Vermont H. 579: An act relating to trauma-informed care in health care settings

Bill Text

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VT LEG #385779 v.1
H.579 1
Introduced by Representative Sheldon of Middlebury 2
Referred to Committee on 3
Date: 4
Subject: Conservation and development; water quality; alum application 5
Statement of purpose of bill as introduced: This bill proposes to prohibit a 6
person from discharging alum into a water of the State without first obtaining a 7
permit from the Secretary of Natural Resources. The bill also would require 8
the Secretary to adopt by rule permit criteria for the use of alum in lakes, 9
ponds, and other waterbodies in the State. 10
An act relating to establishing criteria for the application of alum to 11
Vermont waters 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. FINDINGS 14
The General Assembly finds that: 15
(1) Some Vermont lakes and ponds have experienced persistent 16
cyanobacteria blooms in recent years that typically start in early summer and 17
last into the fall. These blooms impair recreation and may contain toxins that 18
can harm individuals, pets, and wildlife. 19

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VT LEG #385779 v.1
(2) Cyanobacteria blooms are often driven by high phosphorus 1
concentrations, and some waterbodies, including Lake Champlain, have been 2
listed by the Department of Environmental Conservation as “impaired” by 3
phosphorus. For impaired waterbodies subject to an established Total 4
Maximum Daily Load (TMDL) for phosphorus, the Agency of Natural 5
Resources (ANR) has worked with partners to reduce nonpoint sources of 6
phosphorus in the watershed. 7
(3) Despite phosphorus reduction efforts, residual or legacy phosphorus 8
may persist in a waterbody and continue to contribute to cyanobacteria blooms. 9
(4) Applying alum to a waterbody or treating the waterbody with alum can 10
limit or temporarily eliminate cyanobacteria blooms as the alum binds to 11
phosphorus and immobilizes it in the lake sediment, thereby preventing the 12
phosphorus from contributing as fuel to the cyanobacteria blooms. 13
(5) While effective in reducing blooms and lowering water turbidity, alum 14
treatment can harm aquatic invertebrates, fish, plants, and other aquatic biota. 15
Vermont has established a State water quality standard for aluminum because 16
of these harmful effects. 17
(6) The beneficial results of alum treatment are temporary if the sources of 18
phosphorus, particularly nutrient runoff from farm fields, wastewater, and 19
developed lands, are not reduced to near zero prior to the application of the 20
alum. 21

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VT LEG #385779 v.1
(7) If the discharge of phosphorus is not curbed prior to application, the 1
alum treatment will need to be repeated every few years, in a cycle that has not 2
been well studied and may continue to harm lake water quality and aquatic 3
biota. 4
Sec. 2. 10 V.S.A. § 1285 is added to read: 5
§ 1285. PERMITTING STANDARDS FOR APPLICATION OF ALUM; 6
RULEMAKING 7
(a) As used in this section: 8
(1) “Alum” means a class of hydrated double sulfate salts of aluminum 9
that includes aluminum sulfate, sodium aluminate, potassium aluminum 10
sulfate, or other aluminum compounds that are deposited in water for the 11
purpose of the aluminum particles binding to phosphorus particles to prevent 12
the phosphorus from contributing to cyanobacteria blooms. 13
(2) “Applicant” means the entity applying for the alum treatment permit. 14
(3) “Cyanobacteria” means photosynthetic bacteria that are naturally 15
found in freshwater, including Lake Champlain and other Vermont waters. 16
(4) “Cyanobacteria bloom” or “harmful algal bloom” means a dense 17
growth of cyanobacteria in freshwater or brackish water that results in 18
discolored water or scums and may produce toxins that can harm individuals, 19
animals, or the environment. 20

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VT LEG #385779 v.1
(b) No person shall discharge alum into a water of the State without first 1
obtaining a permit from the Secretary in accordance with section 1263 of this 2
title, the Vermont Water Quality Standards, and the Vermont Water Pollution 3
Control Permit Regulations. An applicant for an alum discharge permit is 4
limited to the municipality or municipalities in which the waterbody proposed 5
for treatment is located. 6
(c) On or before December 1, 2026, the Secretary shall adopt by rule permit 7
criteria for the use of alum in lakes, ponds, and other waterbodies in the State 8
for the treatment of cyanobacteria and to limit cyanobacteria blooms. The rule 9
shall require the applicant to do the following before a permit can be granted: 10
(1) demonstrate a direct injury from the loss of water quality and the 11
cyanobacteria blooms in the waterbody, such as health impacts or reduced 12
value of property adjacent to the waterbody; 13
(2) present an analysis of alternative approaches other than the use of 14
alum to reduce or eliminate the cyanobacteria blooms