The Class of 1964 Policy Research Shop ASSESSING THE LAKE CHAMPLAIN SEWER OVERFLOW PROBLEM IN VERMONT A Methodological Design Presented to the Senate Committee on Natural Resources and Energy PRS Policy Brief 1819-03 May 24, 2019 Prepared By: Bruna Decerega Alice Zhang Jennifer Rhodes This report was written by undergraduate students at Dartmouth College under the direction of professors in the Rockefeller Center. Policy Research Shop (PRS) students produce non-partisan policy analyses and present their findings in a non-advocacy manner. The PRS is fully endowed by the Dartmouth Class of 1964 through a class gift in celebration of its 50th Anniversary given to the Center. This endowment ensures that the Policy Research Shop will continue to produce high-quality, non-partisan policy research for policymakers in New Hampshire and Vermont. The PRS was previously funded by major grants from the U.S. Department of Education, Fund for the Improvement of Post-Secondary Education (FIPSE) and from the Ford Foundation and by initial seed grants from the Surdna Foundation, the Lintilhac Foundation, and the Ford Motor Company Fund. Since its inception in 2005, PRS students have invested more than 65,000 hours to produce more than 170 policy briefs for policymakers in New Hampshire and Vermont. Contact: Nelson A. Rockefeller Center, 6082 Rockefeller Hall, Dartmouth College, Hanover, NH 03755 http://rockefeller.dartmouth.edu/shop/ • Email: [email protected] TABLE OF CONTENTS EXECUTIVE SUMMARY 1 INTRODUCTION 1 BACKGROUND 2 2.1 COMBINED SEWER SYSTEM 2 2.2 POLLUTANTS 5 PURPOSE STATEMENT 7 METHODOLOGY 8 4.1 CURRENT EFFORTS TO CLEAN VERMONT'S WATERS 8 4.2 BENEFITS AND COSTS OF TAXATION POLICIES 10 4.3 STATE-BY-STATE COMPARISONS 10 4.4 DIFFERENCES BETWEEN SEWAGE AND SEPTIC SYSTEMS 11 4.5 ANALYSIS OF CITIES FEEDING INTO LAKE CHAMPLAIN 13 CONCLUSION 15 REFERENCES 16 APPENDIX 19 EXECUTIVE SUMMARY Lake Champlain is one of the most frequently visited recreation areas by Vermont residents and visitors alike. The lake generates in millions of dollars from its tourism and fishing industries alone. However, the main wastewater treatment facilities in the state have been leaking semi-treated wastewater into the Lake, due to outdated sewage treatment systems and use of combined sewage overflows (CSOs). These systems cannot handle the heavy precipitation that Vermont has encountered in recent years. The Vermont Senate Committee of Natural Resources and Energy is interested in understanding patterns of leakage in the state and how best to generate funds to mitigate the cost burden of pollution on the environment and recreational economy. 1. INTRODUCTION Lake Champlain is the sixth largest freshwater lake in North America, extending from New York to Quebec. Fifty-six percent of the lake resides within Vermont, with Vermont residents comprising 72 percent of the United States population living in the basin. 1 The Lake Champlain Basin has a relatively wet climate, averaging 37.5 inches of precipitation a year. On average, more precipitation falls in the summer and autumn than winter and spring months, resulting in more wastewater treatment overflow in June to September. The Vermont sector of the lake has experienced over 38,000,000 gallons of sewage and stormwater released into it by wastewater treatment facilities between October 2017 and October 2018, alone. The leakage breakdown is 95 percent stormwater and five percent sewage.2 The 92 municipal wastewater treatment facilities in Vermont process more than 15 billion gallons of wastewater per year.3 Municipal wastewater, originating from a combination of domestic, commercial, and industrial activities, is conveyed to centralized wastewater treatment facilities. In the treatment facilities, the water is treated to established standards before it is discharged into the lake. Some towns in Vermont utilize combined sewers where stormwater and wastewater are merged together through the sewer system to the treatment facility. After heavy rainfall, the current municipal treatment systems, which use combined sewage overflows (CSOs), cannot handle the excess amount of water and release untreated or semi-treated water. Of the nineteen towns that still use combined sewage overflows for the sewage treatment systems, nine have had multiple major sewage spills in the past year. The last plant to be updated was the Burlington Main Plant in 1994.4 Many of these systems are severely outdated. 1 Due to climate change, Vermont will likely continue to experience an increase in rainfall in the coming years. Bacterial and nutrient pollution has escalated this year with a reported 125 major spills.5 Seven of these leakages released over one million gallons of wastewater into the lake. The negative ramifications affect both the ecological and economic health of the Lake Champlain basin. Urbanized areas contribute to the bacterial and nutrient pollution problem in Lake Champlain disproportionately more than rural areas. Sources of bacteria and excess nutrients accumulate on land between storms and move to a body of water with stormwater runoff. Water moves greater distances over paved surface of urbanized areas, thus having more opportunity to pick-up bacteria as compared to grasses, fields or forests of rural areas, where the water can seep into the ground. While many of the larger cities and towns utilize the municipal water treatment systems, approximately 55 percent of Vermont homes have decentralized wastewater systems, which is the highest of any state in the United States. Decentralized wastewater systems consist of a septic household wastewater treatment system. These are found in the rural areas of Vermont, as urbanized areas use wastewater treatment plants more than rural areas.6 2. BACKGROUND As the occurrences of sewer overflows become more frequent and reach the attention of lawmakers, the media, and the residents of Vermont, it becomes increasingly imperative to establish what exactly is being leaked into Lake Champlain when the sewage systems cannot adequately process the high levels of inflows properly. Because of this, the project will detail the different kinds of pollutants present when these overflows occur. 2.1 Combined Sewer Overflows Combined sewer overflows (CSOs) occur when combined sewer systems (CSSs) overflow. CSSs are sewer systems in which storm runoff and domestic, commercial and industrial sewage are combined into one sewer system that transport the water to a publicly-owned treatment works (POTW), or a water treatment facility.7 Overflows often occur during heavy periods of precipitation or snowmelt. Due to state regulations on combined sewer systems, overflows need to be less likely to occur under dry weather conditions.8 Points where CSSs can overflow are called combined sewer overflow outfalls (CSO outfalls).9 As of 2017, there were 63 CSO outfalls present in Vermont. Any CSO event that occurs in Vermont is required to be reported within 12 hours from its discovery.10 2 Figure 1. Typical Combined Sewer System Source: https://www3.epa.gov/npdes/pubs/csossoRTC2004_chapter02.pdf Through the Clean Water Act, the Environmental Protection Agency (EPA) regulates CSO discharges; such discharges are subject to technology-based and quality-based clarity. Its CSO Control Policy represents a comprehensive national strategy that allows municipalities to engage in a comprehensive and coordinated effort to achieve cost- effective controls that meet health and environmental objectives. The nine minimum controls set by the EPA are:11 • Characterization, monitoring, and modeling of the CSS • Public participation • Consideration of sensitive areas • Evaluation of alternatives • Cost/performance considerations • Operational plan • Maximization of treatment at the POTW treatment plant • Implementation schedule • Post-construction compliance monitoring program Vermont regulates CSOs thorough its Combined Sewer Overflow Rule, implemented by the Agency of Natural Resources and the Department of Environmental Conservation in 2016. The rule entails a two-phased process to implement CSO controls.12 During Phase I, municipalities are required to implement the technology-based minimum controls, which include a prohibition of CSOs during dry weather and maximum use of the collection system for storage without endangering public health, or property. During Phase I, municipalities are also required to comply with water quality requirements under state law. 3 If they are not in compliance, municipalities are required to submit a Long-Term Control Plan (LTCP).13 Requirements for an LTCP include drafting reports to apply for state funding, enforce a public participation process, include an analysis that evaluates costs and performance of CSO control alternatives such as flow metering system and adding storage tanks, a prioritization of CSO control projects, measures to address recurrent instances of sewage backups or raw sewage discharges onto ground surface, include a financing plan. During Phase II, municipalities will continue implementing the minimum controls, implement controls identified in its LTCP approved by the Agency of Natural Resources, and establish compliance schedules.14 Nineteen towns in Vermont still use CSOs for the sewage treatment systems. Nine of these have had multiple major sewage spills in the past year. Figure 2. Magnitude of Spills in Vermont in the Past Year LEGEND Spills in Tons 10,000 100,000 10,000,000 4 Burlington has been in many headlines this past year for their leakages of high