Vermont’s Conservation Law Foundation (CLF) and Lowe's have agreed to settle three related cases regarding storm water runoff into Potash Brook from the company's proposed store for South Burlington, Vt.
As part of the settlement agreement, Lowe's will provide additional storm water runoff controls and monitoring and collaborate with CLF in regard to other Lowe's projects in Vermont. The settlement allows Lowe's to proceed with permitting and construction of its store for South Burlington, which will be the company's first store in the state.
"This settlement provides a great model for how projects can be allowed to go forward in polluted watersheds," said Christopher Kilian, CLF's Vermont and Clean Water Program Director. "Lowe's has committed to cleaning up all of the storm water pollution from the Southland Commercial Plaza and to monitor the effect on the stream. This is what is necessary if these waters are going to be cleaned up."
Pursuant to the agreement, Lowe's will significantly upgrade and modernize the storm water runoff treatment system on the Hannaford portion of the Southland Commercial Plaza. Lowe's also agreed to treat additional storm water that drains onto the Southland Commercial Plaza from nearby property by capturing the runoff and diverting it to an underground filtration system. This treatment system will address the issue of some of the currently untreated storm water runoff flowing directly into Potash Brook.
In addition, Lowe's will supplement South Burlington's Potash Brook water quality monitoring program by conducting pollution monitoring upstream and downstream from the new Lowe's store.
Lowe's also agreed to collaborate with CLF on design of runoff controls for future Lowe's stores in Vermont, including a groundbreaking commitment to test a pilot "green roof" system. Green roofs rely on planting turf or other vegetation on rooftops to allow water to be absorbed and evaporated more naturally rather than simply running off into nearby waterways. The settlement agreement builds on Lowe's already aggressive storm water pollution control commitments for the construction and operation of its stores.
"Lowe's hopes to demonstrate that it shares Vermonters' commitment to maintain the quality of its natural resources and is proud to be doing its part to improve the environment, said Michael Chenard, Lowe's director of environmental affairs. "Going forward, Lowe's looks forward to an open dialogue with CLF regarding water quality issues in Vermont."
Permitting storm water runoff discharges from development into polluted waterways is a major issue throughout the nation. The Environmental Protection Agency has ranked storm water runoff as one of the five worst water pollution problems facing the nation's rivers, lakes and estuaries. Vermont has 17 watersheds that do not meet water quality standards as a result of runoff from development and almost half of Lake Champlain's phosphorus pollution comes from land development.
