In May 2009, the US EPA Region 1 approved pathogen Total Maximum Daily Loads (TMDLs) for 52 areas in the Buzzards Bay watershed. These TMDLs set water quality standards in 45 estuaries (covering 38.4 square miles) and seven river areas (extending 17.4 river miles) and will have broad implications for the treatment of stormwater, issuance of discharge permits, and the implementation municipal MS4 stormwater permits. Meeting the goals of the TMDL will take many years and possibly cost a billion dollars or more.

As noted in EPA’s approval documents and DEP’s TMDL report, the goal of the Buzzards Bay Watershed Pathogen TMDL is to support “reduction of waterborne disease-causing organisms, known as pathogens, to reduce public health risk”, and “to reopen closed shellfishing areas and protect existing shellfishing areas from degradation.” DEP’s TMDL report further notes that “in order for estuary areas to meet [the water quality] standards, extraordinary work is necessary to detect specific bacteria sources, and remediate them.”

The Buzzards Bay Pathogen TMDL is the result of years of effort by DEP, which “is responsible for monitoring the waters of the Commonwealth, identifying those waters that are impaired, and developing a plan to bring them back into compliance with the Massachusetts Water Quality Standards (WQS). The list of impaired waters, better known as the ‘303d list’, and now part of the Integrated List of Waters, identifies problem lakes, coastal waters and specific segments of rivers and streams and the reason for impairment. ”

As further noted in the DEP report, “Once a water body is identified as impaired, the MassDEP is required by the Federal Clean Water Act (CWA) to develop a ‘pollution budget’ designed to restore the health of the impaired body of water. The process of developing this budget, generally referred to as a Total Maximum Daily Load (TMDL), includes identifying the source(s) of the pollutant from direct discharges (point sources) and indirect discharges (non-point sources), determining the maximum amount of the pollutant that can be discharged to a specific water body to meet water quality standards, and assigning pollutant load allocations to the sources. A plan to implement the necessary pollutant reductions is essential to the ultimate achievement of meeting the water quality standards.”

The TMDL report itself relies on a wide variety of information, particularly water quality data from the Division of Marine Fisheries, as well as stormwater discharge maps in the Buzzards Bay NEP’s Atlas of Stormwater Discharges in the Buzzards Bay Watershed, and data synthesized by the Buzzards Bay NEP and posted on this website.

Map of the Buzzards Bay watershed showing the locations of the 52 TMDLs. Click on the map to enlarge the image.
Map from the DEP report and prepared by ENSR.

Key Findings and recommendations

“This document provides a framework to address bacterial and other fecal-related pollution in surface waters of Massachusetts. Fecal contamination of our surface waters is most often a direct result of the improper management of human wastes, excrement from barnyard animals, pet feces and agricultural applications of manure. It can also result from large congregations of birds such as geese and gulls. Illicit discharges of boat waste are of particular concern in coastal areas. Inappropriate disposal of human and animal wastes can degrade aquatic ecosystems and negatively affect public health. Fecal contamination can also result in closures of shellfish beds, beaches, swimming holes and drinking water supplies. The closure of such important public resources can erode quality of life and diminish property values.” (page v)

“The primary sources of bacteria appear to be; (1) illicit connections, leaking sewer pipes, and sanitary sewer overflows in sewered areas; (2) failing septic systems around embayments in non- sewered areas; and (3) stormwater runoff. Illicit connections, leaking sewer pipes, and sanitary sewer overflows must be detected (sources) and eliminated. The majority of these sources can be found through the implementation of an effective illicit detection and elimination program and by monitoring dry weather discharges in suspected areas. A comprehensive program needs to be conducted to find sources to bacteria hotspots in the stormwater systems of many communities. The Phase II Stormwater program, required in at least parts of all the communities, is an excellent conduit to do this work.” (page vi)

“In addition to identifying the loads necessary to meet water quality standards this TMDL provides guidance for setting bacterial implementation priorities within the Buzzards Bay Watershed.”(page vii)

Below is a list of the 52 areas of Buzzards Bay with TMDLs established in the DEP report. The priority ranking was based on a pathogen discharge concentrations, degree of impaired uses, and proximity to adjacent important uses.