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TMCNet: EPA warned of lawsuit over runoff pollution

[November 25, 2009]

EPA warned of lawsuit over runoff pollution

Nov 25, 2009 (Milwaukee Journal Sentinel - McClatchy-Tribune Information Services via COMTEX) -- The threat of a potential lawsuit could set the stage for new regulations of a pair of pollutants responsible for algae blooms and poor drinking water.


Lawyers for several environmental groups notified the U.S. Environmental Protection Agency on Monday of its intent to file suit against the agency for failing to protect state water from two forms of nutrient pollution -- phosphorus and nitrogen.

Pollution sources include farm fields, manure, lawns and municipal wastewater treatment plants.

Two law firms, the Chicago-based Environmental Law & Policy Center and Madison-based Midwest Environmental Advocates, filed the notice with the EPA. The agency said in 1999 that it would start to regulate the pollutants.

Environmentalists are working on similar cases across the country, but Wisconsin appears to be an early initiative. In Florida this summer, the EPA agreed to set limits for farm and urban runoff that was polluting the state's waterways.

Nitrogen and phosphorus have been responsible for contaminating some lakes and streams and drinking water. They also contribute to the growth of potentially toxic blue-green algae, also known cyanobacteria.

Nutrients affect water quality in Wisconsin, the Great Lakes and the Mississippi River. Pollutants from the Midwest also are believed to contribute to the sprawling "dead zone" in the Gulf of Mexico.

Albert Ettinger of the Environmental Law & Policy Center said Wisconsin was selected because the state Department of Natural Resources has developed a good database on phosphorus loadings in the state.

"The science is farther ahead in Wisconsin," Ettinger said.

Todd Ambs, water administrator for the DNR, said Wisconsin is working on regulations for phosphorus. He expected regulations setting the amount of allowable phosphorus in water bodies to come before the Natural Resources Board for public hearing early next year.

If lakes or river exceed that limit, then steps would have to be taken to limit new sources of pollution, Ambs said.

To see more of the Milwaukee Journal Sentinel, or to subscribe to the newspaper, go to http://www.jsonline.com. Copyright (c) 2009, Milwaukee Journal Sentinel Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

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