The state’s Environmental Court will decide whether Vermont should require farmers to adopt new water quality controls to reduce manure runoff in the Missisquoi Bay watershed.
The Conservation Law Foundation on Tuesday appealed a decision by the secretary of the Agency of Agriculture. Chuck Ross, the secretary, chose not to require that farms use best management practices to prevent manure from flowing into waterways in a decision last month. Earlier this year, CLF petitioned the state to enforce the new federal regulations.
Chris Kilian, CLF’s Vermont director, said farmers need to do their part to help clean up the lake.
“The time has come for mandatory best management practices on agricultural operations in Missisquoi watershed,” he said. “The condition of the lake is horrific. This past summer was among the worst ever. The condition of Lake Carmi, also in that basin, is beyond description: it’s terrible. And that pollution is coming from farms.”
Manure runoff from farms is the leading cause of phosphorus pollution in Lake Champlain. The Missisquoi and St. Albans bays were among the sections of the lake hardest hit by toxic summer algae blooms.
The Environmental Protection Agency is requiring the state to come up with a plan to restore the lake’s water quality. The state presented a plan in May, and the EPA is expected to issue a final ruling next spring. The plan, in part, calls for new regulations on agricultural operations to reduce nutrient runoff.
Ross, the agricultural secretary, rejected CLF’s petition because he said it conflicts with a process underway to work with the EPA to improve the lake’s water quality. On Wednesday, he said the state is still committed to this plan.
“It is clear… that the state, CLF and many other stakeholders share the same goal for Lake Champlain and the waters of the state,” Ross said in a statement Wednesday.
The state is increasing enforcement in Franklin County. The state recently fined one farmer for washing equipment in a nearby brook.
Ross says the state does not have enough financial resources to help farmers implement new best management practices.
Kilian argues that farming is a private, for-profit industry that must do its part to help clean up the pollution caused by agricultural practices.
“The Clean Water Act is very clear: best management practices are required. And they are not required with a public bailout for farmers,” he said. “There is no need for more resources. This isn’t about money.”
Many farmers support improving water quality, but they fear new regulations could be too onerous without state financial assistance. Currently, all farmers are required to follow accepted agricultural practices, or AAPs. Best Management Practices are required to address water quality problems on the farms.
CLF’s petition would require farmers to plant cover crops, prevent livestock from entering streams, plant grassed waterways and use other techniques to keep nutrients on farms. The petition would require enforcement of best practices in places identified as “critical source areas,” in which phosphorus loading in streams is greatest.
The state’s plan would require small farms to file a certificate of compliance with the AAPs, as is currently required for medium and large farms. The state’s plan would also increase the size of vegetative buffers and livestock exclusion, among other water quality efforts.
Environmental Conservation Commissioner David Mears, the governor’s point person on the cleanup, said the state agrees with much of what CLF is requesting, but has a different procedure in mind.
“It’s good news for the state of Vermont that most of us agree that these are problems that need to be addressed,” he said. “The questions start to arise when we dig deeper into what authorities and what timelines.”
The CLF also petitioned the DEC to require commercial, industrial and institutional property owners to obtain permits that would limit the amount of stormwater pollution flowing from their properties. The state has twice asked for an extension of the 90 day window to respond to the petition. Mears did not have a timeline for a decision.
