Board of Health members got an earful from opponents of proposed nitrogen regulations during a public hearing on Wednesday, April 18.

The proposal aims to reduce nitrogen pollution in Wareham's waterways by minimizing nitrogen generated from wastewater on properties using septic systems.

In addition to being generated in septic systems, nitrogen pollution is caused by fertilizer used on lawns, in cranberry bogs, on golf courses, etc. It's a problem because when nitrogen enters the waterways, it causes invasive species such as algae to grow. Those invasive species use up all of the oxygen, which causes fish and shellfish to die.

The regulations, if adopted, would only apply to the construction of new homes or commercial buildings or to buildings expanded in such a way that would increase the output of wastewater -- if a homeowner were to add a bedroom onto his or her house, for example.

Owners would be required to install a "denitrification septic system," that is, a septic system that removes nitrogen from wastewater and meets an annual nitrogen limit of 12 milligrams or less per liter of sewage. Owners would also be required to pay for annual monitoring of the system, submit reports to the Board of Health about output, and pay a $50 annual fee to the Board of Health to "defray the cost of oversight, inspection, monitoring and enforcement."

Reading a letter from a contractor who builds such systems, Board of Health Chair Frank DeFelice said the estimated costs of a "typical installation" of the system would be approximately $24,000, which does not include the septic tank itself, which could tack on up to $10,000. Maintenance could cost another several hundred dollars per year, DeFelice said.

A previous public hearing to address the regulations was postponed last October after more than 470 attendees filled the Town Hall auditorium above capacity. Though only a couple dozen people attended Wednesday, they made their voices heard -- some multiple times.

Opponents of the regulations argued that now is not the time for such potentially costly regulations.

"No other towns in Massachusetts accepted these things and they want to impose it in Wareham," said Nazih Elkallassi, a Wareham builder. "Wareham can't afford it. People can't afford it."

That sentiment was echoed throughout the two-hour hearing. Marie Oliva, president and CEO of the Cape Cod Canal Region Chamber of Commerce expressed concern about the impact the regulations could have on development.

"We recruit businesses in the area and try to retain jobs and job-creation," said Oliva. "Neighboring communities don't have these regulations. ... We think it would hurt overall development ... and residents."

Residents worried that such requirements would discourage families from staying in Wareham or moving to town.

"These regulations, to me, do not seem family-friendly," said Victoria Miles of Tinkers Lane, noting that a young couple wanting to expand their family and thus add a bedroom to their home would likely be unable to afford thousands of dollars to update their septic system. "I think that we can find solutions that involve personal responsibility... that do not involve making an already bloated government bigger than it is."

Ed Pacewicz of Briarwood argued that new or expanded development using traditional septic systems is negating the work that the town sewer system is doing to reduce nitrogen pollution. He said that the proposed regulation would fix that.

"The waterways are going to get green. They're going to get slimy. They're going to start to smell," said Pacewicz, a member of the town's Clean Water Committee. "Think of the economic impact it will have on Wareham when our major industry here is tourism. ... Who's going to come to a beach when it's green, slimy, and smells?"

Board of Health members weren't convinced that the proposal is the way to fix the nitrogen problem.

"This is a draft and I think even the members of the Board of Health would argue that it needs work," said Board of Health associate member Bob Brady. "WIth the input you have shared with us tonight, I believe the Board of Health is going to go back to the drawing board."

The board may not have a chance to do that, however. The Clean Water Committee has proposed a bylaw that closely resembles the Board of Health regulation. Voters will decide its fate at spring Town Meeting, which begins on Monday, April 23, at 7 p.m. in the Wareham High School auditorium.

DeFelice stressed that it wasn't the Board of Health that was the proponent of the bylaw. Brady urged the public hearing attendees to vote the article down.

"This is a draft regulation, ... a regulation that is governed by the Board of Health," Brady said. "It really doesn't belong in the town bylaws, as far as I'm concerned. ... I would encourage you to vote that article down and let the Board of Health continue to do the work."

After the meeting, DeFelice said the nonprofit Buzzards Bay Coalition -- which works to ensure the bay is healthy -- had asked the Board of Health to consider the regulation.

Mark Rasmussen of the Coalition explained the nonprofit's position during the meeting.

"The reason the nitrogen issue is so big in Wareham is because it's so bad in Wareham. ... This regulation is not designed to be the 'one fix' in any way," he said, adding that the regulation was an attempt to "put the finger in the dike to stop the conditions from getting worse."

Many attendees agreed that more research on the issue should be completed before any regulation is passed.

"It needs a lot of tweaking," John Browning of the Wareham Land Trust said, before adding: "The water is deteriorating. ... This may not be the answer yet, but we've got to do something about it. Get working on it and let us do something. We have a problem."

To view the proposed regulations, click the link below.