Update on Caspian Lake Classification Change

In the summer of 2021, JoAnn Hanowski, co-chair of the Greensboro Association’s Lakes and Environmental Stewardship Committee, authored a Caspian Lake petition to the Department of Environmental Conservation to reclassify the lake and watershed to A1 from its current classification of B1. Caspian Lake qualifies as an A1 lake based on its current relatively low phosphorus level. As an A1 lake, if Caspian faced an increase in phosphorus or other environmental issues, it would automatically qualify for dollars to implement projects to improve water quality and protect our lake. JoAnn and her team collected nearly 500 signatures for the petition, and it was submitted in December 2021. It was determined to be administratively complete and underwent technical and legal review.

A public hearing on the petition was scheduled but has since been canceled due to an antiquated 1986 prohibition on new septic systems with a design flow greater than 1000 gallons/day. When this prohibition was enacted, it was assumed that forbidding new septics of that size would prevent the construction of inns or very large houses. However, today’s new single wastewater system technologies can replace and out-perform multiple old systems, yielding net positive impacts on water quality, thus making the 1986 prohibition a barrier to cleaner waters. In addition, anti-degradation rules currently being developed will better address concerns over development than the one-size-fits-all septic size prohibition. Nevertheless, the House Environment & Energy Committee is uncomfortable removing the 1986 prohibition due to development concerns; the Governor has put all lake re-classification petitions on hold until a replacement bill can be passed. Katherine Sims has submitted a bill (H84), which addresses this issue, has the full support of the DEC, requires no additional funding, and was passed by the Senate in 2023.

What can we do? Caspian Lake needs you to write a letter to all members of the House Environment & Energy Committee (listed below) asking them to take up S.146 (this is similar to H.84 per Katherine Sims) since they have passed this in the Senate. The bill needs to pass in the House this session (end of May) or will have to go through both the Senate and House again next year.

Here is an example letter:

Dear—

I am writing to encourage you to quickly pass S. 146 this legislative session.

The Greensboro community worked incredibly hard in 2021 to gather signatures for a petition to re-classify Caspian Lake to A1. We received a public hearing date but have now learned that the petition is on hold due to concerns over a 1986 septic regulation.

We are confident that new wastewater system technologies, developed since 1986, will give full protection of the water quality in the Caspian Lake watershed when approved under the antidegradation rules. We are also comfortable with our current zoning by-laws, lakeshore protection rules and anti-degradation laws to make informed decisions that will protect our A1 waters from excessive development.

Passing S 146 this session will allow the re-classification process for Caspian Lake to be successful, and will further protect our lake.

Sincerely,

HOUSE COMMITTEE ON ENVIRONMENT & ENERGY

2023-2024

Chair: Rep. Amy Sheldon, Middlebury

[email protected]

Phone (802) 828-2228

Vice-Chair: Rep. Laura Sibilia, Dover

[email protected]

Phone (802) 384-0233

Ranking Member: Rep. Seth Bongartz,

Manchester