Yesterday, EPA sent Vermont’s clean water agency, the Department of Environmental Conservation, a Clean Water Act “Corrective Action Plan,” outlining permitting and enforcement improvements and updates the state has made or needs to make to ensure that the state provides all the protections required by law to its citizens and the waters they have a right to use and enjoy. This marks a major milestone in CLF’s long-running efforts to secure clean water for all Vermonters.

The federal Clean Water Act is one of the most important and successful laws our nation ever enacted. Before its passage more than 40 years ago, massive volumes of raw sewage and industrial wastes flowed freely into our lakes and rivers. Polluters responsible for this mess faced little in the way of meaningful consequences. The patchwork of state permitting and enforcement programs Americans relied on to keep our waters safe and clean simply had too many holes in it.

The law’s passage reflected a national commitment to restoring and protecting all of our nation’s waters, ensuring that they are safe for drinking, fishing, swimming, and boating, with water quality that also supports healthy populations of fish and shellfish. It established a national goal of eliminating water pollution. As important as this law is, its effectiveness depends on its faithful execution by political appointees and career professional regulators at EPA and partner state clean water agencies like Vermont’s Department of Environmental Conservation.

In 2008, CLF acted on its longstanding concerns that Vermont’s waters were suffering from excessive pollution in part because state officials were falling far short of fulfilling all of their Clean Water Act responsibilities. CLF, with tremendous assistance from its able pro-bono counsel from the Vermont Law School’s Environmental and Natural Resources Legal Clinic,  petitioned EPA to order significant improvements in Vermont’s water pollution control permitting and enforcement efforts. If Vermont officials failed to make needed improvements, CLF asked EPA to take over the lead in issuing permits and enforcing against polluters in Vermont.

After several years of investigation by EPA and negotiations with state officials, the Corrective Action Plan EPA issued represents a validation of CLF’s core concerns. It also represents a positive re-commitment to the Clean Water Act by the administration of Governor Peter Shumlin. Among the positive corrective actions Vermont has taken or will take to better control pollution per the EPA plan are:

• The final issuance of the state’s first ever permit to control pollution discharges from “Concentrated Animal Feeding Operations”—animal feedlot operations meeting certain regulatory criteria—in a manner that complies with the Clean Water Act.
• Commitments to increase annual inspections of actual and suspected “Concentrated Animal Feeding Operations” to detect unlawful pollution discharges and ensure that CAFO dischargers apply for and comply with Clean Water Act permits.
• Changes to state law allowing citizens to have a voice in the resolution of Clean Water Act enforcement proceedings.
• A plan for limiting the amount of nutrients discharged by municipal wastewater treatment plants into the Connecticut River and Long Island Sound.
• Enforcement against the Village of Waterbury sewage treatment plant that will significantly reduce one of the largest single phosphorous discharges into Lake Champlain through installation of state-of-the-art technology
• Conforming the state’s policy relating to the use of polluter’s penalty payments to EPA’s requirement
• Implementing a requirement of the Clean Water Act to prevent the degradation of existing high quality waters

The declining health of Lake Champlain and numerous other Vermont waterways underscores how far we. By implementing all of the Corrective Actions outlined above, Vermont is taking an important step in the right direction toward clean water solutions. Vermonters’ quality of life, economic vitality, and maintenance of our state’s green “brand” requires nothing less.

A manure spreader overloads a St. Albans farm field with manure resulting in a direct discharge to Lake Champlain in 2007.

CLF is committed to protecting clean water AND to supporting a healthy farming economy in Vermont and throughout New England (read more about our food and farm work here). At CLF we know we Vermonters can grow our food without poisoning our water.  We have no choice if we are going to achieve a thriving New England for generations to come.

That’s why CLF has worked so hard to get Vermont officials to admit that intensive dairy operations and other types of industrial farming that confine large numbers of animals in small spaces needed to obtain Clean Water Act permits for discharges of manure and other pollution into waters of the state. Vermont is one of the last states, and in fact may be the last state to issue a permit to minimize and eventually eliminate these discharges from “Concentrated Animal Feeding Operations” (CAFOs) under the Clean Water Act.

In 2008, CLF issued a detailed report titled “Failing our Waters, Failing our Farms: Vermont Regulators Turn A Blind Eye to Threat of Illegal Pollution from Concentrated Animal Feeding Operations.” The report relied on years of agency inspection documents showing numerous cases of manure and other discharges that clearly violated the Clean Water Act. CLF’s report called for the Vermont Agency of Natural Resources, the state regulators who run the federal Clean Water Act program in Vermont, to begin requiring polluting operations to obtain Clean Water Act permits.

Sadly, CLF’s call to action went unheeded, and cases of unchecked CAFO pollution continued, resulting in contamination of Lake Champlain and other lakes, rivers, and streams throughout Vermont. Particularly, agricultural discharges can result in harmful bacteria outbreaks and in the explosive growth of harmful blue-green algae that can make water unsafe for swimming, fishing, boating, and drinking.

When state officials failed to act, CLF, with pro bono representation from Vermont Law School’s Environment and Natural Resources Clinic, petitioned the U.S. Environmental Protection Agency to take over Clean Water Act permitting because it was clear that Vermont officials lacked the political will to adequately deal with a major group of polluters in a manner consistent with the nation’s landmark clean water law. EPA officials took CLF’s allegations seriously. Though Vermont officials initially resisted acceptance of this core water protection obligation, the last couple years have seen breakthroughs in the negotiation over the petition which in part resulted in the issuance of today’s long-awaited draft permit as well as forthcoming commitments by the state and EPA to dedicate more resources to CAFO inspection and enforcement.

CLF applauds Governor Shumlin, Agency of Natural Resources Secretary Deb Markowitz, and Department of Environmental Conservation Commission David Mears for showing the leadership to have Vermont at last embrace this important Clean Water Act obligation. Though the issuance of a draft permit is merely a small step in the right direction–CLF hopes it is a clear signal that Vermont may be ready to stop backpedaling when it comes to protecting lakes, rivers, and streams from this serious source of pollution.

CLF looks forward to examining this draft carefully and to filing comments to ensure that the permit contains all of the protections the law requires. I urge all who care about water that is safe for swimming, fishing, boating, and drinking and that supports fish and other wildlife, to examine the Draft Permit (available from the Agency’s web site here) and to send comments supporting its final adoption. There is no doubt that the powerful interests of Big Agriculture will continue to fight this positive step forward, even though many other farmers are welcoming the opportunity to be better stewards of our shared water resources.

CLF is proud to be among a growing coalition of 32 key Vermont businesses, anglers’s associations, and environmental organizations who have signed a resolution “Urging Public Officials And Elected Leaders To Acknowledge The Value Of Clean Water To Vermont’s Public And Economic Health And To Sustainably Invest In The Same.” Though the name of the resolution is long, the idea behind it is quite simple: our health, happiness, economic prosperity, and reputation as a state depend on our ability to keep our waters clean, full of aquatic wildlife, and accessible to all. Doing so will require renewed public sector investment. 

Renewed public investment to Keep our water safe and clean is worth it! Photo Credit: Shutterstock

The resolution, excerpted below, speaks for itself. You can download a copy and find a full list of coalition members by clicking here. With the Vermont Legislature coming back into session today and after another summer with beach closures and fish kills in Lake Champlain, as well as rivers across the state still recovering from the natural and manmade ravages that followed Tropical Storm Irene, our growing coalition felt that today was an important day to ensure that renewed investment in Clean Water is on the mind of lawmakers.

If you find yourself nodding your head in agreement as you read the resolution, be sure to contact your legislator and voice your support for clean water. Or, if you’re not yet signed up for our e-newsletter, do so now – we’ll keep you informed of updates across the region as they happen.

Here is an excerpt from the resolution:

WHEREAS, clean water is essential to Vermonters’ personal health and the health of our economy and Vermont’s environment; and

 WHEREAS, clean water is critical to ensure healthy habitats vital to the protection and restoration of indigenous species and the protection of all flora and fauna throughout the food web; and

WHEREAS, significant progress to restore and protect our water resources has been made since the passage of the Clean Water Act and Safe Drinking Water Act; and

WHEREAS, compromised and impaired waters still exist, and unimpaired waters remain largely unprotected, threatening our quality of life and our economy while public sector investment in protecting water quality continues to shrink, leaving forty years of environmental gains since the passage of the Clean Water Act hanging in the balance; and

WHEREAS, protecting the Vermont brand built on a reputation for protecting its unsurpassed environmental health from degradation is essential for the continued success of all business sectors relying on this crucial market distinction; and

WHEREAS, outdoor recreation, in particular water-based recreation, is a vital aspect of our state identity and a major pursuit among Vermonters and visitors, alike; and

WHEREAS, polluted waters are not accessible waters, do not support aquatic life, and, worse, imperil public health; and

WHEREAS, outdated treatment technologies, aging pipes and pumps, and inadequate capacity undermine our ability to treat sewage, stormwater, and drinking water; and

WHEREAS, in the opinion of leading professionals within numerous disciplines, infrastructure is inadequately funded in Vermont to meet current and future requirements; and

WHEREAS, new and sustained public investment for clean water at the federal, state, and municipal levels is critical to protect this basic element of public health and a vibrant, sustainable economy; and

WHEREAS, it is our legal and moral obligation, as well as an ethical imperative, to ensure that the same quality of life enjoyed by the current generation is possible for the next.

NOW, THEREFORE, BE IT RESOLVED that the undersigned concerned citizens and organizations urge that our state and local elected officials and policymakers:

1. Expeditiously adopt new, equitable, targeted fees and dedicated, broad-based revenue mechanisms; and

2. Sustainably invest these revenues statewide into water, wastewater, and stormwater infrastructure, and all other manner of water resources protection and water pollution remediation.

Wikipedia describes the Standells’ 1965 classic “Dirty Water” as “a mock paean to the city of Boston and its then-famously polluted Boston Harbor and Charles River.” Though fans of local sports teams have embraced the song that plays so often over stadium loud speakers, most people would agree that they’d rather not have their capitol city mockingly identified with “famously-polluted” waters. That’s especially true in these hot summer months when you want to be able to swim at a City beach, fish from an urban jetty, or paddle a local river without fear of contacting raw sewage and toxic algae scums.

Nearly thirty years ago, CLF embarked on a clean water campaign to end Boston’s “Dirty Water” era. CLF lawsuits spurred significant public investments in cleanup of the Boston Harbor and have paid huge dividends as evidenced by all the restaurants and bars that have popped up along the Seaport District waterfront as the Harbor became cleaner. This past weekend, Boston even hosted the Red Bull Cliff Diving championships with divers plunging straight into the Harbor wearing nothing but speedos–something that would have been unthinkable in the years when the Harbor was essentially an open sewer.

CLF works for water that is safe for fishing, even in urban environments. Photo by Chris Devers @ Flickr Creative Commons

We’ve made great progress, but there is still work to be done. The Clean Water Act, which turns 40 this year, promises water that is safe for swimming and fishing regardless of whether local waterways lie in a major tourist district or are situated in a neighborhood where industrial activity and working waterfronts are still part of the urban landscape. Securing Clean Water Act compliance is as much about protecting the health and quality of life of Bostonians in every city neighborhood as it is about making the Hub a desirable place for tourists and the businesses that cater to them. The good news, as reported on the front page of the Boston Globe, is that CLF, EPA, the Boston Water and Sewer Commission, the City of Boston, and numerous other partners are redoubling efforts to deliver on the law’s promise for the benefit of all Bostonians.

As today’s Globe headline proclaims, Boston is embarking on a new “effort to curtail sewage” and deal more effectively with polluted runoff and sewage discharges from storm drainage pipes. The effort comes as a result of another lawsuit filed by CLF against the Boston Water and Sewer Commission for violations of its Clean Water Act permits. EPA joined the suit in 2010. Shortly thereafter the parties turned their attention to negotiating a solution to Boston’s remaining water woes with emphasis on:

•  removing illegal sewage connections that can send household sewage to Constitution Beach, Tenean Beach, and other popular swimming spots
• monitoring to quickly detect and eliminate illegal sewage connections, and
• implementing innovative techniques to filter pollution from urban runoff using more natural elements such as trees and gardens specially designed to absorb stormflows.
• Inspecting active construction and industrial sites to ensure proper pollution controls are in place

The settlement recognizes that, even if we solve all of the sewage problems, the foul brew of metals, bacteria, oils, and other harmful pollutants that can run off the urban landscape after rainstorms and snowmelts must also be addressed before we can put Boston’s “Dirty Water” era into the history books once and for all. To get to a sense of what that cleaner, greener future will look like as City officials begin redesigning pavement-heavy public spaces like City Hall Plaza, visit the Charles River Watershed Association page, which features a report on green infrastructure in and around Boston.

CLF is proud of its role in the cleanup of Boston’s iconic waterways. The investments in clean water spurred by CLF’s advocacy are paying off and will continue to do so if all of those who are responsible for pollution control follow through on Clean Water Act commitments. When that happens, it will be time for a new song about how much Bostonians love their clean water.

The other night, I broiled a gorgeous piece of striped bass for dinner. Though I savored each bite of this healthy, delicious, lean protein, I couldn’t help think of the grim images of other sizeable stripers that washed up dead in the latest fish kill to occur on the shores of Cape Cod in late July.

Healthy striped bass like these inhabit many of New England's coastal waters. Nutrient pollution from septic systems creates toxic algae blooms in Cape Cod waters that threaten these fish. Photo credit: Bemep @ Flickr Creative Commons

According to the Cape Cod Times, on July 25, Falmouth residents began calling local officials complaining about foul odors and dead fish washing up on the shores of Little Pond Estuary–one of the many areas along Cape Cod where fresh water from the land mixes with salt water from the ocean. Upon investigation, officials confirmed the presence of what one resident referred to as a “heap of large dead fish…on the shore.”  Among the dead fish were dozens of striped bass, some measuring as long as 40″. The story noted that this is not the first fish kill of its kind in Falmouth’s Little Pond, nor is it the first on Cape Cod. You can see pictures of the dead stripers and read the full article here, and also check out a previous post to this blog discussing another Cape fish kill that occurred a couple of years ago: “1,000 Dead Fish on Cape Cod: When Will the Killer Be Brought to Justice?”

The tragic slaughter of these beautiful fish–much beloved by sport fishermen who bring tourism revenue to the Cape and other places on New England coast that these hard-fighting fish frequent–could have been stopped.

Scientists who investigated the fish kill identified nitrogen pollution from nearby septic systems as the main culprit.  You see, nitrogen is a common component of human wastewater. When too much of that wastewater flows unchecked into an estuary, the nitrogen feeds explosive blooms of toxic algae that  make the water smell foul, unpleasant to look at, and unsafe to swim in. Blooms of harmful algae also throw the entire ecosystem out of balance, resulting in an underwater environment without enough oxygen for even fast-swimming fish like stripers to survive.

Normally, most of the nitrogen that leaches from underground septic systems is retained in the soils. But, as this fish kill demonstrates, Cape Cod’s sandy soils present a unique problem because they are so porous that the pollution flows right through them and bubbles up into surface estuaries. Because of this unique pollution problem and the dire need to address it before more slaughter occurs, CLF is pushing EPA to recognize that the Clean Water Act requires these septic-system polluters to clean up their act.

Last week, a federal judge in Boston accepted the joint schedule that CLF and our partner Buzzard’s Bay Coalition worked out with EPA lawyers so that the Cape Cod cleanup litigation can move forward.  You can read more about our lawsuit and the clean water solutions that will help save the stripers here.

“It was the best of times, it was the worst of times.”

That opening line from Dickens’ classic A Tale of Two Cities ran through my head last week as I had two very different experiences of Lake Champlain, the 6th largest freshwater lake in the lower 48.

On Saturday, CLF participated in Burlington, Vt’s Lake Champlain Maritime Festival.  Visitors from Canada, outlying towns in Vermont, and many of the 50 states descended on the waterfront for fun in the sun along New England’s “west coast.” Festival goers had a chance to take sailing lessons and inspect old-style guide boats and other watergoing vessels from the Lake’s past.  By day, the sun shone on the broad blue Lake with its breathtaking vistas of the Adirondack Mountains in New York.  And by night great music from the likes of Grace Potter and the Nocturnals echoed across the waterfront.  Although they may not have known it, many of the festival goers also had a chance to drink water from the lake as it serves as the main public drinking water source for 250,000 people in the greater Burlington area.

The festival was exactly the kind of event that highlights the Lake as a recreational, cultural, and economic resource for Vermonters and those who come to visit.  It was a “best of times” moment for our great Lake.

But less than two months ago, in the midst of the summer’s worst heat wave, the same waterfront exploded with foul blue-green algae blooms that turned the water a nasty shade of slimy green.  The Burlington Free Press has an depressing gallery of photos here.

And that brings me to the “worst of times” moments from last week.

On Tuesday, members of the St. Albans Bay Area Watershed Association invited me to come see the foul water quality that has been plaguing the Bay for most of the summer.  I drove up to St. Albans, roughly 30 miles north of Burlington, to meet with three local residents–a retiree, a high school principal, and a state police officer–who are both maddened and saddened by the plight of St. Albans Bay.

A blue-green algae scum fouls and discolors the mostly-deserted waters of St. Albans Bay near a spot that used to average 50,000 visitors a summer before algae blooms like this became a regular experience

They took me on a tour of the watershed, an area that has become dominated by industrial-scale dairy farming responsible for spreading millions of gallons of liquid manure each year onto farm fields that eventually drain into the bay.  The excess nutrients in the runoff from those fields fuel the blue-green algae that choke the life out of the Bay, depressing area businesses and property values.  Forget the image of cows grazing happily on green fields with a red barn in the background.  The cows on these farms were packed tightly into low, single-story barns that look more like warehouses.

The group took me to the waterfront St. Albans Bay Park.  The bright-green, scummy water I saw is pictured at left.  It was a blistering hot day, but no one was using the beach or even thinking about swimming.  The ice cream parlor on the park’s edge had no customers and the convenience store looked pretty slow too.

One of my tourguides, who used to take his kids swimming there all the time in the 80s, told me that the park was once a major destination for Canadians who would drive south to bask on the Bay’s calm beaches–bringing their tourist money with them.  But annual visits to the park–once as high as 50,000 people per summer–have dropped to less than 5,000 as water quality has declined.

Vermont cannot and will not prosper as a state if we continue to tell this tale of two lakes.  The Maritime festival highlights what a tremendous asset a clean lake is and can be.  Yet one wonders what would have happened if the festival was scheduled for earlier in the summer when the water near Burlington looked much as the water in St. Albans did last week.  The experience of depressed property values and economic decline in St. Albans Bay highlights what we stand to lose if we don’t stem the pollution flowing to all sections of the Lake.  We cannot tolerate a situation where you have to check a Department of Health web site to see the status of blue-green algae blooms in the part of the Lake you are planning on visiting.

Whether the problem is pollution from poorly-run megafarms, fouled runoff from big-box parking lots, or inadequately treated sewage, CLF’s Lake Champlain Lakekeeper is committed to restoring and maintaining the best of times all the time and everywhere in Lake Champlain.