State agencies must be a partner in this process. Enhanced municipal, regional and state regulatory standards that increase protections of water resources are crucial.
The Cape and Islands Water Protection Fund awarded $240 million to nine Cape towns to support water quality projects through 2024, making the promise of critical financial assistance a reality. Towns realize there is now a 25 percent subsidy of capital costs and should accelerate their construction plans, especially with additional subsidy available for water quality projects due to recently approved federal legislation.
Great progress has been made on developing the necessary understanding, scope and nature of estuarine water quality problems as well as the realistic and cost-effective management options. Development of the Cape Cod Commission’s 208-water quality report was the turning point that enabled recent progress on implementation to begin. The 208 report identified, but did not address, the need for an equivalent level of assessment of the water quality of the ponds of Cape Cod. The expanded monitoring APCC has undertaken the last few years underscores and makes plain the need for a Cape-wide assessment of, and strategy for the restoration of, freshwater pond water quality. In 2022, Barnstable County answered APCC’s call by creating funding for the Cape Cod Freshwater Initiative, which will enable the Cape Cod Commission and its partners to undertake an analysis of available monitoring data to assess the health of the Cape’s freshwater lakes and ponds. The initiative will help establish a regional plan for improving the quality of the Cape’s freshwater resources. Since the initiative was created, a lot has been achieved and details on progress can be found on the Cape Cod Commission’s website (Freshwater Initiative Progress).
Of course, public involvement is essential. Residents should support municipal investments in local water quality improvement projects. The participation of citizen groups and individuals are necessary to achieving local and regional water quality improvement goals. Be aware of your role in the health of Cape Cod’s water resources. Individual actions by homeowners and businesses—both by the actions you take on your property and by making sure your voice is heard in the local decision-making process—can make a difference in the protection of Cape Cod’s water resources.
Because the quality of groundwater directly affects the quality of the Cape’s coastal embayments, ponds and drinking water, many of the following recommendations in this action plan focus on groundwater protection and crosscut all three resource areas studied in the State of the Waters: Cape Cod report. Action at the municipal level is most impactful and this plan emphasizes municipal actions and the importance of residents in forcing action at the town level.
Recommended Actions for Coastal Embayments
Recommended Actions for Coastal Embayments
For Municipalities:
Comprehensive Wastewater Management Planning:
- Towns should act swiftly in drafting and implementing watershed permits consistent with MassDEP’s updated regulations for nitrogen sensitive areas on Cape Cod (https://www.mass.gov/regulations/314-CMR-2100-watershed-permit-regulations). As of July 2024, 13 of the 15 towns on Cape Cod have submitted a NOI (https://www.mass.gov/doc/watershed-permit-application-table/download).
- Towns with plans that are consistent with the Cape Cod 208 Plan must begin to implement their long-term strategy for managing wastewater and improving water quality in the town’s watersheds.
- Towns without a plan must make the development and adoption of a plan a municipal priority.
- Towns whose plans include shared estuary watersheds should adopt intermunicipal agreements that establish nitrogen responsibility and cooperative wastewater management strategies. Obtaining a state-issued Watershed Permit will provide additional accountability and enforceability.
- Dedicate at least 50 percent of short-term rental tax revenue to infrastructure investments that include wastewater infrastructure and use the revenue to fund appropriate programs.
- Develop financing plans that take full advantage of zero percent loans from the State Revolving Fund (SRF), the principal forgiveness offered by the Cape and Islands Water Protection Fund and new federal funds for Covid recovery and for infrastructure investment.
- Expand monitoring of embayment restoration efforts to assess the effectiveness of management measures. Results should be used for adaptive management and course correction if needed.
- Adopt local zoning bylaws and planning policies that encourage and facilitate future growth at greater densities in strategic locations where wastewater infrastructure can support additional development. Adopt local zoning bylaws, regulations and policies that direct growth away from sensitive watershed areas that do not have supportive wastewater infrastructure.
- Prioritize acquisition of permanently protected open space in sensitive watersheds to help minimize additional future nutrient pollution impacts in coastal embayments, consistent with recommendations in APCC’s “Hanging in the Balance” report.
- Prioritize water resources protection in municipal regulatory review. Establish consistency across town boards and commissions regarding municipal bylaws and regulations relating to water resource protection. For example, local planning boards, boards of health and conservation commissions should adopt the same regulations for requiring advanced denitrifying septic systems for development and redevelopment in nitrogen-sensitive watersheds.
- Explore viable, alternative wastewater treatment strategies to augment municipal investments in wastewater infrastructure.
- Stormwater planning and treatment:
- Complete and implement stormwater plans (i.e., mapping, stormwater pollution prevention plan, bylaws, elimination of illicit discharges, prioritizing stormwater projects, funding maintenance) and include all roads that drain to wetlands and waters. Address both nutrients and bacteria.
- Invest in stormwater remediation efforts in every road project going forward. Prioritize projects with the greatest water quality benefit. Adopt stormwater best management practices that include low impact development techniques.
- Use the revised 208 Technologies Matrix that now includes stormwater Best Management Practices (BMPs) and their removal efficiencies for pollutants (including nutrients, bacteria and solids) to select BMPs for projects.
- Maintain adequate natural vegetated buffer zones around roads and parking lots near water bodies to capture stormwater runoff.
- Eliminate fertilizer and pesticide use on municipal properties. Establish fertilizer and pesticide reduction outreach programs for residents and businesses, including a call for residents to eliminate fertilizer use.
- Upgrade municipal floats to have encapsulated flotation and consider establishing policies and regulations to eliminate exposed Styrofoam flotation for docks and floats. Support ecological restoration programs and projects that will improve water quality and habitat.
- Incorporate climate change into pond monitoring, planning and protection.
- Organize locally and demand action by town officials to protect and restore coastal embayments. Tell town officials to act swiftly in drafting and implementing watershed permits consistent with MassDEP’s updated regulations for nitrogen sensitive areas on Cape Cod.
- Press town officials to prioritize municipal acquisition of permanently protected open space in sensitive watersheds to help minimize additional future nutrient pollution impacts in coastal embayments, consistent with recommendations in APCC’s “Hanging in the Balance” report. Support those open space acquisitions at town meeting.
- At town meetings and the ballot box, support municipal investments in wastewater infrastructure and the use of viable, alternative wastewater treatment strategies to augment the development of wastewater infrastructure.
- Don’t dump contaminants down house drains. Household chemicals, paints, thinners, solvents, pharmaceuticals and other hazardous materials can leach into groundwater and pollute water bodies. Properly dispose of hazardous waste during designated collection days at local transfer stations.
- Eliminate the use of fertilizers and pesticides on your property. Reduce, or better yet, eliminate turf grass lawns and replace with native plantings, and where lawn is needed, make it a Cape Cod lawn.
- Encourage your town, local school and golf courses to reduce or eliminate fertilizer and pesticide use.
- For coastal waterfront properties, establish protective buffers of native vegetation at least 100 feet deep along shorelines to reduce the potential for stormwater runoff.
- Work to achieve zero stormwater runoff from your property. Direct roof runoff from downspouts away from paved areas. Install rain gardens to capture runoff, and rain barrels to harvest water for landscape use. Maximize permeable areas and native plantings that help absorb stormwater and prevent water runoff to roadways.
- Work with your neighborhood association to address stormwater problems and ensure proper maintenance of stormwater controls on private roads, especially where stormwater directly discharges into embayments.
- Help your town properly maintain stormwater systems and report problems, remove debris and litter around storm drains. Never dump oil or other contaminants down storm drains.
- Encourage your town to use pervious surfaces where feasible, and allow roadside vegetation to grow instead of mowing, so it can filter stormwater pollutants.
- Be a responsible boater. Never dump trash or debris overboard. Discharge of any boat sewage, whether treated or not, is prohibited by federal and state law in coastal waters; use designated pump out facilities.
- Upgrade floats to have encapsulated flotation and encourage neighbors and municipality to do the same. Raise awareness of the threat exposed Styrofoam flotation poses to our waterways from contributing to microplastics into the environment.
- If using an on-site septic system, maintain it properly by having it pumped regularly—every three years is recommended. Consider an advanced wastewater treatment system to treat nutrients.
- Through MassDEP, assist towns in their preparation and implementation of watershed permits that provide actionable plans for restoring impaired marine embayments that are consistent with the state’s updated septic regulations for Cape Cod.
- Utilize and support watershed permitting for municipalities that promotes and addresses effective alternative technologies for wastewater treatment, requires sewering if alternatives do not work, and that also assures enforceability.
- Prioritize investments in stormwater control for state roads that improve water quality by removing nutrients as well as bacteria when allocating funding for state road infrastructure projects.
- Provide timely reporting on the state’s list of impaired waters.
- Support monitoring harmful algal blooms (HABs) in both marine and freshwater environments and address causes of HABs using ecologically safe methods.
- Provide additional state funding to the county and municipalities for water quality improvement projects and for monitoring programs.
- Support ecological restoration programs and projects that will improve water quality and habitat.
- Expand investment of resources to focus on regional water quality efforts.
- Invest in monitoring and regional data collection and the dissemination of collected data.
- Provide evaluation of efficacy of alternative Title 5 systems.
- Help focus municipal efforts on water quality restoration on the potential benefits of acting regionally and learning from best practices from across the region.
- Aggressively promote availability of variable rate (0-4 percent) County loans for sewer connections and septic upgrades.
- Discourage further development in areas not currently or planned to be serviced by sewer.
- Support ecological restoration programs and projects that will improve water quality and habitat.
Recommended Actions for Ponds
For Municipalities:
- Make protection of ponds and restoration of pond water quality a priority. Initiate detailed assessments of water quality for every pond, including promoting and supporting citizen water quality monitoring projects for ponds, including monitoring for cyanobacteria blooms.
- Actively participate in the development, adoption and implementation of the Cape Cod Freshwater Initiative to protect and restore the Cape’s lakes and ponds.
- Participate in the Cape Cod Pond Monitoring Program to monitor 50 ponds seven to nine times per year over three years, and support funding for the program to be continued over the long term.
- Accelerate nutrient management, including sewering, of pond watersheds to improve pond water quality.
- Establish, in partnership with APCC or individually, a cyanobacteria monitoring program and companion public notice protocol that ensures the public is advised of the presence of cyanobacteria blooms and provided with real-time guidance on the need to restrict contact with ponds with high cyano levels.
- Eliminate fertilizer and pesticide use on municipal properties. Establish fertilizer and pesticide reduction outreach programs for residents and businesses, including a call for residents to eliminate fertilizer use.
- Adopt local bylaws and regulations that increase protections of ponds. Require placement of septic systems at least 300 feet back from the edge of a pond when located on the up-gradient side of groundwater flow toward a pond. Develop homeowner financial assistance programs for upgrading septic systems to comply with updated pond-front septic regulations.
- Invest in stormwater remediation efforts around ponds. Adopt stormwater best management practices that include low impact development (LID) techniques. Conduct routine street sweeping and catch basin cleaning to help prevent sediments and contaminants from reaching water bodies through stormwater. Maintain up-to-date GIS mapping and ground-truthing of storm drain locations. Maintain adequate natural vegetated buffer zones around roads and parking lots near ponds to capture stormwater. Conduct the comprehensive stormwater management and implementation described above in the section for coastal embayments.
- Establish consistency across town boards and commissions regarding municipal regulations and bylaws relating to water resource protection. For example, local planning boards, boards of health and conservation commissions should adopt consistent language for septic system technologies and siting in proximity to ponds.
- Weigh the pros and cons of pond management options such as alum treatment, macrophyte (vegetation) removal, or dredging to improve a pond’s water quality. Each pond is unique, therefore methods to address water quality issues should be carefully considered.
- Prioritize permanently protected open space acquisition of pond-front property as well as property within pond watersheds to help minimize additional future nutrient pollution impacts, consistent with recommendations in APCC’s “Hanging in the Balance” report.
- Adopt site plan review standards that take topography into account. Require appropriate setbacks from water bodies and minimize impervious surfaces.
- Incorporate climate change into pond monitoring, planning and protection.
- Support ecological restoration programs and projects that will improve water quality and habitat.
- Sponsor pond education and stewardship programs.
- Consider policies and regulations requiring encapsulated flotation on floats used in ponds.
For Homeowners/Business Owners:
- Organize locally, and demand action by town officials to restore and protect ponds.
- At town meeting and the ballot box, support municipal investments to restore and protect pond water quality.
- Support the adoption of local bylaws and regulations that increase protection of ponds.
- Upgrade your septic system so that it is at least 300 feet back from the edge of a pond when located on the upgradient side of groundwater flow toward a pond.
- Eliminate the use of fertilizers and pesticides on your property.
- Reduce, or better yet, eliminate turf grass lawns and replace with native plantings and where lawn is needed, make it a Cape Cod lawn.
- Encourage your town, local schools and golf courses to reduce or eliminate fertilizer and pesticide use.
- Don’t dump contaminants down house drains. Household chemicals, paints, thinners, solvents, pharmaceuticals and other hazardous materials can leach into groundwater and pollute water bodies. Properly dispose of hazardous waste during designated collection days at local transfer stations.
- Work to achieve zero stormwater runoff from your property. Direct roof runoff from downspouts away from paved areas. Install rain gardens or rain barrels to collect water. Maximize permeable areas and native plantings that help absorb stormwater and prevent water runoff to roads.
- Establish protective vegetative buffers of native vegetation at least 100 feet wide along pond shorelines to reduce the potential for stormwater runoff to a pond.
- Consistent with recommendations in APCC’s “Hanging in the Balance” report, tell town officials to prioritize municipal acquisition of permanently protected open space of property with pond frontage or within pond watersheds, and support open space acquisitions at town meeting. Support open space efforts by local land trusts that protect ponds.
- Help organize and participate in citizen water quality monitoring projects for area ponds, including monitoring for cyanobacteria blooms.
- For homeowners, become active in your local pond association, or if there isn’t one for your pond, start one.
- Work with your neighborhood association to address stormwater problems and ensure proper maintenance of stormwater controls on private roads, especially where stormwater directly discharges into ponds.
- Help your town properly maintain stormwater systems and report problems, remove debris and litter around storm drains. Never dump oil or other contaminants down storm drains.
- Encourage your town to use more pervious surfaces in place of pavement and to allow roadside vegetation to grow instead of mowing it so it can filter pollutants from stormwater.
- Pick up after pets and deposit waste in the trash. Pet waste can introduce harmful bacteria and other pathogens into ponds.
- Do not wash cars on paved driveways or parking lots, which allows oil, fuel and soap to make their way into ponds.
- Be a responsible boater. Never dump trash or debris overboard.
- Attend education workshops to learn more about pond issues and how you and your community can protect ponds.
- Upgrade floats to have encapsulated flotation and encourage neighbors and the municipality to do the same. Raise awareness of the threat exposed Styrofoam flotation poses to our ponds.
- If using an on-site septic system, maintain it properly by having it pumped regularly—every three years is recommended. Consider an advanced wastewater treatment system to treat nutrients.
For State Government:
- Increase funding to municipalities and nonprofits for pond restoration, management and monitoring initiatives. Increase funding to state agencies—e.g., the Department of Conservation and Recreation—for management of ponds under state control.
- Develop better protocols for monitoring of, and responding quickly to, toxic cyanobacteria (blue-green algae) blooms that could impact public health and ecosystems. Work with municipalities and environmental nonprofits to develop standardized monitoring and reporting programs.
- Establish Total Daily Maximum Loads (TMDLs) for phosphorus for high priority Cape Cod ponds.
- Support ecological restoration programs and projects that will improve water quality and habitat.
- Provide timely reporting on the state’s list of impaired waters.
- Incorporate climate change into pond monitoring, planning and protection.
For Regional Government:
- Continue support for the newly established Cape Cod Freshwater Initiative, which includes a comprehensive focus on pond water quality similar to the county’s focus on the nutrient problem in Cape Cod embayments.
- Support ecological restoration programs and projects that will improve water quality and habitat.
- Incorporate climate change into pond monitoring, planning and protection.
Recommended Actions for Drinking Water Supplies
For Municipalities:
- Make protection of water supply sources a municipal priority, with special consideration to climate change impacts (e.g., extended periods of drought).
- Adopt local bylaws and regulations that increase protection of public water supplies, such as natural resource protection zoning, restriction of uses that involve hazardous materials storage or use, standards for construction projects, and waste disposal procedures.
- Prioritize acquisition of permanently protected open space in public water supply areas to protect water quality, consistent with recommendations in APCC’s “Hanging in the Balance” report.
- In addition to new state regulations requiring testing for per- and polyfluoroalkyl substances (PFAS), expand public water supply sampling to include testing for unregulated contaminants of emerging concern that are more likely to be present in the region.
- Conduct or update the town’s source water assessment and protection (SWAP) plan to rate the susceptibility of public drinking water supplies compared to the collected inventory of likely contamination threats, such as gas stations, landfills and other uses. Make the assessment available to the public on the town’s website. Adopt measures to address specific risks with the water supply area.
- Promote water conservation and limited outdoor watering to protect source water.
- Encourage and promote homeowners and businesses to use native species in landscaping and to reduce or eliminate lawns to reduce use of fertilizers, pesticides and water. Do the same for municipal properties such as offices, public parks, schools and other landscaped areas.
- Improve water supply infrastructure to ensure high water quality delivery standards for homeowners and businesses.
- Identify and address stormwater runoff sources that could carry contaminants to drinking water supplies.
- Develop, update and implement contingency planning strategies that address water supply contamination or emergency service interruptions.
- Adopt public education programs to increase awareness of threats to drinking water sources, encourage source water protection, and build support for local water protection initiatives. Inform businesses and households that are located within a water supply protection area.
- Incorporate climate change into the town’s water resource planning and protection.
For Homeowners/Business Owners:
- Organize locally and demand action by town officials to protect water supplies.
- At town meeting and at the ballot box, support investments to improve water supply protection.
- Support the adoption of local regulations that increase protection of water supplies, such as natural resource protection zoning, restriction of uses that involve the storage or use of hazardous materials, and other protective measures.
- Tell town officials to prioritize acquisition of open space in water supply areas to protect water quality, consistent with recommendations in APCC’s “Hanging in the Balance” report. Support local land trust efforts to acquire open space that protects water supplies.
- Know where your town’s water supply protection areas are located. If your home or business is located within a water supply protection area, avoid activities in and around your home or business that could pollute the groundwater beneath it. Even a small spill of a hazardous substance (see the list below) can cause major contamination of groundwater.
- Don’t dump hazardous substances down the drain. Household chemicals, paints, thinners, solvents, pharmaceuticals and other hazardous materials can leach into groundwater and drinking water supplies. Properly dispose of hazardous waste during designated collection days at local transfer stations.
- Work to achieve zero stormwater runoff from your property. Direct roof runoff from downspouts away from paved areas. Install rain gardens to capture stormwater, and rain barrels to collect water. Maximize permeable areas and native plantings that help absorb stormwater and prevent water runoff to roads.
- Eliminate the use of fertilizers and pesticides. Reduce, or better yet, eliminate turf grass lawns. Encourage your town, local school and golf courses to reduce or eliminate fertilizer and pesticide use.
- Conserve water usage inside and outside your house or business. For example, avoid watering the lawn during summertime drought conditions. Plant drought tolerant native species and reduce your need for irrigation.
- If using a private well, conduct regular testing, including testing for contaminants of emerging concern that are more likely to occur in the region.
- Maintain your on-site septic system properly by having it pumped regularly—every three years is recommended. Consider an advanced wastewater treatment system to treat nutrients.
For State Government:
- Adopt more protective standards to address unregulated contaminants and contaminants of emerging concern.
- Expand the number of per- and polyfluoroalkyl substances (PFAS) regulated by the state that public water suppliers are required to monitor.
- Incorporate climate change into water resource planning and protection. Pass legislation to establish a state drought management plan to protect water supplies.
- Adopt a drought management law that authorizes the state to implement consistent water conservation measures across affected regions during times of drought.
For Regional Government:
- Maintain, and where possible, improve, rigorous protections of drinking water supply areas within the Cape Cod Commission’s regulatory review jurisdiction.
- Clean up municipal drinking water supplies in locations where county-controlled activities are responsible for contaminating groundwater.
- Incorporate climate change into water resource planning and protection.