Vermont’s landmark water quality legislation that aims to curb the flow of pollution into the state’s waterways and create a road map for future water quality initiatives has cleared the Senate and House and is headed to Governor Shumlin’s desk for signing.

Gov. Peter Shumlin said he supports the bill and is looking forward to signing what he says is the most significant clean water bill in the state’s history, Vermont’s Water Quality Bill is a measure designed to counteract years of worsening pollution in Lake Champlain and other state waters.

Vermont Governor Peter Shumlin

“Cleaning them up is not only important to who we are as Vermonters, it is integral to the state’s environmental and economic health. Both the House and the Senate have now acted to do that, and I look forward to signing a strong water quality bill into law.” ~  Vermont Governor Peter Shumlin.

The Problem With Lake Champlain’s Water Quality

Phosphorus pollution from farm runoff and wastewater discharges cause toxic algae blooms (cyanobacteria) that have killed fish and caused the health department to close Lake Champlain beaches. Vermont officials say the toxins could also pose problems for drinking water supplies that draw from the lake.  In addition to Lake Champlain, dozens of other lakes and streams in Vermont are impaired, according to the state.

Despite the hundreds of millions of dollars spent to keep pollutants out of the lake, toxic algae blooms have grown, fed by phosphorus-laden runoff of rain and snowmelt from farms, roads and parking lots and discharges from municipal wastewater treatment plants. About 40 percent of the phosphorous is tied to farm runoff, and a focus of the new programs will be helping farmers reduce manure-laden runoff.

blue green algae bloom

In his inaugural address last January Shumlin warned that if Vermont didn’t deal with the problem, the federal Environmental Protection Agency (EPA) could impose a much more expensive solution on the state.

Under intense pressure from the EPA, the Legislature agreed with the Shumlin’s request for about $7.5 million worth of programs to clean up Lake Champlain and other state waters.

“It’s finally going to lead to Vermont cleaning up, over time, the blue-green algae and polluted water that has been plaguing us recently. In a state where we cherish our natural resources, where we have the most beautiful state in the country, it’s unacceptable that we’re losing the battle for clean water. And this bill is going to put us on the path to recovery.” ~ Peter Shumlin.

What are the Costs of Improving Water Quality?

While the actual costs of the cleanup are unknown. A 2013 VT Department of Environmental Conservation (VDEC) report found it would cost $156 million per year for 10 years to restore Vermont’s water quality to state standards. A Vermont Agency of Natural Resources (VANR) report issued in 2015 from the Vermont Agency of Natural Resources (VANR) stated it would cost from $66 million to $172 million to upgrade wastewater treatment plants in order to meet the phosphorus reductions proposed under the state’s Lake Champlain cleanup plan.

The $7.5 million water quality bill, H.35, is partially funded by a 0.2% surcharge on the state’s property transfer tax, which is paid by the purchaser when buying a property. This property transfer tax is set to sunset in 2018, at which time lawmakers expect to replace it with another funding option. Many lawmakers had wanted to develop a tax policy that was based on the amount of pollution created by certain properties.

The Water Quality bill calls for $2.6 million to be spent next year in support of 8 new positions at the Agency of Agriculture and 13 positions at the Department of Environmental Conservation. These agencies will use the money for outreach, education and enforcement of water quality regulations.

Details of the Water Quality Bill

The bill includes fees on pollution permits, medium and large farm registrations, and the sale of non-agricultural fertilizer and pesticides. In addition to providing money for cleanup projects and technical support for people who need it, the legislation also carries an enforcement mechanism for people who refuse to comply with the law.

There are five major initiatives to the Water Quality Bill:

In the future, the bill will expand Vermont’s authority regulating stormwater runoff from farms, roads and cities, as well as, direct pollution from wastewater treatment plants. Over the next year, the Shumlin administration will draft rules to implement new water quality programs. The administration said it needs time to develop new regulations, including pollution control measures for farms.

“We will have to revisit it. Something as large and as complex as this bill, we’re going to have to take a look at it next year, and the year after and the year after that to make sure that it’s operating and fine tune it so that it’s operating properly, but it’s a big step in the right direction.” ~ Rep. David Deen, chairman of the House Committee on Fish, Wildlife and Water Resources, the original sponsor of the bill

Vermont now must wait for a decision from the EPA as to whether or not the plan to improve Lake Champlain water quality filed last year will be approved. The EPA will consider whether the state has the authority and the money to implement that plan when making its decision.

The agency plans to release a draft Total Maximum Daily Load, or TMDL, for public comment by mid-July. The EPA’s models demonstrate that Vermont’s current plan will not achieve the required phosphorus reductions.

New York, whose Lake Champlain coast is less developed and has less farmland, and Quebec, which includes a small section of the northern part of the lake, also have worked to reduce pollution enters the lake and its tributaries.

More Articles About Lake Champlain and Blue Green  Algae:

• Lake Erie Toxic Algae Breaks Records in 2015
• Farmers: Lake pollution is not just us
• Farmers, environmentalists sound off on Missisquoi Bay settlement
• DEC Approves Plan to Protect Northern Lake Champlain Tributaries
• LCC Week 15 blue-green algae report