Environmentalists Sue 2 Cape Cod Towns Over Water Pollution

BARNSTABLE, MA — An environmental group filed a lawsuit against Barnstable and Mashpee, accusing the towns of knowingly polluting local water sources by not enforcing their own regulations for private septic systems.

The complaint comes from the Conservation Law Foundation and was filed last Wednesday in Barnstable Superior Court. According to the complaint, both towns and the state Department of Environmental Protection for decades didn't require private septic systems to remove nitrogen and phosphorus, which state law requires. These contaminants are the primary cause of toxic algae growth and degrading water quality in the region. The complaint asked the court to temporarily suspend septic system permits for new building construction and replacing old systems.

Officials from both towns denied they failed to follow environmental regulations and signaled they will fight the lawsuit. Barnstable town officials said the Conservation Law Foundation's lawsuit would force residents and business owners to pay for expensive upgrades to their septic systems, stop new construction in town and prevent the sale of most Barnstable properties with a septic system.

"We are committed to doing everything in our power to preserve the health of the waters surrounding the Cape," Town Manager Mark Ells said in a statement. "CLF’s demands in these twin lawsuits exceed any requirement of either state or federal law, disrupt Barnstable’s plans to implement the CWMP (Comprehensive Wastewater Management Plan), and carry the potential of devastating economic impact on Barnstable’s residents and businesses."

The lawsuit is the second the Conservation Law Foundation filed against Barnstable this year. In February, the foundation sued the town, arguing the town's water pollution control facility is polluting Lewis Bay and in violation of the federal Clean Water Act.

The Conservation Law Foundation argued the plant's levels of nitrogen discharge are too high, and that waste water is traveling underground into Lewis Bay. According to the Foundation, the discharge is feeding large algae blooms, which are lowering water quality and harming marine life.

Town Manager Mark Ellis denied the town violated any environmental regulations regarding this complaint as well.