Water Pollution Control

V.S.A. tit. 10, ch. 47, subch. 1

in effect

10 V.S.A. § 1250 State water quality policy

1250. State water quality policy It is the policy of the State of Vermont to: (1) protect and enhance the quality, character and usefulness of its surface waters and to assure the public health; (2) maintain the purity of drinking water; (3) control the discharge of wastes to the waters of the State, prevent degradation of high quality waters and prevent, abate or control all activities harmful to water quality; (4) assure the maintenance of water quality necessary to sustain existing aquatic communities; (5) provide clear, consistent, and enforceable standards for the permitting and management of discharges; (6) protect from risk and preserve in their natural state certain high quality waters, including fragile high-altitude waters, and the ecosystems they sustain; (7) manage the waters of the State to promote a healthy and prosperous agricultural community; to increase the opportunities for use of the State’s forest, park, and recreational facilities; and to allow beneficial and environmentally sound development; and (8) seek over the long term to upgrade the quality of waters and to reduce existing risks to water quality. Added 1985, No. 199 (Adj. Sess.), § 1, eff. May 17, 1986; amended 2019, No. 14, § 30, eff. April 30, 2019.

10 V.S.A. § 1251 Definitions

1251. Definitions Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context: (1) “Board” means the Secretary of Natural Resources. (2) “Department” means the Department of Environmental Conservation. (3) “Discharge” means the placing, depositing, or emission of any wastes or pollutants, directly or indirectly, into an injection well or into the waters of the State. (4) “Effluent limitation” means any restrictions or prohibitions established in accordance with the provisions of this chapter or under federal law including effluent limitations, standards of performance for new sources, and toxic effluent standards, on quantities, rates, and concentrations of chemical, physical, biological, and other constituents that are discharged to waters of the State, including schedules of compliance. (5) “Hazardous materials” means any material determined by the Secretary to have an unusually harmful effect on water quality if discharged to the waters of the State. (6) “Mixing zone” means a length or area within the waters of the State required for the dispersion and dilution of waste discharges adequately treated to meet federal and State treatment requirements and within which it is recognized that specific water uses or water quality criteria associated with the assigned classification for such waters may not be realized. The mixing zone shall not extend more than 200 feet from the point of discharge. (7) “Oil” means oil of any kind, including petroleum; fuel oils; oily sludge; waste oil; gasoline; kerosene; jet fuel; tar; asphalt; crude oils; lube oil; insoluble or partially soluble derivatives of mineral, animal, or vegetable oils; or any product or mixture thereof. (8) “Person” means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity. (9) “Public interest” means that which is for the greatest benefit to the people of the State as determined by the standards set forth in subsection 1253(e) of this title. (10) “Schedule of compliance” means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation or any other limitation, prohibition, or standard, including any water quality standard. (11) “Secretary” means the Secretary of Natural Resources or authorized representative. (12) “Waste” means effluent, sewage, or any substance or material, liquid, gaseous, solid, or radioactive, including heated liquids, whether or not harmful or deleterious to waters; provided, however, the term “sewage” as used in this chapter shall not include the rinse or process water from a cheese manufacturing process. (13) “Waters” or “waters of the State” includes all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, all artificial or natural bodies of surface waters, and waters of the United States, as that term is defined under the federal Clean Water Act, that are contained within, flow through, or border upon the State or any portion of it. (14) “Injection well” means any opening in the ground used as a means of discharging waste except for a dry hole not exceeding seven feet in depth that is constructed as, and used solely for the disposal of domestic wastes. (15) “Indirect discharge” means any discharge to groundwater, whether subsurface, land-based, or otherwise. (16) “Waste management zone” means a specific reach of Class B waters designated by a permit to accept the discharge of properly treated wastes that prior to treatment contained organisms pathogenic to human beings. Throughout the receiving waters, water quality criteria must be achieved but increased health risks exist due to the authorized discharge. (17) “Basin plan” means a plan prepared by the Secretary for each of Vermont’s 17 basins in conjunction with the basin planning process required by section 303(e) of the federal Clean Water Act and 40 C.F.R. part 131. (18) [Repealed.] (19) “Stormwater utility” means a system adopted by a municipality or group of municipalities under 24 V.S.A. chapter 97, 101, or 105 for the management of stormwater runoff. (20) “Direct discharge” means the placing, depositing, or emission of any waste or pollutant directly into waters. (21) “Pollutant” means dredged spoil; solid waste; incinerator residue; sewage; garbage; sewage sludge; munitions; chemical wastes; biological materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; and industrial, municipal, and agricultural waste discharged into water. Amended 1961, No. 100, § 2; 1964, No. 37 (Sp. Sess.), § 2; 1969, No. 252 (Adj. Sess.), § 1, eff. April 4, 1970; 1973, No. 103, § 2, eff. April 24, 1973; 1973, No. 112, § 3, eff. April 25, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 2, eff. May 17, 1986; 1987, No. 76, § 18; 1991, No. 157 (Adj. Sess.), § 4, eff. May 5, 1992; 1991, No. 211 (Adj. Sess.), § 1; 2003, No. 115 (Adj. Sess.), § 24, eff. Jan. 31, 2005; 2015, No. 103 (Adj. Sess.), § 2, eff. May 12, 2016; 2015, No. 158 (Adj. Sess.), § 32, eff. June 2, 2016; 2017, No. 185 (Adj. Sess.), § 15, eff. May 28, 2018; 2025, No. 67, § 7, eff. July 1, 2025.

10 V.S.A. § 1251a Water pollution administration

1251a. Water pollution administration (a) The Secretary may adopt rules, in accordance with the procedures in the Administrative Procedure Act, that are necessary for the proper administration of the Secretary’s duties under this subchapter, including a planning process approvable under Public Law 92-500, as amended. (b) The Secretary shall establish by rule requirements for the issuance of permits under subsection 1259(e) of this title, including in-stream water quality parameters necessary to establish permit conditions and performance monitoring; however, these in-stream water quality parameters shall not supersede water quality standards adopted by the Secretary. (c) On or before July 1, 2016, the Secretary of Natural Resources shall adopt by rule an implementation process for the antidegradation policy in the water quality standards of the State. The implementation process for the antidegradation policy shall be consistent with the State water quality policy established in section 1250 of this title, the Vermont Water Quality Standards, and any applicable requirements of the federal Clean Water Act. The Secretary of Natural Resources shall apply the antidegradation implementation policy to all new discharges that require a permit under this chapter. Added 1981, No. 222 (Adj. Sess.), § 25; amended 1985, No. 199 (Adj. Sess.), § 4, eff. May 17, 1986; 1989, No. 64, § 2, eff. May 24, 1989; 1997, No. 155 (Adj. Sess.), § 34; 2003, No. 115 (Adj. Sess.), § 25, eff. Jan. 31, 2005; 2007, No. 43, § 6a, eff. May 23, 2007; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2015, No. 64, § 30.

10 V.S.A. § 1252 Classification of high quality waters; mixing zones

1252. Classification of high quality waters; mixing zones (a) The State adopts, for the purposes of individually classifying the uses of its high quality waters, the following classes and definitions: Class A(1): Waters in a natural condition that have significant ecological value; Class A(2): Waters that are suitable for a public water source with filtration and disinfection or other required treatment; character uniformly excellent. Class B(1): Waters in which one or more uses are of demonstrably and consistently higher quality than Class B(2) waters; or Class B(2): Waters that are suitable for swimming and other primary contact recreation; irrigation and agricultural uses; aquatic biota and aquatic habitat; good aesthetic value; boating, fishing, and other recreational uses and suitable for public water source with filtration and disinfection or other required treatment. (b) The Secretary may establish mixing zones or waste management zones as necessary in the issuance of a permit in accordance with this section and criteria established by rule. Those waters authorized under this chapter, as of July 1, 1992, to receive the direct discharge of wastes that prior to treatment contained organisms pathogenic to human beings are designated waste management zones for those discharges. Those waters that as of July 1, 1992 are Class C waters into which no direct discharge of wastes that prior to treatment contained organisms pathogenic to human beings is authorized, shall become waste management zones for any municipality in which the waters are located that qualifies for a discharge permit under this chapter for those wastes prior to July 1, 1997. (c) Upon issuance or renewal of any discharge permit, subsequent to July 1, 1992, involving a discharge into a waste management zone created pursuant to subsection (b) of this section, the Secretary shall adjust the size of the waste management zone to the extent necessary to accommodate the authorized discharge. (d) Prior to the initial authorization of a new waste management zone, except those created pursuant to subsection (b) of this section, or prior to the expansion of the size of an existing zone created under this section, in order to accommodate an increased discharge, the Secretary shall: (1) Prepare a draft permit which includes a description of the proposed waste management zone and proceed in accordance with subsections 7713(c), (d), and (e) of this title. (2) Give due consideration to the cumulative impact of overlapping waste management zones. (3) Determine that the creation or expansion of such a waste management zone is in the public interest after giving due consideration to the factors specified in subdivisions 1253(e)(1) through (10) of this title. (4) Determine that the creation or expansion of such a zone will not: (A) create a public health hazard; or (B) constitute a barrier to the passage or migration of fish or result in an undue adverse effect on fish, aquatic biota, or wildlife; or (C) interfere with those uses that have actually occurred on or after November 28, 1975, in or on a water body, whether or not the uses are included in the standard for classification of the particular water body; or (D) be inconsistent with the anti-degradation policy in the water quality standards. (5) Provide a written explanation with respect to subdivisions (2) through (4) of this subsection. (e) The Secretary shall adopt standards of water quality to achieve the purposes of the water classifications. Such standards shall be expressed in detailed water quality criteria, taking into account the available data and the effect of these criteria on existing activities, using as appropriate: (1) numerical values, (2) biological parameters; and (3) narrative descriptions. These standards shall establish limits for at least the following: alkalinity, ammonia, chlorine, fecal coliform, color, nitrates, oil and grease, dissolved oxygen, pH, phosphorus, temperature, all toxic substances for which the U.S. Environmental Protection Agency has established criteria values, and any other water quality parameters deemed necessary by the Board. (f) The Secretary may issue declaratory rulings regarding these standards. (g) Notwithstanding the provisions of subsection 1259(c) of this title and rules implementing that subsection, the Secretary may issue a discharge permit pursuant to section 1263 of this title, for a municipal discharge of treated municipal waste into Class B waters, if that municipal discharge was established prior to January 1, 1974 and was, as of January 1, 1990, occurring pursuant to authorization contained in an assurance of discontinuance. (h) A discharge permit issued pursuant to subsection (g) of this section may not authorize an increase in mass pollutant loading beyond that contained in the assurance of discontinuance. Amended 1961, No. 101; 1964, No. 37 (Sp. Sess.), § 3; 1967, No. 181, § 1, eff. April 17, 1967; 1973, No. 103, § 3, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 5, eff. May 17, 1986; 1989, No. 278 (Adj. Sess.), § 5; 1991, No. 211 (Adj. Sess.), § 2; 2011, No. 138 (Adj. Sess.), § 21, eff. May 14, 2012; 2015, No. 79 (Adj. Sess.), § 1, eff. April 28, 2016; 2015, No. 150 (Adj. Sess.), § 15, eff. Jan. 1, 2018.

10 V.S.A. § 1253 Classification of waters designated; reclassification

1253. Classification of waters designated; reclassification (a) The waters of all lakes, ponds, and reservoirs, natural or artificial, used exclusively as a public water source prior to July 1, 1971, and all waters flowing into such lakes, ponds, and reservoirs, and all waters located above 2,500 feet altitude, National Geodetic Vertical Datum, are designated Class A waters and shall be maintained as such unless reclassified. (b) The remaining waters are designated Class B(2) waters and shall be maintained as such unless reclassified. (c) On its own motion, or on receipt of a written request that the Secretary adopt, amend, or repeal a reclassification rule, the Secretary shall comply with 3 V.S.A. § 806 and may initiate a rulemaking proceeding to reclassify one or more uses of all or any portion of the affected waters in the public interest. In the course of this proceeding, the Secretary shall comply with the provisions of 3 V.S.A. chapter 25 and may hold a public hearing convenient to the waters in question. If the Secretary finds that the established classification is contrary to the public interest and that reclassification is in the public interest, he or she shall file a final proposal of reclassification in accordance with 3 V.S.A. § 841. If the Secretary finds that it is in the public interest to change the classification of any pond, lake, or reservoir designated as Class A for a public water source, the Secretary shall so advise and consult with the Department of Health and shall provide in its reclassification rule a reasonable period of time before the rule becomes effective. During that time, any municipalities or persons whose water source is affected shall construct filtration and disinfection facilities or convert to a new water source. (d)(1) Through the process of basin planning, the Secretary shall determine what degree of water quality and classification should be obtained and maintained for those waters not classified by the Board before 1981 following the procedures in sections 1254 and 1258 of this title. Those waters shall be classified in the public interest. The Secretary shall prepare and maintain an overall surface water management plan to assure that the State water quality standards are met in all State waters. The surface water management plan shall include a schedule for updating the basin plans. The Secretary, in consultation with regional planning commissions and the Natural Resources Conservation Council, shall revise all 15 basin plans and update the basin plans on a five-year rotating basis. On or before January 15 of each year, the Secretary shall report to the House Committees on Agriculture, Food Resiliency, and Forestry and on Environment and to the Senate Committees on Agriculture and on Natural Resources and Energy regarding the progress made and difficulties encountered in revising basin plans. The report shall include a summary of basin planning activities in the previous calendar year, a schedule for the production of basin plans in the subsequent calendar year, and a summary of actions to be taken over the subsequent three years. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. (2) In developing a basin plan under this subsection, the Secretary shall: (A) identify waters that should be reclassified outstanding resource waters or that should have one or more uses reclassified under section 1252 of this title; (B) identify wetlands that should be reclassified as Class I wetlands; (C) identify projects or activities within a basin that will result in the protection and enhancement of water quality; (D) review the evaluations performed by the Secretary under subdivisions 922(a)(1) and (2) of this title and update those findings based on any new data collected as part of a basin plan; (E) for projects in the basin that will result in enhancement of resources, including those that protect high quality waters of significant natural resources, the Secretary shall identify the funding needs beyond those currently funded by the Clean Water Fund; (F) ensure that municipal officials, citizens, natural resources conservation districts, regional planning commissions, watershed groups, and other interested groups and individuals are involved in the basin planning process; (G) ensure regional and local input in State water quality policy development and planning processes; (H) provide education to municipal officials and citizens regarding the basin planning process; (I) develop, in consultation with the regional planning commission, an analysis and formal recommendation on conformance with the goals and objectives of applicable regional plans; (J) provide for public notice of a draft basin plan; (K) provide for the opportunity of public comment on a draft basin plan; and (L) identify opportunities to mitigate impacts of severe precipitation events on communities through implementation of nature-based restoration projects or practices that increase natural flood water attenuation and storage. (3) The Secretary shall, contingent upon the availability of funding, negotiate and issue performance grants to the Vermont Association of Planning and Development Agencies or its designee, the Natural Resources Conservation Council or its designee, and to Watersheds United Vermont or its designee to assist in or to produce a basin plan under the schedule set forth in subdivision (1) of this subsection in a manner consistent with the authority of regional planning commissions under 24 V.S.A. chapter 117 and the authority of the natural resources conservation districts under chapter 31 of this title. When negotiating a scope of work with the Vermont Association of Planning and Development Agencies or its designee, the Natural Resources Conservation Council or its designee, and Watersheds United Vermont or its designee to assist in or produce a basin plan, the Secretary may require the Vermont Association of Planning and Development Agencies, the Natural Resources Conservation Council, or Watersheds United Vermont to: (A) conduct any of the activities required under subdivision (2) of this subsection (d); (B) provide technical assistance and data collection activities to inform municipal officials and the State in making water quality investment decisions; (C) coordinate municipal planning and adoption or implementation of municipal development regulations better to meet State water quality policies and investment priorities; or (D) assist the Secretary in implementing a project evaluation process to prioritize water quality improvement projects within the region to ensure cost-effective use of State and federal funds. (e) In determining the question of public interest, the Secretary shall give due consideration to, and explain his or her decision with respect to, the following: (1) existing and obtainable water qualities; (2) existing and potential use of waters as a public water source, recreational, agricultural, industrial, and other legitimate purposes; (3) natural sources of pollution; (4) public and private pollution sources and the alternative means of abating the same; (5) consistency with the State water quality policy established in section 1250 of this title; (6) suitability of waters as habitat for fish, aquatic life, and wildlife; (7) need for and use of minimum streamflow requirements; (8) federal requirements for classification and management of waters; (9) consistency with applicable municipal, regional, and State plans; and (10) any other factors relevant to determine the maximum beneficial use and enjoyment of waters. (f) Notwithstanding the provisions of subsection (c) of this section, when reclassifying waters to Class A, the Secretary need find only that the reclassification is in the public interest. (g) The Secretary under the reclassification rule may grant permits for only a portion of the assimilative capacity of the receiving waters or may permit only indirect discharges from on-site disposal systems, or both. (h)(1) The Secretary shall administer a Clean Water Act Section 401 certification program to review activities that require a federal license or permit or activities subject to regulation under chapter 41, subchapter 4 of this title to ensure that a proposed activity complies with the Vermont Water Quality Standards, as well as with any other appropriate requirement of State law, including: (A) chapter 37 of this title (wetlands protection and water resources management); (B) chapter 41 of this title (regulation of stream flow); (C) section 1264 of this title (stormwater management); (D) 29 V.S.A. chapter 11 (management of lakes and ponds); and (E) the Agency of Natural Resources Rules for Water Withdrawals for Snowmaking. (2) The Secretary of Natural Resources shall not grant an application for certification under Section 401 of the Clean Water Act unless the applicant demonstrates all of the following: (A) there is no practicable alternative to the proposed activity that would have a less adverse impact on waters and wetlands of the State and provided that any proposed alternative shall not have other significant adverse human health, safety, or environmental consequences; (B) the proposed activity will not result in the violation of any applicable water quality criteria established in the Vermont Water Quality Standards; and (C) the proposed activity will not result in a violation of the State’s antidegradation policy. (3)(A) An alternative is considered practicable under subdivision (2)(A) of this subsection (h) if it is available and capable of being completed after taking into consideration cost, existing technology, and logistics in light of overall purposes of the proposed activity. (B) Failure to comply with the requirements of subdivision (2)(A) of this subsection (h) shall not be the basis for denial of an application for a certification under Section 401 of the Clean Water Act if the proposed activity is exempt from those requirements under a rule adopted by the Secretary. (4) The Secretary may issue a certification required by this subsection to any general permit or authorization issued by a federal agency. An applicant’s compliance with that federal permit or authorization shall be presumed to be in compliance with the certification unless the Secretary determines that an individual review of the applicant’s activity is necessary to assure compliance with the Vermont Water Quality Standards and other appropriate State laws. Amended 1961, No. 100, § 2; 1964, No. 37 (Sp. Sess.), § 4; 1969, No. 252 (Adj. Sess.), § 2, eff. July 1, 1971; 1973, No. 3, eff. Feb. 8, 1973; 1973, No. 103, § 16, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 6, eff. May 17, 1986; 1987, No. 154 (Adj. Sess.), §§ 1, 2, eff. April 20, 1988; 1991, No. 211 (Adj. Sess.), § 3; 1999, No. 114 (Adj. Sess.), § 2, eff. May 19, 2000; 2003, No. 115 (Adj. Sess.), § 26, eff. Jan. 31, 2005; 2009, No. 33, § 25; 2011, No. 138 (Adj. Sess.), § 22, eff. May 14, 2012; 2013, No. 142 (Adj. Sess.), § 18; 2015, No. 64, § 26; 2015, No. 79 (Adj. Sess.), § 2, eff. April 28, 2016; 2015, No. 154 (Adj. Sess.), § 12, eff. June 1, 2016; 2017, No. 113 (Adj. Sess.), § 44c; 2017, No. 168 (Adj. Sess.), § 4, eff. May 22, 2018; 2019, No. 76, § 2; 2021, No. 32, § 1; 2021, No. 135 (Adj. Sess.), § 2, eff. July 1, 2022; 2023, No. 121 (Adj. Sess.), § 25, eff. July 1, 2024.

10 V.S.A. § 1254 Classification of waters by Secretary; aid

1254. Classification of waters by Secretary; aid In classifying or reclassifying the waters of the State, the Secretary is authorized to call upon any State department or agency for any pertinent information, other than information of a confidential nature, that the department or agency has or could obtain easily in the course of its work. Amended 1961, No. 100, § 2; 1969, No. 252 (Adj. Sess.), § 3, eff. April 4, 1970; 1981, No. 222 (Adj. Sess.), § 25; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.

10 V.S.A. § 1258 Management of waters after classification, enforcement

1258. Management of waters after classification, enforcement (a) After the classification of any waters has been determined by the Secretary, those waters shall be managed under the supervision of the Secretary in order to obtain and maintain the classification established. The Secretary may enforce a classification against any person affected thereby who, with notice of the classification, has failed to comply. An action to enforce a classification shall be brought in the Superior Court of the county wherein the affected waters are located. (b) The Secretary shall manage discharges to the waters of the State by administering a permit program consistent with the National Pollutant Discharge Elimination System established by section 402 of Public Law 92-500 and with the guidelines promulgated in accordance with section 304(h)(2) of Public Law 92-500. The Secretary shall use the full range of possibilities and variables allowable under these sections of Public Law 92-500, including general permits, as are consistent with meeting the objectives of the Vermont Water Pollution Control Program. The Secretary shall adopt a continuing planning process approvable under section 303(e) of Public Law 92-500. Neither the Secretary nor his or her duly authorized representative may receive or during the previous two years have received a significant portion of his or her income directly or indirectly from permit holders or applicants for a permit under this chapter. Amended 1969, No. 252 (Adj. Sess.), § 6, eff. April 4, 1970; 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 103, § 4, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1987, No. 282 (Adj. Sess.), § 12; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.

10 V.S.A. § 1259 Prohibitions

1259. Prohibitions (a) No person shall discharge any waste, substance, or material into waters of the State, nor shall any person discharge any waste, substance, or material into an injection well or discharge into a publicly owned treatment works any waste that interferes with, passes through without treatment, or is otherwise incompatible with those works or would have a substantial adverse effect on those works or on water quality, without first obtaining a permit for that discharge from the Secretary. This subsection shall not prohibit the proper application of fertilizer to fields and crops, nor reduce or affect the authority or policy declared in Joint House Resolution 7 of the 1971 Session of the General Assembly. (b) Any records or information obtained under this permit program that constitutes trade secrets under 1 V.S.A. § 317(c)(9) shall be kept confidential, except that such records or information may be disclosed to authorized representatives of the State and the United States when relevant to any proceedings under this chapter. (c) No person shall cause a direct discharge into Class A waters of any wastes that, prior to treatment, contained organisms pathogenic to human beings. Except within a waste management zone, no person shall cause a direct discharge into Class B waters of any wastes that prior to treatment contained organisms pathogenic to human beings. (d) No person shall cause a discharge of wastes into Class A waters, except for on-site disposal of sewage from systems with a capacity of 1,000 gallons per day (gpd), or less, that are either exempt from or comply with the environmental protection rules, or existing systems, which shall require a permit according to the provisions of subsection 1263(f) of this title. (e) Except for on-site disposal of sewage from systems of less than 6,500 gpd capacity that are either exempt from or comply with the environmental protection rules, no person shall cause any new or increased indirect discharge of wastes into Class B waters without a permit under section 1263 of this title. The Secretary shall not issue a permit for on-site disposal of sewage that discharges into Class B waters, unless the applicant demonstrates by clear and convincing evidence, and the Secretary finds, that the discharge: (1) will not significantly alter the aquatic biota in the receiving waters; (2) will not pose more than a negligible risk to public health; (3) will be consistent with existing and potential beneficial uses of the waters; and (4) will not cause a violation of water quality standards. (f) Provided that the introduction of wastes are from sources that do not discharge pollutants from a point source into waters of the State, and comply with the federal Clean Water Act and federal CAFO regulation, the following activities shall not require a VPDES permit under section 1263 of this title: (1) required agricultural practices, as adopted by rule by the Secretary of Agriculture, Food and Markets; or (2) accepted silvicultural practices, as defined by the Commissioner of Forests, Parks and Recreation, including practices that are in compliance with the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the Commissioner of Forests, Parks and Recreation. (g) Nothing in this chapter shall prohibit the Secretary from approving nondischarging sewage treatment systems that the Secretary finds are safe, reliable, and effective. (h) The Secretary shall adopt rules to ensure that the installation of two or more systems discharging sewage will not result in the circumvention of the purposes of this chapter or the requirements of this section. (i) The Secretary shall regulate AFOs in accordance with federal requirements, and the VPDES CAFO Rules, and the Secretary of Agriculture, Food and Markets shall implement the State nonpoint source pollution control program planning, implementation, and regulation. This concurrent authority ensures comprehensive water quality protection and implements equivalent State nonpoint source pollution controls on farms not covered by the Clean Water Act. The Agencies shall cooperate and share information to enable effective and consistent regulation and enforcement. Not later than September 1, 2025, the Agency of Natural Resources, in consultation with the U.S. Environmental Protection Agency and the Agency of Agriculture, Food and Markets, shall issue a document that sets forth the respective roles and responsibilities of the Agency of Natural Resources in implementing the Clean Water Act on farms and responsibilities of the Agency of Agriculture, Food and Markets in implementing the State’s complementary nonpoint source program on farms. The document shall replace the existing memorandum of understanding between the agencies. The Secretary shall post the draft document and information regarding the document on the Agency’s website, shall issue public notice by press release and social media, shall submit the draft documents to the Senate Committees on Agriculture and on Natural Resources and Energy and the House Committees on Agriculture, Food Resiliency, and Forestry and on Environment, and shall allow for public comment. The proposed document shall be available for 30 days after the final date of publication for public review and comment. The Secretary of Natural Resources, in consultation with the Secretary of Agriculture, Food and Markets, shall review the document every five years to ensure compliance with the requirements of the Clean Water Act. If the document is substantially revised, it first shall be noticed in the same manner that applies to the initial memorandum. Actions by the Secretary of Agriculture, Food and Markets under this section shall be consistent with the water quality standards and water pollution control requirements of this chapter and the federal Clean Water Act as amended. (j) No person shall discharge waste from hydraulic fracturing, as that term is defined in 29 V.S.A. § 503, into or from a pollution abatement facility, as that term is defined in section 1278 of this title. Amended 1967, No. 181, § 2, eff. April 17, 1967; 1969, No. 252 (Adj. Sess.), § 7, eff. April 4, 1970; 1971, No. 255 (Adj. Sess.), § 3, eff. April 11, 1972; 1973, No. 103, § 5, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 3, eff. May 17, 1986; 1991, No. 211 (Adj. Sess.), § 4; 1991, No. 261 (Adj. Sess.), § 3; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 78, § 12, eff. June 24, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2011, No. 152 (Adj. Sess.), § 4, eff. May 16, 2012; 2015, No. 29, § 16; 2015, No. 64, § 51; 2015, No. 103 (Adj. Sess.), § 3, eff. May 12, 2016; 2017, No. 185 (Adj. Sess.), § 16, eff. May 28, 2018; 2025, No. 67, § 10, eff. July 1, 2025.

10 V.S.A. § 1263 Discharge permits

1263. Discharge permits (a) Any person who intends to discharge waste into the waters of the State or who intends to discharge into an injection well or who intends to discharge into any publicly owned treatment works any waste that interferes with, passes through without treatment, or is otherwise incompatible with that works or would have a substantial adverse effect on that works or on water quality, or is required to apply for a CAFO permit, shall make application to the Secretary for a discharge permit. Application shall be made on a form prescribed by the Secretary. An applicant shall pay an application fee in accordance with 3 V.S.A. § 2822. (b) When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title. The Secretary may require any applicant to submit any additional information that the Secretary considers necessary , before issuing a permit application completeness determination. The Secretary may take appropriate steps to secure compliance, refuse to grant a permit, or permission to discharge under the terms of a general permit, until the information is furnished and evaluated. (c) If the Secretary determines that the proposed discharge will not reduce the quality of the receiving waters below the classification established for them and will not violate any applicable provisions of State or federal laws or regulations, he or she shall issue a permit containing terms and conditions as may be necessary to carry out the purposes of this chapter and of applicable federal law. Those terms and conditions may include providing for specific effluent limitations and levels of treatment technology; monitoring, recording, reporting standards; entry and inspection authority for State and federal officials; reporting of new pollutants and substantial changes in volume or character of discharges to waste treatment systems or waters of the State; pretreatment standards before discharge to waste treatment facilities or waters of the State; and toxic effluent standards or prohibitions. (d) A discharge permit shall: (1) Specify the manner, nature, volume, and frequency of the discharge permitted and contain terms and conditions consistent with subsection (c) of this section. (2) Require proper operation and maintenance of any pollution abatement facility necessary in the treatment or processing of the waste by qualified personnel in accordance with standards established by the Secretary and the Director of the Office of Professional Regulation. The Secretary may require that a pollution abatement facility be operated by persons licensed under 26 V.S.A. chapter 99 and may prescribe the class of license required. The Secretary may require a laboratory quality assurance sample program to ensure qualifications of laboratory analysts. (3) Contain an operation, management, and emergency response plan when required under section 1278 of this title and additional conditions, requirements, and restrictions as the Secretary deems necessary to preserve and protect the quality of the receiving waters, including requirements concerning recording, reporting, monitoring, and inspection of the operation and maintenance of waste treatment facilities and waste collection systems. (4) Be valid for the period of time specified therein, not to exceed five years. (e) A discharge permit may be renewed from time to time upon application to the Secretary. A renewal permit filing requirement for reissuance shall be determined by the Secretary and may range from a simple written request for reissuance to the submission of all information required by the initial application. A renewal permit shall be issued following all determinations and procedures required for initial permit application. (f) Existing indirect discharges to the waters of the State from on-site disposal of sewage shall comply with and be subject to the provisions of this chapter, and shall obtain the required permit, no later than July 1, 1991. Notwithstanding the requirements of subsections 1259(d) and (e) of this title, the Secretary shall grant a permit for an existing indirect discharge to the waters of the State for on-site disposal of sewage unless he or she finds that the discharge violates the water quality standards. Existing indirect discharges from on-site sewage disposal systems of less than 6,500 gpd capacity shall not require a permit. (g) Any person who owns or operates a concentrated animal feeding operation that requires a permit under the federal National Pollutant Discharge Elimination System permit regulations or the VPDES CAFO Rules shall submit an application to the Secretary for a discharge permit and pay the required fees specified in 3 V.S.A. § 2822. Not later than December 15, 2025, the Secretary shall amend and issue the CAFO General Permit and Notice of Intent. Not later than July 1, 2026, the Secretary shall issue a CAFO application and an individual CAFO permit. The Secretary may request any additional information from a farm as necessary to process a permit and administer the CAFO program. The Secretary may direct a farm to apply for an individual or general permit in accordance with the procedural requirements of subsection (b) of this section. (h) A large CAFO shall not be required to have a CAFO permit unless one of the following conditions are met: (1) wastes are discharged into waters via a point source; (2) wastes are discharged directly into waters that originate outside or pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation; or (3) a precipitation-related discharge of manure, litter, or process wastewater from land areas under the control of a LFO has occurred that was not in accordance with site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater, as determined by the Secretary. (i) The Secretary shall require nutrient management plans for all CAFOs and shall include the plans in the permits for public comment in accordance with the process set forth in chapter 170 of this title. The Secretary may amend a permit in accordance with chapter 170 of this title or revoke a permit in accordance with 3 V.S.A. § 814. (j) Once a CAFO is covered under a CAFO permit, the farm shall be covered for the five-year duration of the permit. A farm covered by a CAFO permit shall renew the permit in accordance with its terms, unless the farm wants to opt out and can demonstrate it is not discharging and shall accordingly comply with the federal CWA and the Vermont CAFO rules. (k)(1) The Secretary may enter into an agreement with the owner of a POTW to delegate to the owner of the POTW authority under this title to regulate pretreatment discharges to the POTW. An agreement entered into by the Secretary under this subsection shall authorize the owner of the POTW to regulate and enforce pretreatment discharges to the POTW consistent with the authority set forth in 40 C.F.R. Part 40, including the establishment of applicable civil, criminal, or administrative penalties for the violation of pretreatment standards or requirements. The owner of a POTW that the Secretary enters into an agreement with under this subsection may, as part of the agreement, set application fees and other fees necessary for the regulation of a pretreatment discharge to the POTW. The Environmental Division shall have the same jurisdiction to review the actions of the owner of the POTW delegated pretreatment authority by an agreement under this subsection and to hear appeals as the Environmental Division’s jurisdiction over the Secretary’s actions. The jurisdiction of the Environmental Division shall be construed broadly with respect to review of the actions of an owner of a POTW delegated pretreatment authority under this subsection. (2) As used in this subsection: (A) “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing pollutants into a POTW. Pretreatment includes those processes or technologies authorized under 40 C.F.R. § 403.3(s). (B) “Pretreatment discharge” means the introduction of pollutants into a POTW from any nondomestic source regulated under 33 U.S.C. § 1317(b), (c), or (d). (C) “Publicly owned treatment works” or “POTW” has the same meaning as in 40 C.F.R. § 403.3(q). Added 1969, No. 252 (Adj. Sess.), § 11, eff. April 4, 1970; amended 1973, No. 103, § 6, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 7, eff. May 17, 1986; 1987, No. 76, § 4; 1987, No. 173 (Adj. Sess.), eff. May 6, 1988; 1987, No. 282 (Adj. Sess.), § 13; 1989, No. 116, § 2; 1993, No. 48, §§ 5, 6, eff. June 1, 1993; 2003, No. 115 (Adj. Sess.), § 27, eff. Jan. 31, 2005; 2005, No. 78, § 13, eff. June 24, 2005; 2005, No. 154 (Adj. Sess.), § 5b, eff. July 1, 2007; 2015, No. 150 (Adj. Sess.), § 16, eff. Jan. 1, 2018; 2015, No. 156 (Adj. Sess.), § 8, eff. Jan. 1, 2017; 2017, No. 144 (Adj. Sess.), § 11; 2025, No. 67, § 11, eff. July 1, 2025; 2025, No. 174 (Adj. Sess.), § 7, eff. June 18, 2026.

10 V.S.A. § 1264 Stormwater management

1264. Stormwater management (a) Findings and intent. (1) The General Assembly finds that the management of stormwater runoff is necessary to reduce stream channel instability, pollution, siltation, sedimentation, and flooding, all of which have adverse impacts on the water and land resources of the State. (2) The General Assembly intends, by enactment of this section, to: (A) Reduce the adverse effects of stormwater runoff. (B) Direct the Agency of Natural Resources to develop a process that ensures broad participation, focuses upon the prevention of pollution, relies on structural treatment only when necessary, establishes and maintains accountability, tailors strategies to the region and the locale, builds broad-based programs, provides for the evaluation and appropriate evolution of programs, is consistent with the federal Clean Water Act and the State water quality standards, and accords appropriate recognition to the importance of community benefits that accompany an effective stormwater runoff management program. In furtherance of these purposes, the Secretary shall implement a stormwater permitting program. The stormwater permitting program developed by the Secretary shall recognize that stormwater runoff is different from the discharge of sanitary and industrial wastes because of the influence of natural events of stormwater runoff, the variations in characteristics of those runoffs, and the increased stream flows causing degradation of the quality of the receiving water at the time of discharge. (b) Definitions. As used in this section: (1) “Best management practice” (BMP) means a schedule of activities, prohibitions or practices, maintenance procedures, green infrastructure, and other management practices to prevent or reduce water pollution. (2) “Development” means the construction of impervious surface on a tract or tracts of land where no impervious surface previously existed. (3) “Expansion” and “the expanded portion of an existing discharge” mean an increase or addition of impervious surface, such that the total resulting impervious area is greater than the minimum regulatory threshold. (4) “Green infrastructure” means a wide range of multifunctional, natural, and seminatural landscape elements that are located within, around, and between developed areas; that are applicable at all spatial scales; and that are designed to control or collect stormwater runoff. (5) “Healthy soil” means soil that has a well-developed, porous structure; is chemically balanced; supports diverse microbial communities; and has abundant organic matter. (6) “Impervious surface” means those manmade surfaces, including paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates. (7) “New stormwater discharge” means a new or expanded discharge of regulated stormwater runoff, subject to the permitting requirements of this chapter, that has not been previously authorized pursuant to this chapter. (8) “Offset” means a State-permitted or State-approved action or project that mitigates the impacts that a discharge of regulated stormwater runoff has on receiving waters. (9) “Redevelopment” or “redevelop” means the construction or reconstruction of an impervious surface where an impervious surface already exists when such new construction involves substantial site grading, substantial subsurface excavation, or substantial modification of an existing stormwater conveyance, such that the total of impervious surface to be constructed or reconstructed is greater than the minimum regulatory threshold. Redevelopment does not mean public road management activities, including any crack sealing, patching, cold planing, resurfacing, reclaiming, or grading treatments used to maintain pavement, bridges, and unpaved roads. (10) “Regulated stormwater runoff” means precipitation, snowmelt, and the material dissolved or suspended in precipitation and snowmelt that runs off impervious surfaces and discharges into surface waters or into groundwater via infiltration. (11) “Stormwater impact fee” means the monetary charge assessed to a permit applicant for the discharge of regulated stormwater runoff in order to mitigate impacts that the discharger is unable to control through on-site treatment or completion of an offset on a site owned or controlled by the permit applicant. (12) “Stormwater-impaired water” means a State water that the Secretary determines is significantly impaired by discharges of regulated stormwater runoff. (13) “Stormwater Management Manual” means the Agency of Natural Resources’ Stormwater Management Manual, as adopted and amended by rule. (14) “Stormwater runoff” means precipitation and snowmelt that does not infiltrate into the soil, including material dissolved or suspended in it, but does not include discharges from undisturbed natural terrain or wastes from combined sewer overflows. (15) “Stormwater system” includes the storm sewers; outfall sewers; surface drains; manmade wetlands; channels; ditches; wet and dry bottom basins; rain gardens; and other control equipment necessary and appurtenant to the collection, transportation, conveyance, pumping, treatment, disposal, and discharge of regulated stormwater runoff. (16) “Total maximum daily load” (TMDL) means the calculations and plan for meeting water quality standards approved by the U.S. Environmental Protection Agency (EPA) and prepared pursuant to 33 U.S.C. § 1313(d) and federal regulations adopted under that law. (17) “Water quality remediation plan” means a plan, other than a TMDL, designed to bring an impaired water body into compliance with applicable water quality standards in accordance with 40 C.F.R. § 130.7(b)(1)(ii) and (iii). (18) “Watershed improvement permit” means a general permit specific to a stormwater-impaired water that is designed to apply management strategies to existing and new discharges and that includes a schedule of compliance no longer than five years reasonably designed to assure attainment of the Vermont Water Quality Standards in the receiving waters. (c) Prohibitions. (1) A person shall not commence the construction or redevelopment of one-half of an acre or more of impervious surface without first obtaining a permit from the Secretary. (2) A person shall not discharge from a facility that has a standard industrial classification identified in 40 C.F.R. § 122.26 without first obtaining a permit from the Secretary. (3) A person that has been designated by the Secretary as requiring coverage for its municipal separate storm sewer system shall not discharge without first obtaining a permit from the Secretary. (4) A person shall not commence a project that will result in an earth disturbance of one acre or greater, or of less than one acre if part of a common plan of development, without first obtaining a permit from the Secretary. (5) A person shall not expand existing impervious surface by more than 5,000 square feet, such that the total resulting impervious area is greater than one acre, without first obtaining a permit from the Secretary. (6)(A) In accordance with the schedule established under subdivision (g)(2) of this section, a municipality shall not discharge stormwater from a municipal road without first obtaining: (i) an individual permit; (ii) coverage under a municipal road general permit; or (iii) coverage under a municipal separate storm sewer system permit that implements the technical standards and criteria established by the Secretary for stormwater improvements of municipal roads. (B) As used in this subdivision (6), “municipality” means a city, town, or village. (7) In accordance with the schedule established under subdivision (g)(3) of this section, a person shall not discharge stormwater from impervious surface of three or more acres in size without first obtaining an individual permit or coverage under a general permit issued under this section if the discharge was never previously permitted or was permitted under an individual permit or general permit that did not incorporate the requirements of the 2002 Stormwater Management Manual or any subsequently adopted Stormwater Management Manual. The Secretary shall provide notice to all owners of property subject to the permit required under this subdivision. (d) Exemptions. (1) No permit is required under this section for: (A) Stormwater runoff from farms in compliance with agricultural practices adopted by the Secretary of Agriculture, Food and Markets and not subject to the federal Clean Water Act, its enabling regulations, or the VPDES CAFO Rules as determined by the Secretary of Natural Resources. This exemption shall not apply to construction stormwater permits required by subdivision (c)(4) of this section. (B) Stormwater runoff from concentrated animal feeding operations permitted under subsection 1263(g) of this chapter. (C) Stormwater runoff from accepted silvicultural practices, as defined by the Commissioner of Forests, Parks and Recreation, including practices that are in compliance with the federal Clean Water Act as determined by the Secretary of Natural Resources and the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the Commissioner of Forests, Parks and Recreation. (D) Stormwater runoff permitted under section 1263 of this title. (2) No permit is required under subdivision (c)(1), (5), or (7) of this section and for which a municipality has assumed full legal responsibility as part of a permit issued to the municipality by the Secretary. As used in this subdivision, “full legal responsibility” means legal control of the stormwater system, including a legal right to access the stormwater system, a legal duty to properly maintain the stormwater system, and a legal duty to repair and replace the stormwater system when it no longer adequately protects waters of the State. Notwithstanding the provisions of 24 V.S.A. § 3254 to the contrary, when a municipality assumes or has assumed full legal responsibility for a stormwater system, the municipality may assess municipal special assessment fees on users of the stormwater system, provided that a majority of the property owners subject to the special assessment fee consented and the fee assessed is a fair apportionment to the user of the cost of the improvement in accordance with the benefits the user received. (e) State designation. The Secretary shall require a permit under this section for a discharge or stormwater runoff from any size of impervious surfaces upon a determination by the Secretary that the treatment of the discharge or stormwater runoff is necessary to reduce the adverse impacts to water quality of the discharge or stormwater runoff taking into consideration any of the following factors: the size of the impervious surface, drainage patterns, hydraulic connectivity, existing stormwater treatment, stormwater controls necessary to implement the wasteload allocation of a TMDL, or other factors. The Secretary may make this determination on a case-by-case basis or according to classes of activities, classes of runoff, or classes of discharge. The Secretary may make a determination under this subsection based on activities, runoff, discharges, or other information identified during the basin planning process. (f) Rulemaking. On or before December 31, 2017, the Secretary shall adopt rules to manage stormwater runoff. At a minimum, the rules shall: (1) Establish as the primary goals of the rules: (A) assuring compliance with the Vermont Water Quality Standards; and (B) maintenance after development, as nearly as possible, of the predevelopment runoff characteristics. (2) Establish criteria for the use of the basin planning process to establish watershed-specific priorities for the management of stormwater runoff. (3) Assure consistency with applicable requirements of the federal Clean Water Act. (4) Include technical standards and best management practices that address stormwater discharges from existing development, new development, and redevelopment. (5) Specify minimum requirements for inspection and maintenance of stormwater management practices. (6) Include standards for the management of stormwater runoff from construction sites and other land disturbing activities. (7) Allow municipal governments to assume the full legal responsibility for a stormwater system permitted under these rules as a part of a permit issued by the Secretary. (8) Include standards with respect to the use of offsets and stormwater impact fees. (9) Include minimum standards for the issuance of stormwater permits during emergencies for the repair or maintenance of stormwater infrastructure during a state of emergency declared under 20 V.S.A. chapter 1 or during flooding or other emergency conditions that pose an imminent risk to life or a risk of damage to public or private property. Minimum standards adopted under this subdivision shall comply with National Flood Insurance Program requirements. (10) To the extent appropriate, authorize in the permitting process use of certifications of compliance by licensed professional engineers practicing within the scope of their engineering specialty. (11) Include standards for alternative best management practices for stormwater permitting of renewable energy projects and telecommunication facilities located in high-elevation settings, provided that the alternative best management practices shall be designed to: (A) minimize the extent and footprint of stormwater-treatment practices in order to preserve vegetation and trees; (B) adapt to and minimize impact to ecosystems, shallow soils, and sensitive streams found in high-elevation settings; (C) account for the temporary nature and infrequent use of construction and access roads for high-elevation projects; and (D) maintain the predevelopment runoff characteristics, as nearly as possible, after development. (12) Establish best management practices for improving healthy soils in order to improve the capacity of soil to retain water, improve flood resiliency, reduce sedimentation, and prevent stormwater runoff. (g) General permits. (1) The Secretary may issue general permits for classes of stormwater runoff that shall be adopted and administered in accordance with the provisions of subsection 1263(b) of this title. (2)(A) The Secretary shall issue on or before December 31, 2017, a general permit for discharges of regulated stormwater from municipal roads. Under the municipal roads stormwater general permit, the Secretary shall: (i) Establish a schedule for implementation of the general permit by each municipality in the State. Under the schedule, the Secretary shall establish: (I) the date by which each municipality shall apply for coverage under the municipal roads general permit; (II) the date by which each municipality shall inventory necessary stormwater management projects on municipal roads; (III) the date by which each municipality shall establish a plan for implementation of stormwater improvements that prioritizes stormwater improvements according to criteria established by the Secretary under the general permit; and (IV) the date by which each municipality shall implement stormwater improvements of municipal roads according to a municipal implementation plan. (ii) Establish criteria and technical standards, such as best management practices, for implementation of stormwater improvements of municipal roads. (iii) Establish criteria for municipal prioritization of stormwater improvements of municipal roads. The Secretary shall base the criteria on the water quality impacts of a stormwater discharge, the current state of a municipal road, the priority of a municipal road or stormwater project in any existing transportation capital plan developed by a municipality, and the benefits of the stormwater improvement to the life of the municipal road. (iv) Require each municipality to submit to the Secretary and periodically update its implementation plan for stormwater improvements. (B) The Secretary may require an individual permit for a stormwater improvement at any time under subsection (e) of this section. An individual permit shall include site-specific standards for the stormwater improvement. (C) All municipalities shall apply for coverage under the municipal road general permit on or before July 1, 2021. (D) As used in this subdivision (g)(2), “municipality” means a city, town, or village. (3) Within 120 days after the adoption by the Secretary of the rules required under subsection (f) of this section, the Secretary shall issue a general permit under this section for discharges of stormwater from impervious surface of three or more acres in size, when the stormwater discharge previously was not permitted or was permitted under an individual permit or general permit that did not incorporate the requirements of the 2002 Stormwater Management Manual or any subsequently adopted Stormwater Management Manual. Under the general permit, the Secretary shall: (A) Establish a schedule for implementation of the general permit by geographic area of the State. The schedule shall establish the date by which an owner of impervious surface shall apply for coverage under this subdivision (3). The schedule established by the Secretary shall require an owner of impervious surface subject to permitting under this subdivision (3) to obtain coverage by the following dates: (i) for impervious surface located within the Lake Champlain watershed, the Lake Memphremagog watershed, or the watershed of a stormwater-impaired water on or before October 1, 2028; and (ii) for impervious surface located within all other watersheds of the State, not later than October 1, 2038, or not later than five years after a binding stormwater-specific waste-load allocation has been established for that watershed, whichever occurs first. (B) Establish criteria and technical standards, such as best management practices, for implementation of stormwater improvements for the retrofitting of impervious surface subject to permitting under this subdivision (3). (C) Require that a discharge of stormwater from impervious surface subject to the requirements of this section comply with the standards of subsection (h) of this section for redevelopment of or renewal of a permit for existing impervious surface. (D) Allow the use of stormwater impact fees, offsets, and phosphorus credit trading within the watershed of the water to which the stormwater discharges or runs off. (h) Permit requirements. An individual or general stormwater permit shall: (1) Be valid for a period of time not to exceed five years. (2) For discharges of regulated stormwater to a stormwater-impaired water, for discharges of phosphorus to Lake Champlain or Lake Memphremagog, or for discharges of phosphorus to a water that contributes to the impairment of Lake Champlain or Lake Memphremagog: (A) In which no TMDL, watershed improvement permit, or water quality remediation plan has been approved, require that the discharge shall comply with the following discharge standards: (i) A new discharge or the expanded portion of an existing discharge shall satisfy the requirements of the Stormwater Management Manual and shall not increase the pollutant load in the receiving water for stormwater. (ii) For redevelopment of or renewal of a permit for existing impervious surface, the discharge shall satisfy on-site the water quality, recharge, and channel protection criteria set forth in the Stormwater Management Manual that are determined to be technically feasible by an engineering feasibility analysis conducted by the Agency, and the discharge shall not increase the pollutant load in the receiving water for stormwater. (B) In which a TMDL or water quality remediation plan has been adopted, require that the discharge shall comply with the following discharge standards: (i) For a new discharge or the expanded portion of an existing discharge, the discharge shall satisfy the requirements of the Stormwater Management Manual, and the Secretary shall determine that there are sufficient pollutant load allocations for the discharge. (ii) For redevelopment of or renewal of a permit for existing impervious surface, the Secretary shall determine that there are sufficient pollutant load allocations for the discharge and the Secretary shall include any requirements that the Secretary deems necessary to implement the TMDL or water quality remediation plan. (3) Contain requirements necessary to comply with the minimum requirements of the rules adopted under this section, the Vermont Water Quality Standards, and any applicable provision of the Clean Water Act. (i) Disclosure of violations. The Secretary may, at his or her discretion and as necessary to assure achievement of the goals of the program and compliance with State law and the federal Clean Water Act, deny an application for the discharge of regulated stormwater under this section if review of the applicant’s compliance history indicates that the applicant is discharging regulated stormwater in violation of this chapter or is the holder of an expired permit for an existing discharge of regulated stormwater. (j) Presumption. In any appeal under this chapter, an individual permit issued under subdivisions (c)(1) and (c)(5) of this section shall have a rebuttable presumption in favor of the permittee that the discharge does not cause or contribute to a violation of the Vermont Water Quality Standards for the receiving waters with respect to the discharge of regulated stormwater runoff, provided that the discharge is to a water that is not principally impaired due to stormwater. (k) Report on treatment practices. As part of the report required under section 1389a of this title, the Secretary annually shall report the following: (1) whether the phosphorus load from new development permitted under this section by the Secretary in the Lake Champlain watershed in the previous State fiscal year is achieving at least a 70 percent average phosphorus load reduction; (2) the estimated total phosphorus load reduction from new development, redevelopment, and retrofit of impervious surface permitted under this section in the previous State fiscal year; and (3) the number of projects and the percentage of projects as a whole that implemented Tier 1 stormwater treatment practices, Tier 2 stormwater treatment practices, or Tier 3 stormwater treatment practices in the previous State fiscal year. Added 1981, No. 222 (Adj. Sess.), § 25; amended 1987, No. 282 (Adj. Sess.), § 14; 1999, No. 114 (Adj. Sess.), § 3, eff. May 19, 2000; 2001, No. 61, § 43, eff. June 16, 2001; 2001, No. 109 (Adj. Sess.), §§ 2-4, eff. May 16, 2002; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 115 (Adj. Sess.), § 28, eff. Jan. 31, 2005; 2003, No. 140 (Adj. Sess.), § 1; 2005, No. 78, § 14, eff. June 24, 2005; 2005, No. 154 (Adj. Sess.), §§ 2, 3, eff. May 17, 2006; 2007, No. 43, § 1, eff. May 23, 2007; 2007, No. 130 (Adj. Sess.), § 5, eff. May 12, 2008; 2011, No. 53, § 3, eff. May 27, 2011; 2011, No. 91 (Adj. Sess.), § 1, eff. Jan. 15, 2012; 2011, No. 138 (Adj. Sess.), § 6, eff. May 14, 2012; 2013, No. 142 (Adj. Sess.), § 87; 2013, No. 190 (Adj. Sess.), § 20, eff. June 16, 2014; 2013, No. 199 (Adj. Sess.), § 30; 2015, No. 64, § 31; 2017, No. 181 (Adj. Sess.), § 2, eff. May 28, 2018; 2017, No. 181 (Adj. Sess.), § 4, eff. July 1, 2022; 2021, No. 170 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 6, § 79, eff. July 1, 2023; 2023, No. 79, § 8, eff. July 1, 2023; 2025, No. 37, § 1, eff. July 1, 2025; 2025, No. 67, § 12, eff. July 1, 2025.

10 V.S.A. § 1264b Stormwater Fund

1264b. Stormwater Fund (a) A fund to be known as the Stormwater Fund is created in the State Treasury to be expended by the Secretary of Natural Resources. The Fund shall be administered by the Secretary of Natural Resources. The Fund shall consist of: (1) stormwater impact fees paid by permittees to meet applicable permitting standards for the discharges of regulated stormwater runoff to the stormwater-impaired waters of the State and Lake Champlain and waters that contribute to the impairment of Lake Champlain; (2) such sums as may be appropriated or transferred to the Fund by the General Assembly, the State Emergency Board, or the Joint Fiscal Committee during such times when the General Assembly is not in session; (3) principal and interest received from the repayment of loans made from the Fund; (4) private gifts, bequests, and donations made to the State for any of the purposes for which the Fund was established; and (5) other funds from any public or private source intended for use for any of the purposes for which the Fund has been established. (b) The Fund shall maintain separate accounts for each stormwater-impaired water and each phosphorus-impaired lake segment of Lake Champlain and the monies in each account may only be used to fund offsets in the designated water. Offsets shall be designed to reduce the sediment load, phosphorus load, or hydrologic impact of regulated stormwater runoff in the receiving water. All balances in the Fund at the end of any fiscal year shall be carried forward and remain a part of the Fund. Interest earned by the Fund shall be deposited into the Fund. (c) The Secretary may authorize disbursements from the Fund to offsets that meet the requirements of the rule adopted pursuant to subsection 1264(f) of this title. The public funds used to capitalize the Fund shall: (1) be disbursed only to an offset that is owned or operated by a municipality or a governmental subdivision, agency, or instrumentality; and (2) be disbursed only to reimburse a municipality or a governmental subdivision, agency, or instrumentality for those funds provided by the municipality or governmental subdivision, agency, or instrumentality to complete or construct an offset. (d) A municipality or governmental subdivision, agency, or instrumentality may, on an annual basis, reserve capacity in an offset that the municipality or governmental subdivision, agency, or instrumentality operates or owns and that meets the requirements of the rule adopted pursuant to subsection 1264(f) of this title. A municipality or governmental subdivision, agency, or instrumentality reserving offset capacity shall inform the Secretary of the offset capacity for which the offset will not receive disbursements from the Fund for nonmunicipal discharges. (e) Eligible persons may apply for a grant from the Fund to design and implement an offset. The Fund may be used to match other public and private sources of funding for such projects. (f) A discharger that pays a stormwater impact fee to the Fund in order to receive a permit for the discharge of regulated stormwater runoff may receive reimbursement of that fee if the discharger fails to discharge under the stormwater discharge permit, if the discharger notifies the Secretary of the abandonment of the discharge permit, and if the Secretary determines that unobligated monies for reimbursement remain in the Fund. Added 2003, No. 140 (Adj. Sess.), § 3; amended 2017, No. 67, § 12.

10 V.S.A. § 1264d Ecosystem Restoration and Water Quality Improvement Special Fund

1264d. Ecosystem Restoration and Water Quality Improvement Special Fund (a) Purpose. The federal and State requirements for the permitting of Municipal Separate Storm Sewer Systems (MS4) require certain communities to collect water flow and precipitation data at monitoring stations on stormwater-impaired waters in order to demonstrate compliance with stormwater Total Maximum Daily Load allocations. The costs, equipment, and expertise to conduct monitoring can be prohibitive to individual communities. The establishment of the Ecosystem Restoration and Water Quality Improvement Special Fund is intended to ensure municipal compliance with the monitoring requirements for MS4 communities while reducing the fiscal and other pressures on these communities. (b) Creation of Fund; purpose. There is created an Ecosystem Restoration and Water Quality Improvement Special Fund, to be managed in accordance with the requirements of 32 V.S.A. chapter 7, subchapter 5, and to be administered by the Secretary of Natural Resources. The Ecosystem Restoration and Water Quality Improvement Special Fund shall be used to provide assistance to municipalities in fulfilling the monitoring, education, and other requirements of the MS4 permitting program. The Secretary is authorized to collect monies for the Fund and to make disbursements from the Fund directly related to the Secretary’s oversight of monitoring required under the MS4 program. (c) Participation by municipalities. (1) A municipality may through a memorandum of understanding (MOU) with the Secretary of Natural Resources agree to contribute to the Ecosystem Restoration and Water Quality Improvement Special Fund to perform the monitoring and other data collection that a municipality is required to conduct under the MS4 permitting program. Under the MOU, a municipality shall commit to contribute to the Fund the municipality’s share of funding required by the Agency of Natural Resources to perform MS4 monitoring and provide oversight and administration. Memoranda of understanding shall serve to coordinate funding and work among municipalities, the State, and any entity contracted with or by a municipality or the State for the purposes of improving water quality. (2) At a minimum, each memorandum of understanding developed under this section shall contain the following: (A) the purpose of the memorandum of understanding; (B) a description of the work to be performed under the memorandum of understanding; (C) a description of how the coordinated work proposed under the memorandum of understanding will improve water quality; (D) the entities eligible to participate under the memorandum of understanding; and (E) the amount of required contribution by the entity, based on a funding formula developed in consultation with entities eligible to participate in the program. (3) A memorandum of understanding developed under this section shall be posted on the Agency website and subject to a comment period of not less than 30 days. (4) All participating entities, and the Agency, shall sign any final memoranda of understanding. (d) Fund proceeds. (1) The Ecosystem Restoration and Water Quality Improvement Special Fund deposits shall consist of: (A) payment of costs by participating MS4 communities; (B) monies appropriated by the General Assembly; and (C) any other source, public or private. (2) Unexpended balances and interest earned on the Fund shall be retained in the Fund for use in accordance with the purposes of the Fund. (e) Fund accounts; expenditures. (1) The Secretary shall maintain separate accounts within the Ecosystem Restoration and Water Quality Improvement Special Fund for each memorandum of understanding. The Secretary may establish within the Fund an account for the purpose of conducting education and outreach related to improvements to water quality. (2) Expenditures from an account shall be limited to the purposes established by the memorandum of understanding associated with that account. The Secretary is prohibited from disbursing funds on behalf of an entity that failed to contribute its assigned allocation pursuant to the funding formula established by the Secretary or for any purpose not associated with that account. Added 2013, No. 171 (Adj. Sess.), § 1.

10 V.S.A. § 1265 Temporary pollution permits

1265. Temporary pollution permits (a) A person who does not qualify for or has been denied a waste discharge permit under section 1263 of this title may apply to the Secretary for a temporary pollution permit. Application shall be made on a form prescribed by the Secretary and shall contain information as the Secretary may require. The person shall pay to the Secretary at the time of submitting the application a fee in accordance with 3 V.S.A. § 2822. The Secretary may require the person to submit any additional information he or she considers necessary for proper evaluation. (b) When an application is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title. The Secretary may require the applicant to submit any additional information that the Secretary considers necessary, and may refuse to grant a permit until the information is furnished and evaluated. (c) After consideration of the application, any additional information furnished and all written comments submitted, and the record of any public hearings the Secretary shall grant or deny a temporary pollution permit. No such permit shall be granted by the Secretary unless he or she affirmatively finds: (1) the proposed discharge does not qualify for a discharge permit; (2) the applicant is constructing, installing, or placing into operation or has submitted plans and reasonable schedules for the construction, installation, or operation of an approved pollution abatement facility or alternate waste disposal system, or that the applicant has a waste for which no feasible and acceptable method of treatment or disposal is known or recognized but he or she is making a bona fide effort through research and other means to discover and implement such a method; (3) the applicant needs permission to pollute the waters of the State for a period of time necessary to complete research, planning, construction, installation, or the operation of an approved and acceptable pollution abatement facility or alternate waste disposal system; (4) there is no present, reasonable, alternative means of disposing of the waste other than by discharging it into the waters of the State; (5) the denial of a temporary pollution permit would work an extreme hardship upon the applicant; (6) the granting of a temporary pollution permit will result in some public benefit; (7) the discharge will not be unreasonably destructive to the quality of the receiving waters; (8) the proposed discharge will not violate any applicable provisions of State or federal laws or regulations. (d) Any temporary pollution permit issued shall: (1) Specify the manner, nature, volume, and frequency of the discharge permitted. (2) Require the proper operation and maintenance of any interim or temporary pollution abatement facility or system required by the Secretary as a condition of the permit, to include but not to be limited to all terms and conditions authorized under subsection 1263(c) of this title. (3) Require the permit holder to maintain monitoring equipment and make and file such records and reports as the Secretary deems necessary to ensure compliance with the terms of the permit and evaluate the effect of the discharge upon the receiving waters. (4) Be valid only for the period of time, not exceeding five years, necessary for the permit holder to place into operation the facility, system, or method required to obtain a permit under section 1263 of this title. However, the terms of the permit may be amended upon application of the permit holder and a finding by the Secretary that the amendment meets all of the requirements of subsection (c) of this section. Upon application of the permit holder and a finding by the Secretary that the amendment meets all of the requirements of subsection (c) of this section and that there is a substantial change in circumstances not under the control of the permit holder, the terms of the permit may be amended following all determinations and procedures for initial permit application. (5) [Repealed.] (6) Contain other requirements, restrictions, and conditions that the Secretary deems necessary and desirable to protect the quality of the receiving waters and promote the public interest. (e), (f) [Repealed.] Added 1969, No. 252 (Adj. Sess.), § 12, eff. April 4, 1970; amended 1971, No. 93, § 1, eff. April 22, 1971; 1971, No. 255 (Adj. Sess.), §§ 4, 5, 10, 11, eff. April 11, 1972; 1973, No. 103, § 7, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1987, No. 76, § 5; 1989, No. 278 (Adj. Sess.), § 2; 2013, No. 34, § 6; 2015, No. 150 (Adj. Sess.), § 17, eff. Jan. 1, 2018.

10 V.S.A. § 1266a Discharges of phosphorus

1266a. Discharges of phosphorus (a) No person directly discharging into the drainage basins of Lake Champlain or Lake Memphremagog shall discharge any waste that contains a phosphorus concentration in excess of 0.80 milligrams per liter on a monthly average basis with the following exceptions: (1) discharges of less than 200,000 gallons per day, permitted on or before July 1, 1991; (2) discharges from a municipally owned aerated lagoon type secondary sewage treatment plant in the Lake Memphremagog drainage basin, permitted on or before July 1, 1991, unless the plant is modified to use a technology other than aerated lagoons; and (3) discharges of less than 35,000 gallons per day from a municipally owned secondary sewage treatment plant using recirculating sand filters in the Lake Champlain drainage basin, permitted on or before July 1, 2001, unless the plant is modified to use a technology other than recirculating sand filters. (b) Notwithstanding any provision of subsection (a) of this section to the contrary, the Secretary shall establish effluent phosphorus wasteload allocations or concentration limits within any drainage basin in Vermont, as needed to achieve wasteload allocations in a total maximum daily load document approved by the U.S. Environmental Protection Agency, or as needed to attain compliance with water quality standards adopted by the Secretary pursuant to chapter 47 of this title. (c) [Repealed.] Added 1977, No. 39, § 6, eff. April 19, 1977; amended 1981, No. 222 (Adj. Sess.), § 25; 1991, No. 261 (Adj. Sess.), § 2; 1997, No. 51, § 2; 2001, No. 61, § 47, eff. June 16, 2001; 2003, No. 63, § 53, eff. June 11, 2003; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2015, No. 64, § 47; 2023, No. 121 (Adj. Sess.), § 15b, eff. July 1, 2024.

10 V.S.A. § 1266b Application of phosphorus fertilizer

1266b. Application of phosphorus fertilizer (a) Definitions. As used in this section: (1) “Compost” means a stable humus-like material produced by the controlled biological decomposition of organic matter through active management, but shall not mean sewage, septage, or materials derived from sewage or septage. (2) “Fertilizer” has the same meaning as in 6 V.S.A. § 363(7). (3) “Impervious surface” means those manmade surfaces, including paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates. (4) “Manipulated animal or vegetable manure” means manure that is ground, pelletized, mechanically dried, supplemented with plant nutrients or substances other than phosphorus or phosphate, or otherwise treated to assist with the use of manure as fertilizer. (5) “Nitrogen fertilizer” means fertilizer labeled for use on turf in which the nitrogen content consists of less than 15 percent slow-release nitrogen. (6) “Phosphorus fertilizer” means fertilizer labeled for use on turf in which the available phosphate content is greater than 0.67 percent by weight, except that “phosphorus fertilizer” shall not include compost or manipulated animal or vegetable manure. (7) “Slow-release nitrogen” means nitrogen in a form that is released over time and that is not water-soluble nitrogen. (8)(A) “Turf” means land planted in closely mowed, managed grasses, including residential and commercial property and publicly owned land, parks, and recreation areas. (B) “Turf” shall not include: (i) pasture, cropland, land used to grow sod, or any other land used for agricultural production; or (ii) private and public golf courses. (9) “Water” or “water of the State” means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, and all bodies of surface waters, artificial or natural, that are contained within, flow through, or border upon the State or any portion of it. (10) “Water-soluble nitrogen” means nitrogen in a water-soluble form that does not have slow-release properties. (b) Application of phosphorus fertilizer. (1) No person shall apply phosphorus fertilizer to turf except for: (A) phosphorus fertilizer necessary for application to turf that is deficient in phosphorus as shown by a soil test performed no more than 18 months before the application of the fertilizer; or (B) phosphorus fertilizer that is labeled as starter fertilizer and that is intended for application to turf when a property owner or an agent of a property owner is first establishing grass in turf via seed or sod procedures and the application of starter fertilizer is limited to the first growing season. (2) On or before October 1, 2011, the Secretary of Agriculture, Food and Markets, after consultation with the University of Vermont, shall approve a standard, that may authorize multiple testing methods, for the soil test required under subdivision (1)(A) of this subsection. (c) Application of nitrogen fertilizer. No person shall apply nitrogen fertilizer to turf. (d) Application of fertilizer to impervious surface; in proximity to water; and seasonal restriction. No person shall apply any fertilizer: (1) to an impervious surface. Fertilizer applied or released to an impervious surface shall be immediately collected and returned to a container for legal application. This subdivision shall not apply to activities regulated under the required agricultural practices as those practices are defined by the Secretary of Agriculture, Food and Markets under 6 V.S.A. § 4810; (2) to turf before April 1 or after October 15 in any calendar year or at any time when the ground is frozen; or (3) to turf within 25 feet of a water of the State. (e) Retail display of phosphorus fertilizer. If a retailer sells or offers for sale phosphorus fertilizer to consumers and consumers have direct access to the phosphorus fertilizer, the retailer shall: (1) In the retail area where phosphorus fertilizer is accessible by a consumer, display nonphosphorus fertilizer separately from phosphorus fertilizer. (2) Post in the retail location, if any, where phosphorus fertilizer is accessible by the consumer a clearly visible sign that is at least eight and one-half inches by 11 inches in size and that states “Phosphorus runoff poses a threat to water quality. Most Vermont lawns do not benefit from fertilizer containing phosphorus. Under Vermont law, fertilizer containing phosphorus shall not be applied to lawn unless applied to new lawn or lawn that is deficient for phosphorus as indicated by a soil test.” (f) Violations. A person who knowingly and intentionally violates this section shall be subject to a civil penalty of not more than $500.00 per violation. A violation of this section shall be enforceable in the Judicial Bureau pursuant to the provisions of 4 V.S.A. chapter 29 in an action that may be brought by the Agency of Agriculture, Food and Markets or the Agency of Natural Resources. Added 2011, No. 37, § 1, eff. Jan. 1, 2012; amended 2015, No. 64, § 13; 2025, No. 91 (Adj. Sess.), § 49, eff. Apr. 30, 2026.

10 V.S.A. § 1267 Revocation of permits

1267. Revocation of permits The Secretary may, after notice and opportunity for public hearing, under 3 V.S.A. § 814(c), revoke, modify, or suspend any permit issued by the Secretary pursuant to this subchapter upon finding that the permit holder submitted false or inaccurate information in the application or has violated any requirement, restrictions, or condition of the permit or that there is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. The Secretary shall impose conditions as the Secretary deems reasonable for regulating the discharges of a person whose permit has been revoked, modified, or suspended. Revocation shall be effective upon actual notice thereof to the permit holder. When the Secretary determines, after consultation with the Commissioner of Health, that a violation threatens the public health, the Secretary shall suspend the permit until the permit holder removes the risk. Added 1969, No. 252 (Adj. Sess.), § 13, eff. April 4, 1970; amended 1973, No. 103, § 8, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 8, eff. May 17, 1986.

10 V.S.A. § 1268 Emergency permits

1268. Emergency permits When a discharge permit holder finds that pollution abatement facilities require repairs, replacement, or other corrective action in order for them to continue to meet standards specified in the permit, the holder may apply in the manner specified by the Secretary for an emergency pollution permit for a term sufficient to effect repairs, replacements, or other corrective action. The Secretary shall proceed in accordance with chapter 170 of this title. No emergency pollution permit shall be issued unless the applicant certifies and the Secretary finds that: (1) there is no present, reasonable alternative means of disposing of the waste other than by discharging it into the waters of the State during the limited period of time of the emergency; (2) the denial of an emergency pollution permit would work an extreme hardship upon the applicant; (3) the granting of an emergency pollution permit will result in some public benefit; (4) the discharge will not be unreasonably harmful to the quality of the receiving waters; and (5) the cause or reason for the emergency is not due to willful or intended acts or omissions of the applicant. Added 1981, No. 222 (Adj. Sess.), § 25; amended 2015, No. 150 (Adj. Sess.), § 18, eff. Jan. 1, 2018; 2019, No. 14, § 31, eff. April 30, 2019.

10 V.S.A. § 1269 Appeals

1269. Appeals Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title. Added 1969, No. 252 (Adj. Sess.), § 14, eff. April 4, 1970; 1981, No. 222 (Adj. Sess.), § 25; 2003, No. 115 (Adj. Sess.), § 29, eff. Jan. 31, 2005.

10 V.S.A. § 1271 Extension of municipal sewer system; filing map; approval

1271. Extension of municipal sewer system; filing map; approval No municipality shall extend its sewer system until it has filed a copy of its plan for the extension with the Secretary and has received the Secretary’s approval. Amended 1961, No. 100, § 2; 1973, No. 103, § 9, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25.

10 V.S.A. § 1272 Regulation of activities causing discharge or affecting significant wetlands

1272. Regulation of activities causing discharge or affecting significant wetlands If the Secretary finds that any person’s action, or an activity, results in the construction, installation, operation, or maintenance of any facility or condition that reasonably can be expected to create or cause a discharge to waters in violation of this subchapter, or to violate the Secretary’s rules under section 905b of this title relating to significant wetlands, the Secretary may issue an order establishing reasonable and proper methods and procedures for the control of that activity and the management of substances used therein that cause discharges or violations of the Secretary’s rules with respect to significant wetlands in order to reduce or eliminate those discharges and rule violations with respect to significant wetlands. Added 1969, No. 252 (Adj. Sess.), § 15, eff. April 4, 1970; amended 1971, No. 255 (Adj. Sess.), § 6, eff. April 11, 1972; 1973, No. 103, § 10, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 188 (Adj. Sess.), § 4; 2003, No. 115 (Adj. Sess.), § 30, eff. Jan. 31, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.

10 V.S.A. § 1274 Enforcement

1274. Enforcement (a) Notwithstanding any other provision or procedure set forth in this chapter, if the Secretary finds that any person has discharged or is discharging any waste or damaging the ecological functions of wetlands in violation of this chapter or chapter 37 of this title, or that any person has failed to comply with any provisions of any order or permit issued in accordance with this chapter or chapter 37 of this title, the Secretary may bring suit in the Superior Court in any county where the discharge, damage to wetlands, or noncompliance has occurred to enjoin the discharge, obtain compliance, and mandate restoration of damaged wetlands. The suit shall be brought by the Attorney General in the name of the State. The court may issue a temporary injunction or order in any such proceedings and may exercise all the plenary powers available to it in addition to the power to: (1) Enjoin future discharges. (2) Order the design, construction, installation, or operation of pollution abatement facilities or alternate waste disposal systems. (3) Order the restoration of damaged wetlands. Wetlands damaged in violation of chapter 37 of this title may be ordered restored, enhanced, or created. (4) Order the removal of all wastes discharged and the restoration of water quality. (5) Fix and order compensation for any public property destroyed, damaged, or injured or any aquatic or terrestrial biota harmed or destroyed. Compensation for fish taken or destroyed shall be deposited into the Fish and Wildlife Fund. (6) Assess and award punitive damages. (7) Levy civil penalties not to exceed $10,000.00 a day for each day of violation. (8) Order reimbursement to any agency of federal, State, or local government from any person whose discharge caused governmental expenditures. (b) The Secretary, by rule, shall define those violations that are significant, based upon the magnitude, duration, consequences, and causes of the violation. When a significant violation occurs, the Secretary may initiate proceedings to compel compliance by and seek penalties from the violator. A court, upon finding that such a violation has occurred, shall order compliance and retain jurisdiction to assure that compliance schedules are met. The court also shall impose penalties. Action under this section shall not restrict the Secretary’s authority to proceed under section 1267 of this title. Added 1969, No. 252 (Adj. Sess.), § 16, eff. April 4, 1970; amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 103, § 11, eff. April 24, 1973; 1973, No. 112, § 4, eff. April 25, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), §§ 9, 10, eff. May 17, 1986; 1989, No. 205 (Adj. Sess.), § 3; 2023, No. 121 (Adj. Sess.), § 16, eff. July 1, 2024.

10 V.S.A. § 1275 Penalty

1275. Penalty (a) Any person who violates any provision of this subchapter or who fails, neglects, or refuses to obey or comply with any order or the terms of any permit issued in accordance with this subchapter, shall be fined not more than $25,000.00 or be imprisoned not more than six months, or both. Each violation may be a separate offense and, in the case of a continuing violation, each day’s continuance may be deemed a separate offense. (b) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subchapter, or by any permit, rule, regulation, or order issued under this subchapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this subchapter or by any permit, rule, regulation, or order issued under this subchapter, shall upon conviction, be punished by a fine of not more than $10,000.00 or by imprisonment for not more than six months, or by both. Amended 1969, No. 252 (Adj. Sess.), § 9, eff. April 4, 1970; 1973, No. 103, § 12, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25.

10 V.S.A. § 1276 Construction

1276. Construction Nothing contained in this subchapter shall be construed to prohibit or require a permit for the proper use of waters for customary sport and recreational purposes such as fishing, swimming, and boating if the classification of the water permits that usage. In the event of an irreconcilable conflict between the provisions of this subchapter and 3 V.S.A. chapter 25, the provisions of this subchapter shall prevail. Nothing in this subchapter shall be construed to affect, impair, or abridge the right of riparian or littoral owners or others to sue for damages or injunctions or exercise any other common law or statutory remedy to abate and recover damages for water pollution. If a permit holder is required to pay such damages by judgment or order of a court, the amount of damages shall be a credit against any pollution charges due under this subchapter. Any permit granted under this subchapter shall not be construed as a vested right and shall be subject to continuing regulations and control by the State. Added 1969, No. 252 (Adj. Sess.), § 17, eff. April 4, 1970; amended 1981, No. 222 (Adj. Sess.), § 25.

10 V.S.A. § 1277 Municipal sewage treatment plants

1277. Municipal sewage treatment plants If, after public hearing, the Secretary finds that: (1) any municipality is discharging untreated or improperly treated sewage or stormwater into waters of the State or that conditions exist in any municipality or combination of municipalities that cause or threaten to cause a reduction in the quality of ground or surface waters; and (2) the discharge or condition can most effectively be corrected or abated by the construction and installation of a sewage collection and treatment system or a stormwater collection and treatment system or by other management practices, and after giving due regard to regional development factors, he or she may order the municipality or combination of municipalities to provide the facilities or undertake the practices necessary to correct or abate the discharge or condition. In the case of correcting or abating a discharge of stormwater runoff not created by a municipality, the Secretary may order the municipality or combination of municipalities to provide the facilities or undertake the practices necessary to correct or abate the discharge or condition if the municipality or combination of municipalities has in place a mechanism to recover the costs from users. The order shall include a reasonable time schedule for action by the municipality or municipalities to place the facilities into operation. This section does not abridge any duty or remedy created by this subchapter. Added 1969, No. 252 (Adj. Sess.), § 22, eff. April 4, 1970; amended 1981, No. 222 (Adj. Sess.), § 25; 2001, No. 109 (Adj. Sess.), § 14, eff. May 16, 2002.

10 V.S.A. § 1278 Operation, management, and emergency response plans for pollution abatement center

1278. Operation, management, and emergency response plans for pollution abatement center (a) Findings. The General Assembly finds that the State shall protect Vermont’s lakes, rivers, and streams from pollution by implementing programs to prevent sewage spills to Vermont waters and by requiring emergency planning to limit the damage from spills which do occur. In addition, the General Assembly finds it to be cost effective and generally beneficial to the environment to continue State efforts to ensure energy efficiency in the operation of treatment facilities. (b) Planning requirement. Effective July 1, 2007, the Secretary of Natural Resources shall, as part of a permit issued under section 1263 of this title, require a pollution abatement facility, as that term is defined in this section, to prepare and implement an operation, management, and emergency response plan for those portions of each pollution abatement facility that include the treatment facility, the sewage pumping stations, and the sewer line stream crossing. As used in this section, “pollution abatement facility” means municipal sewage treatment plants, pumping stations, interceptor and outfall sewers, and attendant facilities as prescribed by the Department to abate pollution of the waters of the State. (c) Collection system planning. As of July 1, 2010, the Secretary of Natural Resources, as part of a permit issued under section 1263 of this title, shall require a pollution abatement facility, as that term is defined in subsection (b) of this section, to prepare and implement an operation, management, and emergency response plan for that portion of each pollution abatement facility that includes the sewage collection systems. The requirement to develop a plan under this subsection shall be included in a permit issued under section 1263 of this title, and a plan developed under this subsection shall be subject to public review and inspection. (d) Plan components. An operation, management, and emergency response plan shall include the following: (1) Identification of those elements of the facility, including collection systems that are determined to be prone to failure based on installation, age, design, or other relevant factors. (2) Identification of those elements of the facility identified under subdivision (1) of this subsection that, if one or more failed, would result in a significant release of untreated or partially treated sewage to surface waters of the state. (3) A requirement that the elements identified in subdivision (2) of this subsection shall be inspected in accordance with a schedule approved by the Secretary of Natural Resources. (4) An emergency contingency plan to reduce the volume of a detected spill and to mitigate the effect of such a spill on public health and the environment. (e) [Repealed.] Added 2005, No. 154 (Adj. Sess.), § 5a, eff. July 1, 2006; amended 2007, No. 130 (Adj. Sess.), § 8, eff. May 12, 2008; 2007, No. 209 (Adj. Sess.), § 5; 2015, No. 86 (Adj. Sess.), § 2, eff. May 4, 2016; 2015, No. 103 (Adj. Sess.), § 4, eff. May 12, 2016; 2017, No. 185 (Adj. Sess.), § 17, eff. May 28, 2018.

10 V.S.A. § 1280 Emergency actions

1280. Emergency actions Notwithstanding any other provision of this chapter, upon receipt of evidence that a pollution source or combination of sources, including industrial users of publicly owned treatment works, is presenting an imminent and substantial endangerment to water or groundwaters or to the health of persons or to the welfare of persons by endangering their livelihood, the Secretary may bring suit on behalf of the State in Superior Court in the county where the source is located to immediately restrain any person causing or contributing to the alleged pollution to stop the discharge or introduction of the waste causing or contributing to that pollution or to take other action as may be necessary. Added 1973, No. 103, § 15, eff. April 24, 1973; amended 1981, No. 222 (Adj. Sess.), § 25.

10 V.S.A. § 1281 Oil and other hazardous materials

1281. Oil and other hazardous materials (a) The Secretary shall adopt rules relating to the handling, storage, and transport of oil and other hazardous materials within the State of Vermont for the purpose of preventing the discharge of any oil and other hazardous materials directly or indirectly into the waters of the State. The Secretary shall coordinate any proposed rule relating to oil or other hazardous materials with the Secretary of Human Services and the Commissioner of Labor to ensure the absence of conflict. (b) Any rule adopted under this section or section 1282 of this title shall be presented immediately to the Clerk of the House of Representatives and the Secretary of the Senate who shall immediately publish it in their respective calendars. If the General Assembly is not in session at the time a rule or regulation is adopted, publication in the calendars shall occur within 10 days after the General Assembly next convenes. The General Assembly may repeal a rule or regulation. Added 1973, No. 112, § 5, eff. April 25, 1973; amended 1981, No. 222 (Adj. Sess.), § 25; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.

10 V.S.A. § 1282 Contingency plans; adoption

1282. Contingency plans; adoption (a) The Secretary shall develop and implement a statewide contingency plan that shall provide for the coordination of the activities of State agencies and municipalities for the purpose of controlling, undertaking cleanup operations, or otherwise mitigating the effects of a spillage of oil or other hazardous materials that is likely to reach the waters of the State either directly or indirectly. (b) The plan developed in accordance with this section shall be submitted to and approved by the Governor prior to becoming effective. Added 1973, No. 112, § 6, eff. April 25, 1973; amended 1981, No. 222 (Adj. Sess.), § 25.

10 V.S.A. § 1283 Contingency fund

1283. Contingency fund (a) The Environmental Contingency Fund is established within the control of the Secretary. Subject to the limitations contained in subsection (b) of this section, disbursements from the Fund may be made by the Secretary to undertake actions that the Secretary considers necessary to investigate or mitigate, or both, the effects of hazardous material releases to the environment. (b) Disbursements under this subsection may be made for emergency purposes or to respond to other than emergency situations; provided, however, that disbursements in response to an individual situation that is not an emergency situation shall not exceed $350,000.00 for a response to a release of a hazardous material, unless the Secretary has received the approval of the General Assembly, or the Joint Fiscal Committee, in case the General Assembly is not in session. Furthermore, the balance in the Fund shall not be drawn below the amount of $100,000.00, except in emergency situations. If the balance of the Fund becomes insufficient to allow a proper response to one or more emergencies that have occurred, the Secretary shall appear before the Emergency Board, as soon as possible, and shall request that necessary funds be provided. Within these limitations, disbursements from the Fund may be made: (1) to initiate spill control procedures, removal actions, and remedial actions to clean up spills of hazardous materials where the discharging party is unknown, cannot be contacted, is unwilling to take action, or does not take timely action that the Secretary considers necessary to mitigate the effects of the spill; (2) to investigate an actual or threatened release to the environment of any pollutant or contaminant that may present an imminent and substantial danger to the public health and welfare or to the environment. The Secretary may use this Fund for those investigations necessary to: (A) determine the magnitude and extent of the existing and potential public exposure and risk and environmental damage; (B) determine appropriate remedial action to prevent or minimize the impact of such releases; or (C) to prescribe other environmentally sound measures to protect the long-range public health and welfare or to ensure environmental protection, or to prescribe additional investigations to determine same; (3) to take appropriate removal action to prevent or minimize the immediate impact of such releases to the public health and the environment; (4) to take appropriate remedial action; (5) to reimburse private persons or municipalities for expenditures made to provide alternative water supplies or to take other emergency measures deemed necessary by the Secretary, in consultation with the Commissioner of Health, to protect the public health from hazardous material. Reimbursement under this subdivision shall be pursuant to criteria adopted by rule of the Secretary and by rule of the Commissioner establishing, among other provisions, requirements that alternative sources of reimbursement are pursued in a diligent manner; (6) to pay administrative and field supervision costs incurred by the Secretary or by a municipality at the direction of the Secretary in carrying out the provisions of this subchapter. Annual disbursements, for these costs, to the Department of Environmental Conservation under this subdivision shall not exceed 2.5 percent of annual revenues; (7) to pay costs of management oversight provided by the State for investigation and cleanup efforts conducted by voluntary responsible parties; (8) to pay costs of emergency response operations and equipment in the spill response program; (9) to pay costs of required capital contributions and operation and maintenance when the remedial or response action was taken pursuant to 42 U.S.C. § 9601 et seq.; (10) to pay the costs of oversight or conducting assessment of a natural resource damaged by the release of a hazardous material and being assessed for damages pursuant to section 6615d of this title; or (11) to pay the costs of oversight or conducting restoration or rehabilitation to a natural resource damaged by the release of a hazardous material and being restored or rehabilitated pursuant to section 6615d of this title. (c) The Secretary may bring an action under this section or other available State and federal laws to enforce the obligation to repay the Fund. To the extent compatible with the urgency of the situation, the Secretary shall provide an opportunity for the responsible party or parties to undertake the investigations, removal, and remedial actions under the direction of the Secretary. (d), (e) [Repealed.] (f) Except as provided in subsection 6618(a) of this title, revenues under the hazardous waste tax established under 32 V.S.A. chapter 237 shall be deposited in the Environmental Contingency Fund. The Secretary may reimburse the Fund with funds received from the U.S. Pollution Prevention Revolving Fund authorized by subsection (k) of section 311 of Public Law 92-500, as amended, codified in 1979 as 33 U.S.C. § 1321(k). Monies may be accepted by the Secretary under written agreements with responsible parties for release site cleanup to provide administrative, technical, and management oversight. (g) For purposes of this section: (1) “Emergency” means any release or threatened release of hazardous materials that causes or may cause an immediate and significant risk of harm to human life, health, or to the environment. (2)(A) “Hazardous material” means all petroleum and toxic, corrosive, or other chemicals and related sludge included in any of the following: (i) any substance defined in section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980; (ii) petroleum, including crude oil or any fraction thereof; or (iii) hazardous waste, as determined under subdivision 6602(4) of this title. (B) “Hazardous material” does not include herbicides and pesticides when applied in a manner consistent with good practice conducted in conformity with federal, State, and local laws and regulations and according to manufacturers’ instructions. Nothing in this subdivision (2) shall affect the authority granted and the limitations imposed by section 6608a of this title. (3) “Release” means any intentional or unintentional action or omission resulting in the spilling, leaking, pumping, pouring, emitting, emptying, dumping, or disposing of hazardous materials into the surface or groundwaters, or onto the lands in the State, or into waters outside the jurisdiction of the State when damage may result to the public health, lands, waters, or natural resources within the jurisdiction of the State. “Release” also means the intentional or unintentional action or omission resulting in the spilling, leaking, emission, or disposal of polychlorinated biphenyls (PCBs) from building materials in public schools and approved and recognized independent schools, as those terms are defined in 16 V.S.A. § 11, that were constructed or renovated before 1980. (4) “Remedial action” means those actions consistent with a permanent remedy taken instead of or in addition to removal actions in the event of the improper release or threat of release of a hazardous material into the environment, to prevent or minimize the release of hazardous materials so that they do not migrate or cause substantial danger to present or future public health or welfare or the environment. (5) “Removal action” means the cleanup or removal of released hazardous materials from the environment and such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the environment that may result from the improper release or threat of release of hazardous materials. (h) Receipts from the Redevelopment of Contaminated Properties Program, established under section 6615a of this title, shall be deposited into a separate account of the Fund, named the redevelopment of contaminated properties account. Added 1979, No. 195 (Adj. Sess.), § 5, eff. May 6, 1980; amended 1981, No. 222 (Adj. Sess.), § 25; 1983, No. 205 (Adj. Sess.); 1985, No. 70, §§ 1, 2, eff. May 20, 1985; 1987, No. 282 (Adj. Sess.), § 17, eff. Oct. 1, 1988; 1991, No. 78, § 3; 1991, No. 225 (Adj. Sess.), § 1; 1995, No. 44, § 4, eff. April 20, 1995; 1997, No. 155 (Adj. Sess.), § 35; 2005, No. 135 (Adj. Sess.), §§ 1, 4; 2013, No. 142 (Adj. Sess.), § 88; 2015, No. 154 (Adj. Sess.), § 5, eff. June 1, 2016; 2019, No. 72, § E.711.2; 2021, No. 74, §§ E.709, E.709.2; 2021, No. 185 (Adj. Sess.), § E.709, eff. July 1, 2021.

10 V.S.A. § 1283a Contaminants of Emerging Concern Special Fund

1283a. Contaminants of Emerging Concern Special Fund (a) The Contaminants of Emerging Concern Special Fund is established pursuant to 32 V.S.A. chapter 7, subchapter 5 to provide grants to public water systems responding to or remediating emerging contaminants in a public water supply. The Secretary of Natural Resources shall administer the Fund and may make disbursements from the Fund for the following costs: (1) investigation of an actual or threatened impact to or contamination of natural resources or public assets presented by an emerging contaminant; (2) reimbursement to any person for: (A) expenditures made to provide alternative water supplies or to take other emergency measures deemed necessary by the Secretary to protect human health from emerging contaminants; or (B) expenditures by a public asset to pay for the treatment or disposal of an emerging contaminant; (3) payment of the costs of oversight or conducting assessment of a natural resource where injury has resulted or is likely to result from of an emerging contaminant; or (4) payment of the costs of oversight or conducting restoration, replacement, or rehabilitation of a natural resource injured by an emerging contaminant. (b) The Secretary may bring an action under this section or other available State and federal laws to enforce the obligation to repay the Fund. (c) As used in this section: (1) “Emerging contaminant” means: (A) a hazardous material as defined in subdivision 6602(16) of this title; (B) any constituent for which the Department of Health has established a health advisory; or (C) any constituent that the Secretary determines is an imminent and substantial endangerment to human health, natural resources, or public assets. (2) “Natural resources” means fish, wildlife, biota, air, surface water, groundwater, wetlands, drinking water supplies, or State-held public lands. (3) “Public asset” means: (A) any wastewater treatment facility permitted under chapter 47 of this title; (B) any public water system or noncommunity system permitted under chapter 56 of this title; (C) any potable water supply permitted under chapter 64 of this title; or (D) any facility for the disposal of solid waste permitted under chapter 159, provided that the facility did not know that the waste was an emerging contaminant at the time of disposal. (4) “Secretary” shall mean Secretary of Natural Resources. (d) Nothing in this section shall be construed to preclude, supplant, or limit any other statutory or common-law rights or remedies. Added 2019, No. 139 (Adj. Sess.), § 29, eff. July 6, 2020.

10 V.S.A. § 1284 Water quality data coordination

1284. Water quality data coordination (a) To facilitate attainment or accomplishment of the purposes of this chapter, the Secretary shall coordinate and assess all available data and science regarding the quality of the waters of the State, including: (1) light detection and ranging information data (LIDAR); (2) stream gauge data; (3) stream mapping, including fluvial erosion hazard maps; (4) water quality monitoring or sampling data; (5) cumulative stressors on a watershed, such as the frequency an activity is conducted within a watershed or the number of stormwater or other permits issued in a watershed; and (6) any other data available to the Secretary. (b) After coordination of the data required under subsection (a) of this section, the Secretary shall: (1) assess where additional data are needed and the best methods for collection of such data; (2) identify and map on a watershed basis areas of the State that are significant contributors to water quality problems or are in critical need of water quality remediation or response. (c) The Secretary shall post all data compiled under this section on the website of the Agency of Natural Resources. Added 2015, No. 64, § 35.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/10/047Fetched: 10/21/2026