The Vermont Agency of Natural Resources and Rutland have finally agreed to disagree over why a small waterway that snakes through the city hasn’t been able support brook trout for more than 20 years. At stake is the destruction of a popular local pond, $20 million in potential stormwater cleanup costs and the potential re-establishment of native trout in Moon Brook.
The state says Moon Brook is so polluted from stormwater runoff from parking areas and streets in Rutland that the microinvertebrates the fish rely on as a major food source can’t survive. The city of Rutland says the problem is not pollution, but artificially warm temperatures. Officials say Combination Pond warms up the water that flows into Moon Brook and harms the ecosystem.
In 2004, state scientists who studied the waterway said Moon Brook failed to meet water quality standards because of runoff from roads, parking lots and buildings. The city appealed to the Vermont Environmental Court.
The fight reached a fever pitch last December when the agency designated Moon Brook as a “stormwater impaired” waterway under the Clean Water Act. Shortly after the state determined that Rutland would be responsible for cleaning up stormwater pollution, the city sued, again. (Five communities in Chittenden County are home to designated “MS4” waterways and consequently must invest in expensive stormwater cleanup projects to ameliorate pollution flowing into Lake Champlain under Environmental Protection Act requirements.)
In a settlement that was reached last week — the latest iteration of a nine-year battle over Moon Brook — the agency and city officials will hire an independent scientist who will be charged with figuring out why the waterway can’t support brook trout. While the review takes place, the city will not be required to comply with the Clean Water Act designation regulations, according to a statement from Rutland officials.
Both sides say the independent analysis and changes to the brook ecosystem, which will take at least three years to complete, is major progress. The expert will be selected and paid for jointly by the two parties.
Rutland Mayor Chris Louras is pleased with the settlement. “This agreement establishes a process by which ANR and the City can present their evidence to an independent third party expert, who will review the facts and issue a report,” Louras said in a statement. “While neither side will be bound by the conclusions of the independent expert, ANR’s willingness to reconsider their 2004 determination represents significant progress from the city’s perspective.” Read more…..
.