After months of public comment and letters sent from Marion, Mattapoisett and Rochester officials, the Massachusetts Department of Environmental Protection announced that the South Coast will not be subject to new Title 5 regulations that would require residents to replace their septic systems with nitrogen-filtering technology. 

Earlier draft regulation changes had labeled nearby Dartmouth as a “Nitrogen Sensitive Area,” but new regulations limit sensitive areas to Cape Cod. 

Neither Marion, Mattapoisett or Rochester were designated as “nitrogen sensitive areas” by MassDEP.

MassDEP said in a statement that South Coast “communities have not had the same time to investigate and plan to address nutrient pollution” as Cape Cod communities, and they “may face different sources of pollution and environmental conditions than Cape Cod.”

One of the biggest concerns residents had with the proposed required upgrades was the price. “Active nitrogen removal systems” generally cost $10,000 to $15,000, according to the Buzzards Bay Coalition. 

Marion Board of Health member John Howard explained that while the initial cost of the system is already high, maintenance fees, inspections and utility fees would further increase the burden on homeowners. 

“We all sit around and talk about affordable houses and affordable places for our children to live,” said Marion Select Board member Randy Parker. “And when you go sit down at the bank and the septic system costs $8,500 or $10,000, that child is not going to get a mortgage, quite frankly.”

Tenth Bristol Representative Bill Straus (D-Mattapoisett) is “pleased” that MassDEP “revised their proposed new watershed regulations in a way which will save residents in the SouthCoast from the immediate extreme costs of septic system changes.”

In its statement, MassDEP said it still “intends to facilitate more nutrient wastewater planning for communities off Cape Cod.” It’s unclear what form that planning will take. 

Communities on Cape Cod are required to either opt into “Watershed Permitting” or are subject to Title 5 requirements to replace septic systems. South Coast communities may still opt into the permitting process despite no longer being subject to septic regulations. 

Watershed permitting is a 20-year process where communities address their nitrogen pollution with methods tailored to their situation, including “centralized wastewater treatment … aquaculture, innovative and alternative septic systems, permeable reactive barrier walls and fertilizer reduction,” according to MassDEP.