OH group wants federal accountability for Lake Erie phosphorus reduction

Terri Dee

Legal action continues in efforts at cleaning up a portion of Ohio's waterways.

The Ohio EPA has been added as a defendant, along with the U.S. EPA, in a lawsuit filed by the Board of Lucas County Commissioners, the City of Toledo, and the Environmental Law and Policy Center, arguing the two agencies failed to have an effective plan to prevent dangerous amounts of phosphorus from occupying Lake Erie. Phosphorus produces cyanobacteria which appears in water as blue-green or brownish algae.

Sandy Bihn, executive director of the nonprofit Lake Erie waterkeeper, calls the EPA's control plan ineffective.

"We've got now, just in the last two years, an increase of 100,000 cattle coming into the Maumee watershed, most of it unpermitted, piles of manure on the ground here, there, and everywhere," Bihn pointed out. "You can actually physically see the manure running off into the streams."

Bihn noted commercial fertilizer phosphorus use has decreased by almost 40% but livestock is increasing and with that comes more manure runoff. She stressed the agencies being sued are more focused on the phosphorus in farmers' chemical fertilizers.

With the reduction in phosphorus, farmers are still having good yields. However, the number of livestock increases, which creates more untreated manure that seeps into nearby land and water. Excessive phosphorus pollution is joined by E. coli bacteria, pathogens, and other harmful pollutants in Ohio waterways and streams.

"About 90% of it is from runoff from the fields; agricultural runoff, and the two major sources of that are commercial fertilizer and manure," Bihn explained. "The path to reducing those harmful algal blooms is simply to reduce the sources, which is not something the programs are focusing on."

The Centers for Disease Control and Prevention said swallowing water, eating fish or blue-green algae supplements contaminated with cyanobacteria can damage a person's liver and central nervous system or cause death.