Coonamessett River Trust

Why we are Appealing a DEP Permit

 

Hello Coonamessett River Supporters,

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We wanted to let you know the latest news.

The CRT is partnering with the Association to Preserve Cape Cod (APCC) and 10 Falmouth citizens to appeal the MA Department of Environmental Protection’s (DEP) wastewater discharge permit for the 300-unit Saxon/Easterly Project planned for 375 Sandwich Rd. The project is in the Coonamessett River watershed where the wastewater will flow downstream into the Great Pond Estuary, an already impaired water body due to excess nitrogen, mostly from septic wastewater disposal.

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This appeal was filed because the permit fails to protect Falmouth’s Great Pond estuary from further harm. Our appeal seeks to enforce the principle that new nutrient loading to impaired watersheds, regardless of the use creating that load, must be offset by the permit holder and that requirement must be fully enforceable. The issued DEP permit fails to do this on both counts and therefore is fatally flawed. 

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The Town of Falmouth is already spending over $50 million on sewer expansions to reduce nitrogen loading to Great Pond as required by DEP to restore its water quality  Since 2006, the Great Pond Watershed has had a MassDEP-issued Total Maximum Daily Load (TMDL) for nitrogen which limits the maximum amount of nitrogen that the Great Pond can receive without exceeding water quality standards. Existing nitrogen discharges into Great Pond exceed the TMDL by more than 12,000 kilograms per year.

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Here is the great paradox – on the one hand the DEP demands that the Town of Falmouth remove this excess nitrogen, yet this DEP wastewater permit allows the Easterly to release a Cumulative Annual Nitrogen Load of 346 kilograms per year (kg/year). MassDEP’s regulations require any new nitrogen discharge allowed by a groundwater discharge permit to be fully offset. This means any new sources must be balanced by treating other nitrogen emissions within the affected watershed. For example, DEP could require Saxon to mitigate its impact by connecting nearby houses to their wastewater treatment system, thus offsetting the new load to zero. However, this discharge permit issued by MassDEP does not incorporate such a no-net nitrogen limit as either an enforceable condition or through required mitigation.

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The reason APCC, CRT, and Falmouth citizens have appealed this permit has everything to do with defending this legal requirement that new nutrient loading to impaired watersheds, regardless of the use creating that load, must be offset by the permit holder and not shifted to the taxpayers of Falmouth.

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The Coonamessett River Trust began advocating for restoration of the Coonamessett River in 2002 and has since worked with the Town of Falmouth to create a revitalized river and restored wetlands in the river valley directly upstream of Great Pond. The Town, State, and Federal agencies invested more than $8.5 million to create this ecologically vibrant and highly accessible Town open space that provides improved passage for migrating herring, climate resilience, and natural nitrogen removal in a place that is directly downstream of the proposed Saxon wastewater releases. More than 50 partners, including government agencies, non-profits, science institutions and schools have contributed to the success of the river’s restoration.

 

This Issuance of the DEP Wastewater discharge permit will cause environmental degradation to the Coonamessett River watershed and its downstream estuary, Great Pond.  The Coonamessett River is a MassWildlife Cold Water Fishery Resource and its restoration has contributed to the return of alewives, blueback herring, American eels, white perch and brook trout to the river. More than 180 species of native plants have returned to the area providing food and shelter for birds and animals. Every Falmouth 4th and 5th grader visits the river to learn about the value of restoring the river for fish and other animals. The Coonamessett Greenway Heritage Trail is a hugely popular walking path. This permit will put these projects at risk by allowing additional wastewater discharges to the Coonamessett River and Great Pond.