Sewage overflows, legacy phosphorus, and economic consequences

This article was originally published in FYIVT and we republished here with permission

By Dave Soulia

Vermont has long prided itself on its environmental consciousness, championing initiatives like 100% renewable electricity sourcing for Burlington, its largest municipality. Yet, this eco-friendly image contrasts sharply with the significant water pollution issues affecting Lake Champlain and other waterways across the state. The problem isn’t solely due to current agricultural practices, as often claimed—it’s also rooted in the federal government’s historical phosphorus policies and the persistent failures of Vermont’s municipal infrastructure.

Burlington, known for its progressive environmental values, has ironically contributed millions of gallons of partially treated or untreated sewage to Lake Champlain due to aging wastewater systems. These events, along with Vermont’s broader struggles with phosphorus contamination, raise the question of whether the state’s regulatory and economic policies are counterproductive in solving the very problems they claim to address. A more business-friendly environment, coupled with targeted action against the federal government’s role in creating these issues, may hold the key to a more sustainable future.

Sewage Overflows: An Environmental Blindspot

Vermont’s municipalities, particularly Burlington, have faced ongoing sewage overflow issues. In 2018, a single equipment malfunction caused 3 million gallons of partially disinfected wastewater to be discharged into Lake Champlain​. More recently, in the devastating floods of July 2023, a broken sewer main under the Winooski River dumped an estimated 3 million gallons of raw sewage into the lake​(Lake Champlain Committee). These are not isolated incidents but part of a broader problem. The state’s aging wastewater infrastructure struggles to cope with stormwater surges and growing urban demands.

These overflows are just as damaging to Lake Champlain’s water quality as the phosphorus runoff from farms. Yet, while agriculture, particularly dairy farming, is frequently the target of stricter regulations, the contribution of municipal wastewater systems to the pollution problem often receives less scrutiny. Burlington, Vermont’s wealthiest and most progressive city, provides a prime example of the disconnect between environmental aspirations and real-world challenges.

The Role of Legacy Phosphorus

While municipal sewage overflows are a significant issue, phosphorus contamination in Vermont’s waters also stems from legacy pollution—a fact that often gets overlooked in favor of blaming current farming practices. In the mid-20th century, federal programs distributed massive amounts of surplus phosphorus to farmers across the U.S., including Vermont, as part of a national push to increase agricultural productivity​(University of Vermont)​(Vermont Business Magazine). This surplus phosphorus accumulated in soils, where it remains to this day, leaching into waterways over time and fueling harmful algal blooms.

A study found that Vermont’s agricultural soils accumulated between 1,000 and 4,500 tons of phosphorus annually for nearly 90 years, creating a massive legacy stock of over 240,000 tons​(Vermont Business Magazine). Despite modern reductions in phosphorus use, the buildup from decades past continues to be a major contributor to water pollution in Lake Champlain and other Vermont waterways. This legacy phosphorus, largely the result of federal policies, makes it nearly impossible for current phosphorus reduction efforts to yield the desired improvements in water quality.

Farmers Bear the Regulatory Burden

Vermont’s response to water pollution, shaped by EPA mandates like the Total Maximum Daily Load (TMDL) for Lake Champlain, has focused heavily on agricultural runoff. The state passed the Clean Water Act (Act 64) in 2015, which imposes stringent requirements on farmers, municipalities, and landowners to reduce phosphorus and other nutrient runoff. While well-intentioned, these regulations have placed a disproportionate burden on Vermont’s struggling dairy farmers, many of whom are already dealing with the economic pressures of declining milk prices and industry consolidation​(Seven Days)​(Vermont Business Magazine).

The irony here is clear: while farmers face mounting costs and restrictions, municipalities like Burlington continue to release millions of gallons of untreated wastewater into the state’s waters with relatively less public outcry or regulatory action. Vermont’s dairy sector has shrunk dramatically, with a 94.5% decrease in the number of farms, from around 11,000 in the 1950s to fewer than 600 today. As dairy farms decline, so too does the justification for blaming them as the primary source of the phosphorus problem, especially when the state continues to grapple with legacy phosphorus and municipal overflows. While peak phosphorus levels have decreased by 66.4% since the 1950s, the phosphorus that accumulated in the soil during that time—known as legacy phosphorus—continues to leach into waterways, fueling water pollution issues. This ongoing release of historical phosphorus contributes to pollution today, even though current farming practices are more environmentally friendly and have reduced phosphorus use.

Economic Growth: The Key to Solving the Problem?

Vermont’s regulatory environment, particularly with regard to land use and development, has been a significant barrier to economic growth. Act 250, for instance, imposes stringent requirements on development projects, which has stifled business expansion and discouraged investment​(University of Vermont). This restrictive approach has left Vermont with a limited tax base, making it harder to fund the infrastructure upgrades that could prevent sewage overflows and improve water quality.

If Vermont were to adopt a more business-friendly regulatory framework, it could stimulate economic growth and, in turn, expand the state’s tax base. A larger tax base would enable municipalities to invest in critical infrastructure improvements, such as upgrading wastewater treatment plants to prevent the very overflows that contribute to water pollution. As Burlington’s recent incidents have shown, the failure to invest in infrastructure can have costly environmental consequences​(Lake Champlain Committee).

Moreover, a thriving business sector would not only help fund these improvements but also reduce Vermont’s reliance on state and federal subsidies to prop up industries like dairy farming. This, in turn, could alleviate some of the financial pressures that lead to overregulation of agriculture as the default solution to water pollution problems.

A Case for Federal Accountability

While Vermont has taken steps to address its phosphorus pollution problem, a key element remains missing: accountability for the federal government’s role in creating the legacy phosphorus issue. The surplus phosphorus distributed to farmers in the 1940s and 1950s was a direct result of federal policies aimed at boosting agricultural production​(Vermont Business Magazine). Today, Vermont is left to clean up a mess it didn’t fully create.

The Vermont Attorney General’s office could explore legal avenues to hold the federal government accountable for the long-term environmental consequences of its past policies. By pushing back against the EPA and federal agencies, Vermont could seek federal assistance in addressing the legacy phosphorus issue, rather than placing the entire burden on the state’s residents and businesses.

Conclusion

Vermont’s water pollution crisis is complex, but the solution lies in a more balanced approach. While stricter regulations on agriculture have been necessary, they should not come at the expense of ignoring municipal contributions to the problem or the legacy of federal phosphorus policies. By fostering a more business-friendly environment, Vermont could expand its tax base, enabling the state to invest in the infrastructure improvements needed to address both sewage overflows and phosphorus runoff. At the same time, Vermont should hold the federal government accountable for its role in creating the legacy phosphorus problem. Only through a combination of economic growth and federal accountability can Vermont achieve its water quality goals without unfairly burdening its residents and farmers.