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Governor Approves Landmark Wastewater Legislation

August 14th, 2008 - Cape Cod Water Protection Collaborative Hails Governor Patrick’s Approval of Landmark Wastewater Management Legislation

Governor Patrick today approved, as part of the historic Environmental Bond Bill, landmark wastewater management legislation championed by Senator Robert O’Leary, Representative Sarah Peake and the rest of the Cape delegation. The legislation will provide critical funding assistance to Cape Cod communities to build the wastewater treatment systems needed to improve water quality in estuaries and bays.

“Passage of the O’Leary bill provides Cape towns with the tools and funds needed to restore our water quality and to protect the economy, job base and property values of the entire Cape” said Augusta McKusick, Chairwoman of the Cape Cod Water Protection Collaborative. “Passage of the O’Leary Bill was the number one priority for the Collaborative. Senator O’Leary did a remarkable job moving this bill through the Senate and Representative Peake deserves enormous credit for ensuring approval in the House”.

The new law provides Cape Cod communities with the legal and financial tools needed to arrest and reverse the degradation of its precious coastal waterways. The major remaining unaddressed threat to water quality is excess nutrients. By targeting enhanced financial assistance to communities implementing projects intended to reduce nutrient impacts on surface and drinking water, the new law provides an important focus on an ongoing threat.  There is now a time limited opportunity to access 0% interest funds from the State Revolving Fund and an incentive to communities to move quickly to address this issue.

“Barnstable County created the Water Protection Collaborative to ensure that the Cape communities could advocate for our citizens with a unified voice. As a County Commissioner I am thrilled that our vision for the Cape has become a reality and that our towns now have the financial resources needed to invest in protection of water quality” said Lance Lambros, Chairman of the Barnstable County Commissioners.

In order to access any incremental financial assistance under the bill communities must:

  • Not be subject to a DEP enforcement action for nutrients;
  • Have a DEP approved Comprehensive Water Resources Management Plan;
  • Have adopted land use controls to ensure that the wastewater project will not result in an increase in wastewater flows beyond what was authorized under zoning and Title V.

“While the financial incentives of this bill tend to attract the most attention, equally important are the powers authorized in the local option general law” said Andrew Gottlieb, Executive Director of the Collaborative. “These important provisions provide communities the powers needed to develop wastewater collection systems for the 21st century while maintaining the character and feel of the Cape.”

According to Gottlieb, the benefits of adoption of the new law are many. Communities will be able to properly size their wastewater solutions with the knowledge that the capacity they construct will go to those areas causing their water quality problems. By extending betterment and borrowing terms communities will be able to lower the annual debt service costs of projects and extend the period of betterment payback, providing significant fiscal relief to residents.

The Cape Cod Water Protection Collaborative was created by Barnstable County to offer a coordinated approach to enhance the water and wastewater management efforts of towns and the County and to provide cost effective and environmentally sound wastewater infrastructure, thereby protecting Cape Cod’s shared water resources. The Collaborative seeks funding support for the Cape communities, establishes priorities, directs strategy, builds support for action, and fosters regionalism. The Collaborative maintains the website www.capekeepers.org.