Greta Jimenez
Vermont has been tackling farm pollution to clean up its waters, with a particular focus on Lake Champlain, which has been impaired by toxic farm runoff. The state's Agency of Natural Resources and its Agency of Agriculture are supposed to collaborate to uphold the Clean Water Act on farms, but they have a strained relationship, which has stalled progress. Despite this, Vermont's farmers have made progress in reducing phosphorus pollution, which is critical to clean water in the state.
| Characteristics | Values |
|---|---|
| Pollution Type | Nonpoint source pollution, including phosphorus and excess nutrients |
| Source of Pollution | Farms, specifically large dairy farms |
| Regulatory Bodies | Agency of Natural Resources, Agency of Agriculture, Food, and Markets |
| Issues | Turf war between agencies, lack of cooperation, unclear jurisdiction |
| Progress | Farmers have reduced phosphorus pollution, but progress has plateaued due to regulatory issues |
| Solution | Proposed consolidation of authority under the Agency of Natural Resources |
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What You'll Learn
Phosphorus pollution reduction
Phosphorus pollution is a significant issue in Vermont, with agricultural runoff being the leading cause of water quality impairment. Farms store phosphorus-laden manure in large pits, which can later run off into nearby lakes, streams, and rivers, causing toxic algae outbreaks that harm waterways and threaten health.
Vermont has made progress in reducing phosphorus pollution from agricultural sources. In 2016, the EPA stepped in and required the state to protect Lake Champlain from excess phosphorus, and since then, farmers have significantly reduced phosphorus pollution from their facilities and fields.
However, there is still a long way to go, and progress has stalled due to a divided regulatory system. Two state agencies, the Agency of Natural Resources and the Agency of Agriculture, Food, and Markets, are responsible for controlling water pollution from farms. However, they often refuse to cooperate and hamper each other's efforts, creating a confusing enforcement system for farmers.
To address this issue, some have proposed consolidating authority over agricultural water quality within the Agency of Natural Resources, as they are well-equipped to carry out the Clean Water Act while considering the impact on the farming community. This would create a single program for overseeing agricultural pollution, reducing tension and conflict between agencies and providing clearer guidance for farmers.
Additionally, it is important to note that stormwater runoff is a significant contributor to phosphorus pollution. This runoff is generated when rain and snowmelt flow over land and hard surfaces, carrying pollutants into nearby waterways. To reduce phosphorus pollution, it is essential to manage and treat stormwater effectively to prevent it from becoming a source of pollution.
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Turf war between agencies
Vermont's efforts to tackle farm pollution and clean up its waters have been hindered by a "turf war" between two state agencies: the Agency of Natural Resources and the Agency of Agriculture, Food, and Markets. Both agencies are responsible for monitoring and regulating farm pollution, but they have a strained relationship and often refuse to cooperate, hampering each other's efforts to enforce clean water laws.
The Agency of Natural Resources is tasked with regulating agricultural pollution from "point sources" on farms, such as pipes, ditches, equipment spraying pesticides, and manure lagoons. Meanwhile, the Agency of Agriculture, Food, and Markets is responsible for overseeing pollution from "non-point sources," such as manure-laden water running off farm fields into streams. This jurisdictional split has led to tension and conflict between the agencies, creating a confusing and challenging situation for farmers who want to comply with clean water regulations.
The Agency of Agriculture, Food, and Markets has been criticized for its slow documentation of farm investigations, with reports often taking over a year to finalize. These reports are crucial for the Agency of Natural Resources to properly enforce the Clean Water Act and ensure progress in cleaning up pollution. The lack of timely reporting leaves the Agency of Natural Resources staff guessing and unable to take effective action.
The feud between the agencies has resulted in regulatory uncertainty for farmers, wasting their time and money and making it harder to protect water quality. It has also led to Vermont's non-compliance with the Clean Water Act and stalled progress in reducing pollution from farms. In 2024, the Environmental Protection Agency (EPA) investigated the issues and concluded that Vermont was not adequately regulating industrial farms. The EPA directed the state to consolidate authority over agricultural water quality within the Agency of Natural Resources, giving them until December 5, 2024, to draft a plan.
The turf war between the Agency of Natural Resources and the Agency of Agriculture, Food, and Markets has threatened the progress made by Vermont's farmers in reducing pollution. To resolve the issue, some have suggested removing the Agency of Agriculture, Food, and Markets from the enforcement business and transferring agricultural staff responsible for inspections to the Agency of Natural Resources to create a single, more efficient program.
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Clean Water Act
In 2016, the Environmental Protection Agency (EPA) found that Lake Champlain, Vermont's great lake, was being sullied by excess phosphorus, which causes toxic algae outbreaks that harm waterways and threaten health. Phosphorus pollution, which is largely caused by agricultural runoff, is the leading cause of water quality impairment.
Under the Clean Water Act, the Vermont Agency of Natural Resources and the Agency of Agriculture, Food, and Markets are supposed to collaborate to uphold the legislation on farms. The Agency of Natural Resources has been delegated the authority to ensure that farms, waste systems, and waterways comply with the federal Clean Water Act. It regulates agricultural pollution from "point sources" on farms, such as pipes, ditches, equipment spraying pesticides, and manure lagoons. The Agency of Agriculture, Food, and Markets regulates pollution from "non-point sources," such as manure-laden water running off a farm field into a stream.
However, the two agencies have a strained relationship, which has resulted in a turf war that has derailed Vermont's compliance with the Clean Water Act. The Agency of Agriculture has been criticized for its slow documentation of farm investigations, which are meant to clarify where pollution is occurring. This has created a confusing enforcement system for farmers, who face enough challenges without feuding agencies.
In response to this, the Conservation Law Foundation, in partnership with the Vermont Natural Resources Council and the Lake Champlain Committee, has asked the EPA to intervene and consolidate authority over agricultural water quality within the Agency of Natural Resources. A new state legal framework for regulating farm runoff may help Vermont meet federal water quality requirements under the Clean Water Act.
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Exemptions for agriculture
Vermont's efforts to tackle farm pollution and clean up its waters have been challenged by exemptions for agriculture under the Clean Water Act. While the Act aims to regulate water pollution, agriculture has secured exemptions for stormwater discharge and "nonpoint source" pollution.
Stormwater runoff from farms can carry pollutants like manure and fertilizers into nearby waterways. Under the Clean Water Act, agriculture has an exemption for stormwater discharge, allowing farms to discharge stormwater unchecked. This has contributed to water pollution in Vermont, as large farms store phosphorus-laden manure in "lagoons," which can then be spread on fields as fertilizer. When not properly managed, this manure can run off into lakes, streams, and rivers, leading to water quality impairment.
Additionally, nonpoint source pollution, which arises from diffuse sources like irrigation ditches carrying fertilizer or dry streambeds channeling cow manure after storms, is also exempt from the Clean Water Act for agricultural sources. This exemption has further allowed agricultural pollution to continue unchecked.
The exemptions for agriculture have significant implications for Vermont's water quality. Agriculture, particularly the large-farm dairy industry, is a major contributor to water pollution in the state. Contamination from mega-dairies that supply major brands has resulted in toxic farm runoff, impairing lakes and streams. Lake Champlain, for instance, has been affected by excess phosphorus pollution, leading to toxic algae outbreaks that harm waterways and pose health risks.
While Vermont has made some progress in reducing phosphorus pollution from farms, the exemptions for agriculture have hindered comprehensive solutions. The state's regulatory system, with the Agency of Natural Resources and the Agency of Agriculture, Food, and Markets sharing responsibility for controlling water pollution from farms, has been criticized for its ineffectiveness due to a lack of cooperation and clear jurisdiction. This has resulted in lax enforcement, limited monitoring, and a failure to obtain required permits, ultimately impeding Vermont's ability to meet federal water quality requirements under the Clean Water Act.
To effectively address agricultural pollution and clean up its waters, Vermont needs to reconcile the exemptions for agriculture with stricter regulations and improved enforcement. Consolidating authority over agricultural water quality within a single agency and ensuring timely and transparent reporting of farm investigations could help streamline the regulatory process and hold farms accountable for their impact on water quality.
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Pollution from mega-dairies
Vermont's large-farm dairy industry has come under scrutiny for economic, ecological, and humanitarian transgressions. Mega-dairies that supply Vermont's big brands, such as Ben & Jerry's and Cabot Cheese, have long contaminated the state's waterways. These brands have made billions in profits while pushing a confinement, non-grazing dairy production model that results in toxic farm runoff, choking lakes and streams.
The state's iconic Lake Champlain is one of over 100 bodies of water in Vermont classified as "impaired," often filled with cyanobacteria and emitting a foul odour. The leading cause of water quality impairment is agricultural runoff, where phosphorus-laden manure is stored in "lagoons" and later spread on fields as fertilizer. When not properly managed, manure can run off into lakes, streams, and rivers.
Vermont's Agency of Natural Resources and its Agency of Agriculture are responsible for controlling water pollution from farms. However, the two agencies often work against each other, creating a confusing enforcement system for farmers. This has resulted in lax enforcement, limited monitoring, and farms operating without required permits. The Conservation Law Foundation, in partnership with other organizations, has asked the EPA to intervene and address Vermont's failures in regulating industrial farms.
To address pollution from mega-dairies, Vermont must acknowledge the dairy industry as the primary source of the problem and develop a plan to stop, rather than merely regulate or dilute, dairy pollution. Citizens, consumers, property owners, taxpayers, farmers, and naturalists need to pressure the state and corporations to shut off major sources of water pollution. Additionally, the Agency of Natural Resources should have sole responsibility for enforcing the Clean Water Act, as they are well-equipped to do so while considering the impact on the farming community.
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Frequently asked questions
Sources of farm pollution in Vermont include manure-laden water, phosphorus, and pesticide glyphosate.
Vermont's Agency of Natural Resources and its Agency of Agriculture, Food, and Markets are responsible for controlling water pollution from farms. However, the two agencies often refuse to cooperate, leading to a confusing enforcement system and regulatory uncertainty for farmers.
Vermont has tried to bridge the gap between opposing camps by seeking common ground to take action and restore polluted lakes. Farmers have also made progress in reducing phosphorus pollution from their properties.
