STORMWATER RULING CHALLENGED
GBIC Files Motion To Stay Water Resources Board Decision
MONTPELIER - The Greater Burlington Industrial Corporation (GBIC), along
with co-appellants Pomerleau Properties and Martin's Foods of South
Burlington, has filed a motion to stay the October 14th NPDES decision of
the Water Resources Board (WRB). The motion is an effort to protect
property owners in impaired watersheds from lawsuits in federal court
while the appeal of the Board's decision is pending before the state
Supreme Court.
A stay of the decision pending the outcome of the appeal will allow the
Agency of Natural Resources (ANR) to renew its efforts to implement Act
140, the stormwater solution enacted almost unanimously by the legislature
last year. Act 140 was the product of months of work by the legislature
and a large group of collaborators that included representatives from
GBIC, the Lake Champlain Chamber, the Vermont Natural Resources Council
and other organizations committed to creating Vermont's answer to the
stormwater pollution problem.
The plan that emerged from the legislature would have resulted in
immediate and measurable progress in impaired watersheds, while demanding
that ANR jumpstart its efforts to develop long term plans to bring the
watersheds back into compliance with Vermont standards. Among other
provisions, it included a unique link between construction projects and
cleanup efforts, requiring the financing or construction of cleanup in
conjunction with development to offset the runoff caused by a particular
project. Unfortunately, a petition by the Conservation Law Foundation
(CLF) and the WRB's subsequent decision brought such compromises and
collaborative efforts to a halt.
"Vermonters need to know that the Water Resources Board's ruling doesn't
just affect developers. It has far-reaching consequences that will be
felt by everyone from homeowners and farmers to municipalities, schools
and ski areas," said Frank Cioffi, GBIC President. "By filing a motion to
stay the ruling, GBIC is seeking the right to move forward with efforts to
repair the watersheds of northwestern Vermont."
The WRB decision eliminates the vast majority of offset projects that
would have been available to those seeking interim permits under Act 140
by requiring federal permits for existing developments, parking lots,
rooftops, basketball courts and driveways, which had never before been
subject to such regulation. Under Act 140, projects like this would have
reduced the impact of runoff in impaired brooks because of their inherent
offset requirements.
The WRB's arbitrary extension of the Clean Water Act exceeds anything
contemplated by the federal government. It has thrown individuals,
businesses, organizations and municipalities into regulatory chaos,
putting them in violation of federal law and at the mercy of "drive-by
plaintiffs" and organizations like the Conservation Law Foundation. GBIC's
motion to stay will provide property owners with some assurance that CLF's
threatened federal lawsuits will not commence until the state Supreme
Court has had the opportunity to address the substantial issues raised by
the WRB decision. It also frees ANR to move forward with cleaning up
impaired waterways by implementing Act 140 and the offset program while
the appeal is pending.
Burlington groups challenge stormwater decision
Submitted by tim
on