For over three decades scientists have reported that Lake Champlain is rapidly moving toward a pollution crisis. In recent years over 80 million dollars have been spent to try and reverse the decline. To no avail. The Lake continues to be bombarded by pollution containing phosphorus from stormwater, agricultural runoff, old wastewater treatment plants and old-fashioned waste disposal practices. Phosphorus, the contaminant controlling the growth of nuisance algae and aquatic plants, is on the rise in most Lake segments.

In 2001, CLF established the Lake Champlain Lakekeeper Program to protect the lake through a combination of public advocacy, legal action and old-fashioned detective work. The Lakekeeper involves concerned citizens in restoring and protecting Lake Champlain.

What the Lake Champlain Lakekeeper Does:

• Confronts and advises state environmental agencies when the Clean Water Act and associated environmental laws are not being applied or enforced.
• Advocates for the improvement of Lake health using scientific, management and socio-economic leadership tools.
• Works to help citizens express their concerns about the Lake’s condition in meaningful ways.
• Investigates and responds to citizens complaints about Lake pollution and assists with considering responses and/or solutions.
• Attempts to prompt environmental regulatory authorities to implement meaningful programs focused on Lake rehabilitation and pollution enforcement.
• Attempts to pass legislative bills that focus on an expedited Lake cleanup and productive Lake related programs.

Thanks to the Lake Champlain Lakekeeper:

• CLF won two precedent-setting lawsuits: 1) halting construction of a South Burlington Lowe's Home Center that was polluting already-degraded Potash Brook, a tributary to Lake Champlain, and 2) requiring all stormwater dischargers in key counties surrounding lake Champlain to obtain permits and clean up discharges.
• A sewage treatment plant in South Burlington, VT is subject to more stringent controls on phosphorus discharges into Lake Champlain.
• The Plattsburgh, NY Wastewater Treatment Plant has a discharge permit with more stringent controls on deoxygenating wastes and suspended solids, putting it into compliance with the Clean Water Act.
• The Vermont Agency of Natural Resources cut the amount of toxic copper and zinc it will allow IBM - the single largest discharger of toxic water pollution in Vermont - to discharge by almost 4,000 pounds per year. The state also required IBM to limit the amount of cyanide in wastewater piped into the Winooski River and to double monitoring for toxic pollutants in wastewater.

Contact:

Christopher Kilian
VP & Vermont Advocacy Center Director

Background:

At 435 square miles, Lake Champlain is the 6th largest lake in the United States. Bordering Vermont, New York and Quebec, it serves as a centerpiece and has a major impact on the quality of life of the region. But Lake Champlain suffers from extensive phosphorus pollution, creating excessive and sometimes toxic algae growth. It also suffers from high levels of bacteria and other pollutants. These pollutants have led to beach closings and pet deaths. But this is no surprise: the extent of the Lake's pollution has been well documented since 1972.

For three decades, scientists have warned that Lake Champlain has been heading toward a pollution crisis. In fact, state and federal officials have done a great job monitoring the long, slow death of the Lake. Pollution sources documented in the early 1970s such as strip malls, sprawling housing subdivisions and dairy farms, not only continue to exist, they now pollute even more. While limited initial action has been taken to reduce sewage plant and industrial pollution, state and federal regulators have failed to control contaminated runoff of rain and snowmelt, which is accountable for a whopping 70 percent of the Lake's phosphorus pollution. Despite a clear understanding of the Lake's pollution crisis, responsible environmental officials are not fulfilling all of their responsibilities under the Clean Water Act and Vermont water quality laws. In particular, enforcement of the laws protecting Lake Champlain's water quality is completely inadequate.

CLF is concerned about Lake Champlain's pollution problems. High bacteria levels routinely cause beach closings. People are warned not to let their kids and pets swim because beloved dogs have died from drinking lake water laden with toxic algae. And, we are told to eat few if any of the fish due to contamination from mercury and PCBs. CLF is providing a voice for the concerns shared by thousands of Vermont, New York and Quebec residents and we are taking action to stop the pollution of Lake Champlain.

CLF will end the pollution stalemate by enforcing long-ignored requirements of state and federal clean water laws and by advancing solutions that will restore Lake Champlain’s water quality.

Pollution:

Lake Champlain is overloaded with phosphorus. As a result, virtually all of the Lake fails to meet water quality standards. Unfortunately, phosphorus pollution is increasing in many parts of the Lake. While state officials and others have done a great job of documenting the Lake's decline, policy makers have not taken the actions needed to reverse this decline.

Phosphorus: Algae Blooms and Beach Closings
Phosphorus is a nutrient and an excellent fertilizer. Use it in your garden and your plants will thrive. Dump it in excessive amounts into a lake or river, and it causes dangerous over-fertilization. Most of Lake Champlain has been in an increasing state of over-fertilization for three decades. The result is abundant algae and underwater weed growth.

The cloudy or green water and foul smell of algae blooms, are easy to recognize and have become so common in Lake Champlain that they almost seem natural. A more difficult symptom to recognize is oxygen depletion in the Lake, which can hurt native fish species.

Algae blooms change the Lake’s habitat in the water and on the shore. Underwater and coastal weeds become taller and more prevalent, hurting swimming and fishing, and disturbing scenic vistas. In hot, dry weather, blue-green algae can become toxic - contributing to frequent and in some cases permanent beach closings. A health advisory was issued on August 3, 2001, warning Vermonters to keep children and pets out of the Lake. During the summer of 1999, three dogs that entered the water died from exposure to toxic blue-green algae. The Vermont Health Department continues to post advisories that often report the risks of toxic blue-green algae in Missisquoi Bay and St. Alban's Bay.

Lake Champlain's beaches are closed with increasing regularity to protect human and animal health. Two, in fact, have closed permanently: Blanchard Beach in Burlington, VT and Essex Beach in NY. Both permanent and temporary beach closings are caused by water-related pathogens and deadly toxic algae blooms. Pathogens include giardia, swimmer's itch and cryptosporidium. All three are present in human and animal fecal matter, which enter the Lake through sources outlined below.

A closed beach not only can ruin an afternoon, it can have a disastrous effect on housing values and chase away tourist dollars. Who wants to buy a house near a beach they can never swim in? Who is going to come back to a lakefront hotel whose main attraction could make them sick?

Sources of Phosphorus
There are three primary sources of phosphorus pollution in the Lake Champlain watershed: stormwater runoff, treated and untreated wastewater and agricultural runoff.

Stormwater Runoff
Acre-for-acre, urban development is the primary contributor of phosphorus into the Lake. Rain water and snow melt washes over parking lots, roads, strip malls, big box stores, rooftops and lawns, and flows directly into the Lake and its tributaries. This polluted stormwater runoff is the biggest contributor of phosphorus to the widest, central part of the Lake – 44 metric tons per year pour into this part of Lake Champlain. Shelburne Bay, a very important section of the Lake, is near Vermont’s largest population centers. It receives almost 10 metric tons, over 80 percent of the total, from stormwater flowing from South Burlington, Burlington, Williston and Shelburne.

Streams throughout the greater Burlington area such as Muddy Brook, Bartlett’s Brook, Potash Brook, Englesby Brook and Allen Brook have been documented by the Agency of Natural Resources and EPA to be in violation of water quality standards, due to the effects of stormwater runoff from urban development. In fact, Englesby Brook drains into the Lake near Blanchard Beach, which is permanently closed due to pollution. As more and more development takes place without sufficient stormwater controls, this grave situation will only get worse.

To halt this dangerous trend, CLF challenged the permitting of a massive Lowe's Home Center in South Burlington, arguing that the development would pollute waters already in violation of water quality standards. And we will continue to press the state to institute and enforce the standards necessary to restore the water quality throughout the basin.

Wastewater and Sewage Discharges
Industrial facilities and municipal sewage treatment plants contribute substantial pollution to Lake Champlain. The state needs to set more stringent standards for phosphorus discharges from these plants. And despite existing controls, systems sometimes fail and standards are often violated. This situation contributes to the Lake's phosphorus pollution, as well as introducing pathogens, bacteria and toxins.

The EPA recently approved the phosphorus Total Maximum Daily Load (TMDL) for Lake Champlain. Included in this TMDL is a Wasteload Allocation for the sewage treatment plant discharges in the basin. Despite the Lake's well-documented water quality problems, in almost every case the Vermont plant will be able to increase the amount of phosphorus they currently discharge over the amount discharged in 2001. CLF will pressure the state to reverse this irresponsible policy.

Agricultural Runoff
Vermont's dairy farms are a major source of Lake Champlain's phosphorus pollution. Only a fraction of the massive amounts of cow manure produced on farms is needed as fertilizer. The rest is spread on fields in solid or liquid form with little regard for its effect on water quality. Untreated agricultural waste seeps into groundwater and is washed into streams, both of which make their way to Lake Champlain. To date, the State Agriculture Agency has not significantly reduced this source of phosphorus pollution and the beneficial effects of the clean up projects they have assisted are difficult to quantify. CLF is working to create a level playing field by pushing for enforcement of clean water laws to address large-scale factory farms and assist less intensive smaller family farms in preventing harmful pollution.

Economics:

We know about the pollution, and we know where it comes from. We also know that clean up efforts to date have been largely ineffective. Why? Fingers often point to cost: cost of prevention; cost of clean up; cost of enforcement. Towns and cities fear that by enforcing the laws, they will lose development-related jobs and taxes.

But the costs of a polluted Lake Champlain are enormous. Existing jobs, property values and recreation dollars hinge on a healthy Lake. And can a price be put on clean drinking water, safe bathing areas for people and pets, and non-toxic fish? We believe that the benefits of a clean Lake far outstrip the costs involved.

A Healthy Ecology and Economy

The continued pollution of the lake will inevitably have a negative impact on the region's economy. One study has estimated the frequent algae blooms in St. Alban's Bay have lowered property values by 20 percent. We cannot afford to let the pollution continue.

Lake Champlain related activities generate approximately 1.5 billion dollars per year for Vermont. The cost of cleaning up the lake and keeping it clean is much less than one year of Lake generated revenue. So what are we waiting for?

CLF believes firmly that the Lake Champlain Basin can have both a vibrant economy and a healthy lake. It will not be easy. Polluters must be held accountable to the government and policy makers in government must listen to the people and aggressively pursue the restoration of Lake Champlain.

Agricultural Water Pollution:

In a new report detailing the state's failure to control industrial farm pollution, the Conservation Law Foundation (CLF) has called for the immediate implementation of federal pollution discharge permits for water pollution from Vermont’s industrial farms.

The federal Clean Water Act requires pollution permits for discharges from industrial farms known as concentrated animal feeding operations (CAFOs), but in a report entitled “Failing our Waters, Failing our Farms,” CLF details how Vermont’s Agency of Natural Resources (ANR) has chosen to ignore that direction from Congress, a mandate from the Vermont Legislature and requests from the Environmental Protection Agency (EPA) to launch the permitting program. The report also analyzes extensive public records from state agencies documenting illegal discharges of agricultural waste from factory farms and details the necessity for adequate pollution controls.

Contacts:

Anthony Iarrapino
Staff Attorney, Vermont

Lowe's Home Center - Burlington

Report a Pollution Problem:

You can help the Lakekeeper protect and restore Lake Champlain by reporting water pollution problems.

Whenever you see a water pollution problem you should report it.

What type of problem should I report? Fish kills, excessive algae growth, discoloration in the water, strangely colored or strangely smelling effluent coming out of a pipe, or illegal dump sites are all examples of pollution problems that should be reported.

Contact the Lake Champlain Lakekeeper at 802/223-5992 or...

New York Department of Environmental Conservation Division of Law Enforcement or report pollution problems in New York by calling 1-800-TIPP-DEC (1-800-847-7332).

Vermont Agency of Natural Resources Enforcement Division or report pollution problems in Vermont by calling 1-802-241-3820. You can also mail in a pollution reporting form and fax it to 802 241-3290 or mail it to Vermont Agency of Natural Resources Enforcement Division, 103 South Main St, Building 2 South, Waterbury, VT 05671-0410.

When reporting the incident you should try and assemble as much information as possible. By the time an investigator arrives on the scene to look into the problem it may have ceased. Before reporting try to:

1. Get a picture.
2. Get a water quality sample in a clean bottle.
3. Make a careful note of the location of the problem or the address, the exact time, and (if you can observe the incident for a period of time) the duration of the pollution event.
4. Get the names and phone numbers of other witnesses that are around.

Press:

• 06/03/08 - EPA criticizes Vt. on Champlian pollution
• 04/30/08 - Senate votes to roll back lake cleanup law passed last year
• 03/01/08 - House votes to ease wastewater rules
• 02/29/08 - House repeals lake pollution bill
• 02/27/08 - Commercial composting? It's a hot topic for lawmakers to figure out
• 02/20/08 - Towns say lake clean up too costly
• 01/20/08 - Crombie pushes repeal of new law
• 01/19/08 - Audit gives lake cleanup mixed reviews
• 01/18/08 - Administration says its lake cleanup plan, but environmentalists are critical
• 09/10/07 - Douglas changes cleanup plan for Lake Champlain
• 04/06/06 - Senate eyes bill requiring sewer-line inspections in Vt.

Advocacy Documents:

• 7/16/09 - Lake Champlain TMDL Complaint
• 6/30/08 -CLF Report: Failing Our Waters, Failing Our Farms
• 6/30/08 - Concentrated Animal Feeding Operations Letter to EPA
• 6/30/08 - Failing our Waters, Failing our Farms FACT SHEET
• 2/1/07 - Varney CAFO letter
• 12/13/07 - CLF letter to EPA Regional Administrator
• 1/06/06 - CLF Potash Brook TMDL Comments (PDF)
• 8/14/08 - CLF Petition (PDF)
• 8/14/08 - CLF Summary of Clean Water Petition to EPA (PDF)
• 8/14/08 - Coalition letter to Administrator Varney
• 10/21/05 - CLF Comments on Proposed Accepted Agricultural Practices Rule (PDF)
• 3/1/02 - Policies to Support VT agriculture