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Tahree Lane, with Advocates for a Clean Lake Erie, holds a bottle of water taken from Maumee Bay which she presented to the Toledo City Council during public comment at a Committee of the Whole meeting Monday. The Toledo City Council met to discuss a resolution that would urge the Environmental Protection Agency to designate the Western Lake Erie Basin with impaired status under the Clean Water Act.
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Toledo council debates Lake Erie "impairment" designation

The Blade/Katie Rausch

Toledo council debates Lake Erie "impairment" designation

Speakers on Monday urged City Council to adopt a resolution of “impairment” for western Lake Erie for the sake of public health, despite concerns federal regulators would use the designation to tighten discharge requirements for the city.

“Declare western Lake Erie impaired. We will have a clear snapshot of where the pollution is coming from,” urged Susan Matz of Sylvania, co-director of the group Advocates for a Clean Lake Erie.

Council heard testimony on the proposed resolution, which has gained momentum now that Mayor Paula Hicks-Hudson has endorsed it.

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An “impaired” designation would give the U.S. Environmental Protection Agency the power to identify nonpoint sources of pollution in all the watersheds that drain into the lake. The resolution could be brought up for a vote when council meets Tuesday.

Speakers said that at least 85 percent of the phosphorous in Lake Erie that feeds the algae blooms that turn the lake green flows off farm fields and livestock operations as fertilizer or manure.

A recurring concern for council members was that Toledo could be in for tougher regulation of its wastewater discharges when the city is close to finishing a $521 million upgrade of the wastewater treatment system.

“I was very nervous about more hikes to the ratepayers,” said Councilman Matt Cherry, who expects to support the resolution. “I don’t think my question has been answered yet.”

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Frank Szollosi, a representative of the National Wildlife Federation and a former Toledo councilman, said the federal government can already come after the city.

“The algal blooms are the product of agricultural runoff,” Mr. Szollosi said. “State and federal agencies have already identified nonpoint as 87 percent of the source. Even if they turned off [Toledo’s wastewater discharge] it’s not going to have an impact on the algal blooms.”

Council President Steve Steel asked for information on whether Baltimore saw its discharge requirements increase after Chesapeake Bay was declared impaired.

Lake Erie algae toxins caused the 2014 Toledo water crisis that affected about 500,000 residents. The toxins also prompted Michigan in November, 2016, to declare portions of Lake Erie's waters impaired.

Lucas County commissioners and Oregon City Council approved resolution seeking the impairment destination in 2016.

An impaired designation of Western Lake Erie would require the EPA to develop a management plan to address nonpoint source pollution. States with management plans receive federal funding to implement solutions. Several speakers warned of an increasingly unhealthy lake that has seen curtailed use for fishing and swimming.

Councilman Peter Ujvagi suggested the city’s failure to face up to the pollution would have even higher costs if the city fails to push for more aggressive action now.

“Twenty years ago we decided we were going to fight the EPA and not take the steps that needed to be taken. That was a mistake. Ultimately the citizens have paid the price for that,” he said.

Several speakers identified manure from concentrated animal feeding operations - giant livestock farms - as the major threat to Lake Erie.

Mike Ferner, co-director of Advocates for a Clean Lake Erie, said about 150 such farms contribute sewage equal to that of Los Angeles and Chicago. He said a farm can produce the same amount of sewage as Bowling Green, and the EPA would not allow a city to dump that much sewage into the river.

“There are powerful political interests that are allowing that to happen,” Mr. Ferner said.

Earlier Monday, Advocates for a Clean Lake Erie staged an endorsement event at Lucas County Early Vote center, endorsing Lucas County Treasurer Wade Kapszukiewicz for mayor and Nick Komives, Harvey Savage, and Sam Melden for council.

Mr. Ferner said the endorsements were based on the candidates pledging to vote to pass a resolution to declare Lake Erie impaired and to have the city join the federal lawsuit to order the U.S. EPA to make that designation.

Ms. Hicks-Hudson last month reversed her longstanding opposition to the designation, saying she did it to allow the community to speak with one voice. She had opposed it because she believed it would lead to more environmental regulations that would end up raising the fees paid by Toledo consumers, and that the better course was for an executive order by the president. 

Contact Tom Troy at tomtroy@theblade.com419-724-6058, or on Twitter @TomFTroy.

First Published October 16, 2017, 10:59 p.m.

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Tahree Lane, with Advocates for a Clean Lake Erie, holds a bottle of water taken from Maumee Bay which she presented to the Toledo City Council during public comment at a Committee of the Whole meeting Monday. The Toledo City Council met to discuss a resolution that would urge the Environmental Protection Agency to designate the Western Lake Erie Basin with impaired status under the Clean Water Act.  (The Blade/Katie Rausch)  Buy Image
Councilman Lindsay Webb, center, speaks during a Committee of the Whole meeting Monday.  (The Blade/Katie Rausch)  Buy Image
Councilman Peter Ujvagi, center, speaks during a Committee of the Whole meeting Monday.  (The Blade/Katie Rausch)  Buy Image
Tahree Lane, with Advocates for a Clean Lake Erie, speaks during public comment at a Committee of the Whole meeting Monday.  (The Blade/Katie Rausch)  Buy Image
The Blade/Katie Rausch
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