Jeff Barnum, Conservation Law Foundation’s Great Bay-Piscataqua WATERKEEPER

Until recently, Peter Wellenberger served as the Great Bay-Piscataqua Waterkeeper. The program, with a full-time water advocate dedicated solely to protecting Great Bay, Little Bay, the Piscataqua River and all the waters comprising the Great Bay estuary, was an important new undertaking for Conservation Law Foundation. Realizing that the estuary really needed a visible clean water advocate, CLF created the position, which is affiliated with the international Waterkeeper Alliance, an association of folks dedicated to protecting and improving the health of waterbodies worldwide. In early 2012, Peter jumped in, energized people, networked, and created a coalition of local non-profit, business and municipal stakeholders called Rescue Great Bay in an effort to bring the pollution and nutrient issues to the fore. Peter retired earlier this summer.

I have assumed the Great Bay-Piscataqua Waterkeeper role and feel that I have found my calling. My association with the Coastal Conservation Association of New Hampshire and the Great Bay chapter of Trout Unlimited has galvanized my belief that we all deserve clean water to live, work, and play, and that everybody and everything downstream deserves the same. How elementary!

Great Bay, the Piscataqua River, and the estuary as a whole have not been so great of late. The City of Portsmouth operates an antiquated sewage treatment plant that provides only the most basic level of treatment (“primary treatment”) – a level that fails to meet the standards of the Clean Water Act and Portsmouth’s 2007 permit. In fact, Portsmouth’s plant is one the few remaining facilities in the country to provide such minimal treatment. Another five sewage treatment plants discharge into tidal rivers within the estuary. Two require total rehab and all, including Portsmouth, do not yet have the ability to remove adequate nitrogen, a key culprit in the estuary’s decline. In total, there are 18 sewage treatment facilities affecting the estuary, which drains 52 communities, including ten in Maine.

Progress is being made in New Hampshire. Durham is proactively dealing with the problem of nitrogen pollution. Newmarket and Exeter have accepted final permits from the EPA to upgrade their outdated sewage treatment plants and greatly reduce their nitrogen discharges. Portsmouth seems to be committed to upgrading to secondary sewage treatment and nitrogen controls, though I remain concerned about the time they are demanding to do so. Unfortunately, Dover and Rochester (regretfully, with help from Portsmouth) continue to aggressively oppose efforts by regulators to reduce nitrogen pollution from their sewage treatment plants. I hope time is on our side.

The sewage treatment plants are not the only causes of decline in the bay and river. Other pollution sources like dissolved nitrogen coming from lawn fertilizers, and storm runoff sweeping oil and chemicals from roads and parking lots are certainly issues of major concern, among others. The combined effect of this pollution on the bay includes a profound loss of filter-feeding oyster beds, an extraordinary loss of essential eelgrass, algae growth, inadequate oxygen to support life in some rivers, and shellfish harvest closures.

We, collectively, have a social responsibility to respond before it is too late.  I’m extremely pleased, as CLF’s Great Bay-Piscataqua Waterkeeper, to be able to do something about the major challenges facing our estuary, and I look forward to working with others who care about protecting this remarkable water resource. You can reach me at jbarnum@clf.org, or follow me on Facebook and Twitter.

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.

The Vermont Public Service Board will be holding a public hearing on the proposed expansion of Vermont Gas facilities.

Vermont Gas Systems Expansion

Thursday evening, March 21, 2013

7:00 p.m 

Champlain Valley Union High School in Hinesburg, Vermont

At a time when climate change is upon us we must think carefully about putting in place new fossil fuel systems that will be around for a very long time. Keeping us hooked on fossil fuels for many years is a bad idea.

The Board will be considering the proposed route, which runs through valuable wetlands and farmland. This is the beginning of a bigger project to supply gas across Lake Champlain to New York. It also moves Vermont closer to being able to access gas supplies from fracking, which is ongoing in New York and Pennsylvania.

Come let the Board know what concerns you have. Tell the Board you want to make sure energy is used wisely and that Vermont takes steps now to reduce our addiction to fossil fuels. It is important for the Public Service Board to hear from you.

Senator Bernie Sanders is hosting a Global Warming Conference – What does it mean for Vermont?  — on Saturday March 16 from 10am to 4pm at Montpelier High School in Montpelier Vermont.

Bill McKibben will be the Keynote Speaker and Senator Sanders will be joined by Vermont and national leaders for workshops and discussions about climate change and what it means for Vermont.

I am pleased to join Senator Sanders and Bill McKibben for this event. It is a great opportunity to learn more about how we can tackle climate change together.

The event is free and open to the public and lunch will be provided.

More information is available here.

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.

Why does CLF heart estuaries? For so many reasons. Estuaries are one of nature’s great ideas. Not just an elegant transition from freshwater to saltwater, estuaries also provide rich feeding grounds for coastal birds and are important places for fish and other marine life to reproduce. Their sheltered waters and unique vegetation provide juvenile animals with places to hide and find food. This is why estuaries are often called the “nurseries of the sea.”

Some of New England’s best known estuaries include Casco Bay, the many small bays and inlets of Massachusetts’ shore, the Great Bay in New Hampshire and, of course, Narragansett Bay in Rhode Island. Estuaries are great places for recreation and tourism. Boating, bird-watching, and fishing are some of our favorite estuary pastimes. Not only are estuaries beneficial to us for relaxing and enjoying nature, they are extremely valuable and provide other services as well. They are natural filters – storing and trapping pollutants and sediments that come off the land, preventing them from reaching the blue water. They also provide protection from coastal flooding. With all these wonderful reasons, what’s not to love about estuaries!

CLF works to protect and restore these amazing and valuable places with a network of like-minded conservation groups across the nation. Restore America’s Estuaries is a national alliance of coastal conservation organizations committed to protecting and restoring the lands and waters essential to the richness and diversity of coastal life. The challenge we all face is to make sure our estuaries and other waterways receive the care and proper management they deserve. Restoring degraded streams and rivers is a great way to provide healthy estuaries and the benefits we love and depend upon. If you love estuaries too (and we know you do), then take a minute to share the love online through the I Heart Estuaries Facebook page. Let the Congress and the Administration know of your heartfelt desire to see New England’s estuaries receive better protection and stewardship.

photo courtesy of someones.life @ flickr.com

I joined with residents of Vermont’s Northeast Kingdom today and fellow environmental colleagues to protect Vermont from the devastation of tar sands oil.

We filed a legal action to ensure Vermonters have a say over any proposal to move tar sands through Vermont. See press release here.

The request asks that the increasingly imminent proposal to move tar sands through an existing Northeast Kingdom pipeline be subject to state land use (Act 250) review. See request here.

Tar sands oil poses unique risks to the many natural treasures of the Northeast Kingdom and also imposes extreme climate change risks.

Tar sands oil is a gritty tar-like substance that produces far more emissions than conventional oil. The vastness of the tar sands reserves in Western Canada means that using tar sands oil delays efforts to move towards cleaner energy supplies, and sends us backwards on climate change.

As James Hansen, a leading climate scientist has said, the exploitation of tar sands on mass will be, “game over” for the climate.

Already there are requests to move tar sands east from Alberta to Montreal. The only realistic way to move it beyond Montreal to the deep ports it needs for transportation is through the Portland Montreal Pipeline which passes through Vermont.

There has already been one spill in this old pipeline in Vermont. A spill of tar sands oil – which is much harder to clean up – would be devastating.

Our filing requests that any plans to use the pipeline for tar sands oil be reviewed though Vermont’s land use development law – Act 250 – to protect our land, water and air resources threatened by this dirty fuel .

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.

Like many other states across the nation, and similar experiences in other New England states, Vermont had its first trial by fire with the expanded influence of “Super PACs.” In fact, one super PAC, Vermonters First, poured more than $1 million into several Vermont political races and issues. The right-leaning PAC was almost entirely funded by one person described by VT Digger as “a wealthy and somewhat reclusive Burlington woman named Lenore Broughton, who in just a few months has made herself the most influential Republican in the state.”

Vermonters First promoted a limited government message in several statewide races including the hotly contested races for state treasurer and auditor. In the race for treasurer, Vermonters First poured over $100,000 into television and radio commercials attacking Democratic incumbent Beth Pearce. Similarly, the Super PAC promoted the candidacy of Republican Vince Illuzi in the auditor’s race. Lastly, Vermonters First weighed in heavily in opposition to Democratic Mayor Miro Weinberger’s effort to pass a “Fiscal Stability Bond” to stabilize the city’s finances including restoring the city’s ability to proceed with long-delayed, major water and wastewater infrastructure upgrades.

In the end, this unprecedented influx of seemingly limitless cash didn’t carry the day. (According to The Washington Post, this is true not just in VT, but across the US.) Beth Pearce was reelected to the Treasurer’s post, Vince Illuzi was defeated for Auditor, and the Burlington bond vote was handily passed.

‘‘You can spend a lot of loot. You can buy a lot of those out-of-state ads,’’ said Gov. Peter Shumlin in this AP story, who easily won re-election on Tuesday. ‘‘But in the end, Vermonters judge you by who you are, what you stand for and whether they meet you, whether you knock on their door, whether they look you in the eye and decide whether your character and your vision is the right thing for Vermont.’’

After looking the candidates in the eye, Vermonters confirmed their commitment to a government that plays an important role in making our communities and state livable and sustainable. Vermonters don’t want a flood of money in their politics, they want further preparations against future floods – they want a safe, stable and thriving state.

After breathing a sigh of relief, Conservation Law Foundation (CLF) will be pressing our elected leaders to solve the state’s major environmental issues including cleaning up Lake Champlain, protecting our public lands, embracing a sustainable and efficient energy future, and prioritizing livable communities.

We look to our elected leaders to lead on the most pressing environmental issues of our day. Silence, like that adopted at the national level during the campaign, will not be acceptable. We cannot afford further delay on issues like climate change. Now, more than ever, is the time to lead.