The Conservation Law Foundation is petitioning the Vermont Agency of Agriculture to require mandatory pollution control practices for farm runoff into one of Lake Champlain’s most problematic bays.
The Mississquoi Bay in the northeast quadrant of Lake Champlain has been plagued with algae blooms and fish die-offs caused by an overload of phosphorus runoff into the lake. The Vermont Department of Health has targeted the bay for more health warnings than any other area of the lake. Studies indicate that agriculture is the leading cause of pollution in the Mississquoi Bay.
Yet so-called “Best Management Practices” to reduce pollution outflow to the lake have been voluntary. The Conservation Law Foundation presented the Agency of Agriculture Thursday with a formal petition to require mandatory pollution control measures. CLF Senior Attorney Anthony Iarrapino calls the bay ground zero for Lake Champlain’s phosphorus pollution problems. “We know that pollution from agriculture is the biggest source of phosphorus plaguing the bay. We have scientific studies to back it up and we know which agricultural operations are what are called critical source areas of phosphorus discharge. We also know what kind of pollution control measures can control those discharges at critical source areas. Historically in Vermont we’ve relied on the good will of farmers who’ve voluntarily participated in incentive programs run by different government agencies. The petition we filed under Vermont state law says it’s not enough to just rely on the voluntary actors. That’s why we’ve petitioned for mandatory best management practice requirements.”
Lake Champlain International Executive Director James Ehlers says mandatory management practices are long overdue and critical to protecting the public’s interest in the lake’s waters. “The state of the lake is declining. And it’s declining because the state and federal governments have not lived up to their legal obligations. They’ve been attempting to measure success by dollars spent. Those of us who are in the arena of water policy, we would like to see success measured by improving water quality.”
Lake Champlain Committee Staff Scientist Mike Winslow says if the petition is accepted and practices implemented, the state would end up with more reduction per dollar spent than with current voluntary practices. “We have made significant strides with voluntary measures, but there are always recalcitrant farmers. They are the ones that are least likely to adapt and for them we do need mandatory measures. Mississquoi Bay is the part of the lake that needs the greatest attention. It’s a worthwhile approach to focus it on that bay where we just haven’t seen any progress. The amount of pollution in the bay is about twice what we allow in an average year. Now some of that’s from what’s coming into the bay, of course, and some it’s from what’s already there. Certainly the loads into Mississquoi Bay are higher and farther above the standards than in any other part of the lake.”
CLF’s Anthony Iarrapino hopes the Secretary of Agriculture will assess the petition and agree it is time to move beyond voluntary measures. “EPA has said as much in its recent correspondence with the state involving the overall cleanup of Lake Champlain. And Secretary Ross has recognized that there’s a need for greater action around agricultural pollution. The difference here is that if the state’s response falls short of what the law requires to actually get the water cleaned up, we have the option to ask the Vermont Environmental Court to intervene.”
Among the management practices the petition says should be required are cover cropping, vegetated filter strips or buffers, conservation tillage and livestock exclusion from waterways.
