Conservation Law Foundation said the companies had never gotten the necessary federal permits to allow their Vermont sites to release storm runoff into the environment.
Jim Pratt, senior vice president for operations at Agri-Mark's Cabot Creamery subsidiary, acknowledged that his company does not have the federal permit. He said that was because the state DEC, which is supposed to administer the federal permit system, hadn't set up a program to do that yet.
"Right now we have a valid state stormwater permit, have had for years," Pratt said. "We're fully cooperating with the state as they develop this (program for implementing the federal) regulation, so we fully comply."
There are multiple types of stormwater permits, so Pratt's claim is a bit of a red herring, but still. They are doing what everyone else in the state is doing. Let's listen to the DEC:"I find it a little frustrating quite frankly -- more than a little -- that as we get close finally to bringing this program to life in Vermont ... that CLF would litigate again," [Jeff] Wennberg [commissioner of the DEC] said. "Every problem is an opportunity for a lawsuit. That's the way they operate."
Ya think? I'm all for enforcement of the rules, and lawsuits if the existing laws are insufficient. However, these should be directed at the State, not the private sector. The DEC has sat on its ass for 15 years not doing its job. They should pay the price, not the schmoes who want to be in compliance.
The CLF has been a hinderance in improving water quality in the state. Lawsuit after lawsuit means that there is no permit progam, no process for cleanup to actually occur. If they really wanted to clean up the waters, stop the "fun" they have in the courtroom and get out there in the field and do something about it!
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