The Tisbury board of health is considering adopting bold new regulations aimed at protecting the health of Lake Tashmoo and Lagoon Pond. The rules would establish a “no new nitrogen” policy — the first of its kind of the Island — by holding property owners accountable for wastewater associated with new development in the two watersheds.

Developed by the Tisbury wastewater planning committee with technical assistance from the Martha’s Vineyard Commission, the regulations were presented last week at the end of a daylong conference dealing with pond health on the Vineyard. Tisbury board of health chairman Michael Loberg, who serves on the wastewater committee, said public hearings on the regulations will begin in June.

Lake Tashmoo and the Lagoon are considered two of the most impaired saltwater ponds on the Vineyard. About two thirds of the nitrogen flowing into both ponds comes from wastewater, according to the Massachusetts Estuaries Project, which has issued detailed reports on most of the coastal ponds in southeastern Massachusetts. The rest comes from road runoff, fertilizers and other sources. Both watersheds extend into multiple towns, but the new rules apply only to the portions in Vineyard Haven.

The conference last week, organized by the MVC, highlighted the need to move from monitoring to solutions when it comes to nitrogen and the resulting algal blooms which can choke out other pond organisms.

Under the new rules, all new development would trigger a semi-annual fee based on water usage and the type of wastewater management applied. A two-bedroom house with a standard Title 5 system, for example, would translate to a $2,600 fee; the fee would be reduced to $1,700 for a denitrifying septic system, or $260 for a denitrifying toilet.

The fees are calculated with the assumption that removing nitrogen through sewering would cost the town $300 per pound. The formula also factors in the amount of nitrogen not finding its way into the treatment system, and the small amount that conventional septic systems are thought to remove.

Mr. Loberg said he hoped the regulations would help raise awareness while giving property owners a stake in the solutions. The regulations would apply to renovations and additions, as well as any change in use for commercial properties that result in increased wastewater flow.

“We want the homeowners and the people building the homes to become familiar with their choices,” he said this week, looking ahead to the public hearings. “We want them to think about: How can I reduce the nitrogen I’m putting into the watershed and the ground water? What kind of tools do I have?”

He believes wastewater technology will eventually make things more manageable, but for now he said the problem requires an immediate response. He added that if the ponds remain healthy, then solutions such as aquaculture, which can remove nitrogen from the pond itself, could still be viable.

The mitigation fees would be used to reduce or remove nitrogen in the watersheds, which include about 60 per cent of the town, including many businesses on State Road. Other uses could include expanding the town sewer system and providing rebates to property owners who connect to the sewer line or install a denitrifying system. Rebates could not exceed 35 per cent of a homeowner’s first 10 years of fee payments.

Each fee would cease after 20 years, or as soon as a new development is connected to the town sewer. Fees would also cease when the town certifies that it is able to remove enough nitrogen to meet water quality standards for the watershed.

The two watershed districts combined include 1,697 buildings with a rooftop footprint greater than 400 square feet (about half the buildings in town), according to the MVC.
 
The proposal applies equally across all income levels, but Mr. Loberg pointed out that the draft regulations could still change in the coming weeks. He said the question of whether to include an affordable housing component would be up to the town and the selectmen. “I think we are going to listen to people, listen to the selectmen and decide what to do,” he said. “There is a lot to be gained from this dialogue.”

The draft wastewater regulations are available at mvboh.org.