Ordinance Committee — Burlington, VT
Date: 2026-06-05
Time: 14:00

Friday, June 5, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM

When: Jun 5, 2026 02:00 PM Eastern Time (US and Canada)
Topic: Ordinance Committee Meeting

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1. Agenda
  1.1. Motion to amend/adopt agenda

2. Adopt Draft Minutes
  Subject 2.1. Adopt Draft Minutes from 2026-05-12 Collaborative with Planning
 Commission
  Meeting June 5, 2026 - Ordinance Committee Meeting - Friday, June 5, 2026, 2:00 PM, Bushor
 Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 2. Adopt Draft Minutes

  Department Council and Board
  Type

  Recommended Action

  Subject 2.2. Adopt Draft Minutes from 2026-05-21
  Meeting June 5, 2026 - Ordinance Committee Meeting - Friday, June 5, 2026, 2:00 PM, Bushor
 Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 2. Adopt Draft Minutes

  Department Council and Board


  Type

  Recommended Action

3. Public Forum
  Subject 3.1. Verbal Comments
  Meeting June 5, 2026 - Ordinance Committee Meeting - Friday, June 5, 2026, 2:00 PM, Bushor
 Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM
  Category 3. Public Forum
  Department Council and Board


  Type

4. Ordinance Chapter 26 Industrial Pollution Prevention Program Discussion
  Subject 4.1. Ordinance Chapter 26 Industrial Pollution Prevention Program Discussion
  Meeting June 5, 2026 - Ordinance Committee Meeting - Friday, June 5, 2026, 2:00 PM, Bushor
 Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 4. Ordinance Chapter 26 Industrial Pollution Prevention Program Discussion

  Department Council and Board


  Type

  Recommended Action

5. Motorized Bicycle Ordinance Discussion
  Subject 5.1. Motorized Bicycle Ordinance Discussion
  Meeting June 5, 2026 - Ordinance Committee Meeting - Friday, June 5, 2026, 2:00 PM, Bushor
 Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 5. Motorized Bicycle Ordinance Discussion

  Department Council and Board


  Type

  Recommended Action

6. Any Other Committee Business
 Subject 6.1. Any Other Committee Business
 Meeting June 5, 2026 - Ordinance Committee Meeting - Friday, June 5, 2026, 2:00 PM, Bushor
 Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


 Category 6. Any Other Committee Business

 Department Council and Board


 Type

 Recommended Action

7. Adjournment
 Subject 7.1. Motion to adjourn
 Meeting June 5, 2026 - Ordinance Committee Meeting - Friday, June 5, 2026, 2:00 PM, Bushor
 Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


 Category 7. Adjournment

 Department Council and Board


 Type

 Recommended Action

Friday, June 5, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM

When: Jun 5, 2026 02:00 PM Eastern Time (US and Canada)
Topic: Ordinance Committee Meeting

Join from PC, Mac, iPad, or Android:
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1. Agenda
  1.1. Motion to amend/adopt agenda

2. Adopt Draft Minutes
  Subject 2.1. Adopt Draft Minutes from 2026-05-12 Collaborative with Planning
 Commission
  Meeting June 5, 2026 - Ordinance Committee Meeting - Friday, June 5, 2026, 2:00 PM, Bushor
 Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 2. Adopt Draft Minutes

  Department Council and Board




 Page 1 of 56
  Type

  Recommended Action

  Subject 2.2. Adopt Draft Minutes from 2026-05-21
  Meeting June 5, 2026 - Ordinance Committee Meeting - Friday, June 5, 2026, 2:00 PM, Bushor
 Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 2. Adopt Draft Minutes

  Department Council and Board


  Type

  Recommended Action

3. Public Forum
  Subject 3.1. Verbal Comments
  Meeting June 5, 2026 - Ordinance Committee Meeting - Friday, June 5, 2026, 2:00 PM, Bushor
 Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM
  Category 3. Public Forum
  Department Council and Board


  Type

4. Ordinance Chapter 26 Industrial Pollution Prevention Program Discussion
  Subject 4.1. Ordinance Chapter 26 Industrial Pollution Prevention Program Discussion
  Meeting June 5, 2026 - Ordinance Committee Meeting - Friday, June 5, 2026, 2:00 PM, Bushor
 Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 4. Ordinance Chapter 26 Industrial Pollution Prevention Program Discussion

  Department Council and Board


  Type

  Recommended Action

5. Motorized Bicycle Ordinance Discussion
  Subject 5.1. Motorized Bicycle Ordinance Discussion
  Meeting June 5, 2026 - Ordinance Committee Meeting - Friday, June 5, 2026, 2:00 PM, Bushor
 Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 5. Motorized Bicycle Ordinance Discussion

  Department Council and Board


  Type

  Recommended Action

6. Any Other Committee Business


 Page 2 of 56
 Subject 6.1. Any Other Committee Business
 Meeting June 5, 2026 - Ordinance Committee Meeting - Friday, June 5, 2026, 2:00 PM, Bushor
 Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


 Category 6. Any Other Committee Business

 Department Council and Board


 Type

 Recommended Action

7. Adjournment
 Subject 7.1. Motion to adjourn
 Meeting June 5, 2026 - Ordinance Committee Meeting - Friday, June 5, 2026, 2:00 PM, Bushor
 Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


 Category 7. Adjournment

 Department Council and Board


 Type

 Recommended Action




 Page 3 of 56
 Burlington Planning Commission Andy Montroll, Chair
 Michael Gaughan, Vice Chair
 149 Church Street Alexander Friend
 Burlington, VT 05401 Erhard Mahnke
 www.burlingtonvt.gov/cityplanning Erin Malone
 Ryan Nick
 Julia Randall


 Burlington Planning Commission & City Council Ordinance Committee
 Collaborative Working Group on Inclusionary Zoning
 Tuesday, May 12, 2026, 6:30 P.M.
 Hybrid Meeting via Zoom and in City Hall’s Bushor Conference Room
 Draft Minutes

 Planning Commissioners Present: City Staff Present:
 ☒ Andy Montroll, Chair ☒ Erin Malone ☒ Charles Dillard, Director, City Planning
 ☒ Michael Gaughan ☐ Julia Randall ☒ Kara Alnasrawi, Director, CEDO
 ☒ Alexander Friend ☒ Ryan Nick ☒ Kimberlee Sturtevant, Assistant City Attorney
 ☒ Erhard Mahnke ☒ Scott Gustin, Zoning Division Manager, DPI
 City Council Ordinance Committee ☒ Sarah Morgan, Principal Planner, City Planning
 Members Present: ☒ Stella Jordan, Senior Planner, City Planning
 ☒ Councilor Gene Bergman, Chair ☒ Nancy Stetson, Senior Policy & Data Analyst, DFA
 ☒ Councilor Mark Barlow ☒ Maggie Callaghan, Housing Program Manager, CEDO
 ☒ Councilor Sarah Carpenter
 Public Attendance: Eric Farrell, Jak Tiano, Liz Curry, Sharon Bushor, Nolan Rogers

 1. Agenda
 Call to Order: 6:30pm
 Changes to Agenda: Councilor Bergman and Andy Montroll clarified that those in attendance are
 not making up a single body, and are instead two bodies that are working collectively, meaning
 that the two bodies will adopt the same agenda separately, so that both are happening at the
 same time. Andy and Gene will switch who will act as chair each meeting. Andy proposed that
 following the adoption of the agenda, those in the room should introduce themselves. Additionally,
 there would be two Public Forums held during this meeting – the first Public Forum is intended to
 be for members of the public to speak to things not on the meeting agenda, and the second is to
 speak on agenda items.
 Agenda adopted by both City Council Ord. Committee & Planning Commission

 2. Adopt Minutes & Accept Communications
 Planning Commission Action: No minutes posted to adopt, motion to accept communications
 Motion by: A. Friend Seconded by: R. Nick Vote: Unanimous
 Notes or Corrections: N/A
 City Council Ordinance Committee Action: No Action.
 Motion by: N/A Seconded by: N/A Vote: N/A
 Notes or Corrections: N/A

 3. Director’s Report
 C. Dillard shared that the development agreement was adopted the night before at the 5/11 City
 Council meeting and also highlighted the success of the planBTV 2050 Open House on 4/30,
 which had over 300 attendees. A. Montroll also echoed this success.


The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin,
place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or
  genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility
 information or alternative formats, please contact Human Resources Department at (802) 540-2505.

 Page 4 of 56
Burlington Planning Commission Minutes p. 2

4. Public Forum #1
  Nolan Rogers: Chose to speak during this first public forum due to another commitment. Thinks
 these proposed changes illustrate a great step forward. Likes moving the
 threshold at which zoning applies up to 16 units, and supports simplifying the
 tiers is a good step in the right direction. Thinks Burlington needs more housing,
 and that a lot of people feel that way. If we agree we’re in a crisis, we need to
 incentivize building the housing. Challenged attendees to build too much housing,
 because that’s a challenge it probably cannot meet.

5. Review of Collaborative Working Group's Workplan & Process
  Staff presented on the goals and process of the collaborative working group, which aims to review
  proposed zoning amendments before the Planning Commission's public hearing. The working
  group will meet once a month during Planning Commission meetings, with meeting materials to be
  posted on Civic Clerk ahead of time.
  Discussion Notes:
 • No questions or comments from Working Group members

6. Review of Burlington’s current Inclusionary Zoning program & policies
  City staff presented a comprehensive overview of the ordinance's history, including key
  amendments and policy updates, highlighting that while the policy successfully produced
  economically integrated housing, it hasn't kept pace with Burlington's high housing demand. The
  discussion covered current affordability standards, development thresholds, and challenges in
  making the program financially feasible for developers. This presentation also noted the
  importance of nonprofit partnerships and the Housing Trust Fund in supporting affordable housing
  development, while also noting that neighboring municipalities have higher development
  thresholds than Burlington's current 5-unit requirement.
  Discussion Notes:
 • R. Nick asked about South Burlington’s IZ threshold, which is at 10+ units.
 • A. Friend asked whether staff looked into how many IZ units have been constructed in South
 Burlington. Staff doesn’t have this data but will provide it for the next meeting, and G.
 Bergman requested that we have that information in relation to how much housing is or has
 been built. S. Carpenter requested that these numbers also be provided for Winooski.
 • E. Mahnke noted that, in reference to “IZ units built by source” chart, the nonprofit developer
 brings the affordability significantly lower than thresholds for IZ because they are able to
 bring additional subsidies.
 • Also, in reference to “IZ units built by source” chart, M. Gaughan asked whether the
 application of the IZ requirement was to the affordable housing project. Staff answered that
 yes, it is 15% of those affordable projects.
 • G. Bergman requested that numbers being collected for Winooski and South Burlington also
 include land cost, so we can identify barriers that impact the construction of housing. If their
 land costs are significantly less, then we need to consider that. C. Dillard said staff would also
 look at rent across boundaries, impact fees, and other permit fees.
 • S. Carpenter noted that it won’t be easy to get land costs. It’s a good question, but discussion
 will need to happen to parse that out. Asked if there is overlap with our density bonuses and
 other state policies. C. Dillard said that yes, if you are in a designated center, the project can
 be designated as a priority housing project and receive a 40% density bonus. To become a
 priority housing project, they need to create an additional 5% at 80% AMI. There is typically a
 cap on density bonuses, and the developer is typically locked in at a certain FAR or lot
 coverage bonus.
 • S. Carpenter had questions about the three groups in the “IZ units built by source” chart and
 will speak with staff offline about the distinction.




 Page 5 of 56
Burlington Planning Commission Minutes p. 3

 • In response to the questions about statutory provisions for affordable housing, there’s the
 lower affordability bar at 80%, and it’s a higher overall requirement at 20% of the units as
 opposed to 15%. It can be added on top of the City’s IZ bonus, so SECORD got 2 extra stories
 on those buildings. One for City IZ and another for the Priority Housing Project’s statutory
 requirement. The only reference to this in the CDO is footnote 3 in Table 11.1.5-1
 • S. Carpenter requested that, while she appreciates the number of units with partnerships, she
 would like to see what the projects are.
 • E. Malone requested a document comparing our IZ policy to South Burlington and Winooski,
 similar to the peer city analyses that are done as part of planBTV 2050. S. Morgan responded
 to say that they are working on a peer city comparison matrix for the next meeting. C. Dillard
 added that in our research, cities that have IZ are amending their regulations every 3 years to
 keep up with market conditions. G. Bergman requested a link to all of the documents being
 referenced during this meeting, which staff assured would be posted on the amendment’s
 online landing page.

7. Overview of Proposed Amendments
  City staff presented the proposed amendments to inclusionary zoning and also discussed the
  administration's three-pronged housing strategy, which includes a more strategic use of the
  Housing Trust Fund, removing barriers to neighborhood code-enabled units, and pursuing public-
  private partnerships on city-owned land. Staff also noted that while not included in the initial
  report, there are additional minor technical changes and clarifications to the ordinance were also
  being considered.
  Discussion Notes:
 • Related to Proposal #3, “Allow Off-Site Units Anywhere”: A. Friend more rationale and
 evidence supporting some of the proposed changes, particularly regarding off-site
 development policies.
 • Related to Proposal #6, “Allow Tenure Flexibility in Large Projects”: S. Carpenter stated that
 200 units is a lot for a single development, and clarified if staff was intending for this to focus
 on PUDs. C. Dillard replied that this proposal is intended to apply to phased projects that will
 take place over multiple years, rather than just one building.

8. Public Forum #2
 Jak Tiano: Jak, who currently is a renter, commented that the inclusionary zoning (IZ)
 amendments appear to acknowledge that the current ordinance is making housing
 development financially difficult. He stated that IZ currently functions like a regressive
 affordability fee placed on new housing, with costs ultimately passed on to tenants,
 while existing property owners contribute little. Jak questioned whether the program
 delivers meaningful affordability benefits, noting he would qualify for an inclusionary
 unit but the savings on rent would be less than $100 per month. He also expressed
 concern that IZ may reduce overall housing production and worsen broader market
 affordability, and emphasized that increasing housing supply is essential to lowering
 prices over time and expressed concern that IZ may slow the production needed to
 achieve that. Jak urged the city to reconsider whether IZ should remain a primary
 affordability tool and to explore alternatives such as preserving naturally occurring
 affordable housing.
 Liz Curry: Liz provided detailed feedback on the inclusionary zoning document, emphasizing that
 inclusionary zoning should be viewed as one of many tools rather than a primary
 driver of affordable housing production. She highlighted concerns about the 5-unit
 threshold, data supporting claims about IZ's impact on development, and
 inconsistencies in defining affordable housing income levels.




 Page 6 of 56
Burlington Planning Commission Minutes p. 4

 Sharon Sharon raised questions about AMI calculations, speculating that the reason the AMI
 Bushor: increased was because Burlington was grouped with South Burlington. Sharon
 proposed that we be separated from South Burlington when calculating that. Related
 to the Housing Trust Fund, she would like to know how much money we have in the
 fund and how much the HTF tax raises on an annual basis by itself. As it relates to the
 amendments, she supports an increase in the development threshold from 5 to
 potentially 10 units, but is concerned about the 15% tiering and feels that the
 waterfront should be a higher number. Also expressed the proposed off-site
 allowances will create neighborhoods of all low-income housing.

9. Adjournment (8:33pm)
  Planning Commission Action: No minutes posted to adopt, motion to accept communications
  Motion by: R. Nick Seconded by: A. Friend Vote: Unanimous
  City Council Ordinance Committee Action: Adjourned by Councilor Bergman.
  Motion by: N/A Seconded by: N/A Vote: N/A




 Page 7 of 56
 Ordinance Committee
 Thursday, May 21, 2026
 Bushor Conference Room, City Hall
 or Remote via Zoom. Burlington, Vermont
 DRAFT MINUTES


Members Present: Councilor Bergman (Chair), Councilor Barlow, Councilor Carpenter
Staff Present: Kim Sturtevant (Assistant City Attorney), Erik Ramakrishnan (Assistant City
Attorney), Kara Alnasrawi (Interim Chief of Staff), Traci Isham (DFA), Lisa Gerlach (Chief of
Staff)
Public Present: Sharon Bushor, Councilor Grant
Meeting called to order at 4:32 PM.
1. Adopt the Agenda
 1.1 Adopt the Agenda

Motion to Adopt Agenda.
Motion by Councilor Barlow, Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous

2. Adopt Draft Minutes
 2.1 Adopt Draft Minutes from April 23, 2026
 2.2 Adopt Draft Minutes from May 1, 2026
Motion to adopt both sets of draft minutes from April 23 and May 1.
Motion by Councilor Barlow, Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous


3. Public Forum
Sharon Bushor: I looked at the gross receipts tax ordinance change. It is a modest increase and
while our businesses are hurting, this change will not make a big difference for them. The
revenue is very important for the City.
4. Gross Receipts Ordinance Discussion.
Councilor Bergman said he found a drafting error in the ordinance and the error would actually
do the opposite of what the ordinance change intends. He added that he has posted on
CivicClerk an updated draft ordinance labelled with GB that has changes to lines 8, 23, and 28 to
correct the drafting error.




 Page 8 of 56
Councilor Barlow said he has been working with Council President Traverse on this ordinance.
He continued that they propose to eliminate the gross receipts tax on admissions and amusements
which would be striking sections 2D and 2E. Chief Administrative Officer Schad estimated that
this elimination would reduce revenues by $115,000 for FY27. He also proposed further review
to other ordinances that would ease conditions and fees for promoters to use Waterfront Park.
Councilor Barlow continued that he is proposing setting aside 10% of collected rooms and meals
and related taxes to create a fund to help businesses through increased events, security, and
marketing. CAO Schad estimated that this would set aside an estimated $621,000 for FY27 for
this purpose. The City already does spend money on these items each year and this fund would
cover such expenses.
Attorney Ramakrishnan said that some of the expenses discussed that would be covered by the
10% of gross receipts ordinance change are covered by non-General Fund funds.
Councilor Bergman said he does not agree with eliminating gross receipts tax on admissions and
amusements and losing an estimated $115,000 in revenue. He added that he is favor of looking
holistically at the local taxes to promote events and business, but that this ordinance is not the
place to do it.
Councilor Carpenter asked for a breakdown of how a potential Vitality Fund would have its
funds allocated based on what the City is already doing.
Councilor Bergman said the idea of a Vitality Fund is underprepared and not a good idea to
create so late in the budgeting process.
Councilor Barlow said that there has been discussion of the lowering of the admissions and
amusements tax for months, and only recently did it evolve into the elimination of the local
option tax.
Motion to refer the draft ordinance back to the full City Council as amended, including
eliminating sunset, increase gross receipts to 2.5%, removal of admissions gross receipt tax, and
keeping other undisputed changes, for second reading.
Motion by Councilor Carpenter, Seconded by Councilor Barlow.
Final Resolution: Motion Passes
Yes: Unanimous

Attorney Sturtevant said she would make the changes and circulate the draft so each change is
approved.

5. Any Other Committee Business
None
6. Adjournment
Motion to adjourn by Councilor Bergman, without objection.




 Page 9 of 56
The meeting was adjourned at 5:58 PM.




 Page 10 of 56
 CITY OF BURLINGTON
 ORDINANCE ___________
 Sponsor: Department of Public
 Works

 Public Hearing Dates: ___________
 In the Year Two Thousand Twenty-Six ___________________________
 First reading: _________________
 Referred to: ___________________
 An Ordinance in Relation to Rules suspended and placed in all
 stages of passage: ______________
 BCO Chapter 26 Industrial Pollution Prevention Program Update Second reading: ________________
 Action: ______________________
 Date: ________________________
 Signed by Mayor: ______________
 Published: ____________________
 Effective: _____________________

 It is hereby Ordained by the City Council of the City of Burlington as follows:
 1 That …
 2 26-71 Use of Public Sewers Generally

 3 (a) Every person owning or having the care of buildings abutting on a street in this city through which a
 4 sanitary or combined sewer has been or shall hereafter be constructed shall drain such buildings
 5 wastewater into the sanitary or combined sewer, at their own expense, provided that all connections
 6 into the public sewers be made under the direction of the director upon the written application of such
 7 person. The director shall supervise the making of all such connections.

 8 (b) Every person owning or having the care of lands and buildings abutting on a street in this city
 9 through which a storm or combined sewer has been or shall hereafter be constructed shall drain
10 stormwater from such land and buildings after treatment and/or attenuation into the storm or
11 combined sewer or natural outlet, at his own expense, provided that all connections into the public
12 sewers and natural outlets be made under the direction of the director upon the written application of
13 such person and in accordance with the provisions of this chapter. The director shall supervise the
14 making of all such connections.

15 (c) Adoption of regulations.

16 (1) Use of the city’s sewers is subject to compliance with such regulations as the public works
17 commission may deem necessary or convenient to protect public health, safety, and welfare or
18 the environment, to comply with state and federal law, or to safeguard the city’s treatment
19 works.

20 (2) Such regulations shall be adopted at the recommendation of the public works director or
21 designee following a public hearing.

22 (3) Notice of the hearing shall be included in the warned agenda for said meeting, and it shall be
23 posted on the city’s website and published in a newspaper of general circulation within the




 Page 11 of 56
 Page 2
 An Ordinance in Relation to BCO Chapter 26 Industrial Pollution Prevention
 Program Update

24 city at least three calendar days prior to the hearing. The published hearing notice shall
25 include a link to the draft regulations.

26 (4) The hearing may be continued from time to time, and republication of the hearing notice shall
27 not be required if the continued hearing date, time, and location are announced on the record
28 at the time of the continuance. A final decision of the commission shall be made at the same
29 or a subsequent meeting as the meeting where the hearing was conducted.

30 (5) The record for the commission’s decision shall consist of the draft regulations, any written or
31 oral staff report, public comments received at the hearing, and any written comments received
32 at least twenty-four (24) hours prior to the opening of the hearing.

33 (6) Regulations approved by the commission shall take effect seven (7) calendar days after
34 publication on the city’s website.

35 (7) A violation of the commission’s regulations may be enforced pursuant to section 26-4 of this
36 code.

37 (d) Express prohibitions.

38 (1) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary
39 manner on public or private property within the city or in any area under the jurisdiction of the
40 city, any human or animal excrement, garbage, or objectionable waste.

41 (2) Except as provided herein, it shall be unlawful to construct or maintain any privy, privy vault,
42 septic tank, cesspool, or other facility intended or used for the disposal of wastewater.

43 (3) No person shall discharge, cause or permit to be discharged any stormwater, surface water,
44 groundwater, foundation drains, roof runoff, subsurface drainage, cooling water, or industrial
45 process waters to any sanitary sewer. This prohibition does not apply to the combined or separate
46 storm sewers.

47 (4) No person shall discharge or cause to be discharged any of the following described waters or
48 wastes to any public sewers or natural outlet:

49 a. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.

50 b. Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either
51 singly or by interaction with other wastes, to injure or interfere with any waste treatment
52 process, constitute a hazard to humans, animals or property, create a public nuisance, or create
53 any hazard, including fire or explosion, in the receiving waters of the wastewater treatment
54 plant or wastes exerting an excessive chlorine requirement. The limiting concentrations of
55 such substances that create hazards as aforesaid are subject to modification by the director as
56 affected by applicable state or federal regulations or guidelines.
 Page 2


 Page 12 of 56
 Page 3
 An Ordinance in Relation to BCO Chapter 26 Industrial Pollution Prevention
 Program Update

57 c. Any waters (except acidic rainfall) or wastes having a pH lower than five (5) or greater than
58 nine and five tenths (9.5), or which due to its nature or content, becomes less than five (5) or
59 greater than nine and five tenths (9.5) during transmission through the sewers, or having any
60 other corrosive property capable of causing damage or hazard to structures, equipment, and
61 personnel of the wastewater facilities or treatment works.

62 d. Solid or viscous substances in quantities or of such size capable of causing obstruction to the
63 flow in sewers, or other interference with the proper operation of the wastewater facilities
64 such as, but not limited to, animal waste, ashes, bones, cinders, sand, mud, sediment, straw,
65 shavings, metal, glass, rags, feathers, tar, plastics, wood or cellulose, unground garbage,
66 whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk
67 containers, either whole or ground by garbage grinders.

68 e. Radioactive materials of such half-life or concentration as may exceed limits established by
69 the director of water pollution control in compliance with applicable state or federal
70 regulations.

71 f. Wastewater that has or may cause an offensive odor or nuisance in the wastewater facilities
72 and treatment works, and without limiting the generality of the foregoing, wastewater
73 containing hydrogen sulfide, carbon disulfide, ammonia, trichloroethylene, sulfur dioxide,
74 formaldehyde, chlorine, bromine, or pyridine.

75 g. Wastewater having a temperature higher than one hundred fifty (150) degrees Fahrenheit
76 (sixty-five (65) degrees Celsius).

77 h. Wastewater containing more than fifteen (15) milligrams per liter, whether emulsified or not,
78 of petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin.

79 i. Wastewater containing more than one hundred (100) mg/l of oil, fat and grease of animal and
80 vegetable origin.

81 j. Wastewater containing floatable oils, fat or grease.

82 k. Wastewater containing pharmaceuticals or endocrine disrupters.

83 (e) The owner(s) of all houses or buildings, used for human occupancy, employment, recreation, or other
84 purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is
85 now located or may in the future be located a public sanitary or combined sewer of the city is hereby
86 required, at the owner(s)’ expense, to install suitable toilet facilities therein, and to connect such
87 facilities directly with the proper public sewer in accordance with the provisions of this article within
88 ninety (90) days after date of official notice to do so, provided that said public sewer is within a
89 reasonable distance of the property line as determined by the director.


 Page 3


 Page 13 of 56
 Page 4
 An Ordinance in Relation to BCO Chapter 26 Industrial Pollution Prevention
 Program Update

 90 (f) Stormwater and other unpolluted drainage may be discharged to a storm sewer or to a natural outlet
 91 as approved by the director when suitable treatment and/or attenuation has been provided in
 92 accordance with the provisions of this chapter. Stormwater and other unpolluted drainage may be
 93 allowed to be discharged to a combined sewer as approved by the director provided that it does not
 94 violate wastewater facility NPDES permit requirements. Industrial cooling or unpolluted process
 95 waters may be discharged to a storm sewer or natural outlet as approved by the director provided that
 96 these waters do not result in adverse undue thermal impacts to receiving waters.

 97 (g)

 98 (1) The following described substances, materials, waters or wastes shall be limited in discharges
 99 to municipal systems to concentrations or quantities which will not harm either the sewers,
100 wastewater treatment process or equipment, will not have an adverse effect on the receiving
101 stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance.

102 (2) The director may set limitations lower than the limitations established in the regulations
103 below if in his opinion such more severe limitations are necessary to meet the above
104 objectives. In forming this opinion as to the acceptability, the director will give consideration
105 to such factors as the quantity of subject waste in relation to flows and velocities in the
106 sewers, materials of construction of the sewers, the wastewater treatment process employed,
107 capacity of the wastewater treatment plant, degree of treatability of the waste in the
108 wastewater treatment plant, and other pertinent factors.

109 (3) The limitations or restrictions on materials or characteristics of waste or wastewaters
110 discharged to the sanitary sewers which shall not be violated without approval of the director
111 are as follows:

112 a. Wastewater of which the BOD5 exceeds four hundred (400) milligrams per liter.

113 b. Wastewater in which suspended solids exceed five hundred (500) milligrams per liter, or
114 the organic content of such suspended solids or of dissolved solids is unusually small.

115 c. Any garbage that has not been properly shredded. Garbage grinders may be connected to
116 sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering
117 establishments, or similar places where garbage originates from the preparation of food in
118 kitchens for the purpose of consumption on the premises or when served by caterers.

119 d. Quantities of flow, concentrations, or both which constitute a slug as defined herein.

120 e. Waters or wastes containing substances which are not amenable to treatment or reduction
121 by the wastewater treatment processes employed, or are amenable to treatment only to
122 such degree that the wastewater treatment plant effluent cannot meet the requirements of
123 other agencies having jurisdiction over discharge to the receiving waters.

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124 f. Any water or wastes which, by interaction with other water or wastes in the public sewer
125 system, release obnoxious gases, form suspended solids which interfere with the
126 collection system, or create a condition deleterious to structures and treatment processes.

127 (h) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which
128 waters contain the substances or possess the characteristics, enumerated in subsections (d)(4) and (\)
129 above, and which in the judgment of the director may have a deleterious effect upon the wastewater
130 facilities or treatment works, processes, equipment, or receiving waters, or which otherwise create a
131 hazard to life or constitute a public nuisance, the director may:

132 (1) Reject the wastes.

133 (2) Require pretreatment to an acceptable condition for discharge to the public sewers.

134 (3) Require control over the quantities and rates of discharge.

135 (4) If the director permits the pretreatment or equalization of waste flows, the design and installation
136 of the plants and equipment shall be subject to the review and approval of the director, and subject
137 to the requirements of all applicable codes, ordinances, laws, and the municipal discharge permit.
138 Further, such pretreatment installations must be consistent with the requirements of any state
139 pretreatment permit issued to the owner.

140 (i) Grease, oil, and sand interceptors shall be provided when, in the opinion of the director, they are
141 necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts
142 or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be
143 required for private living quarters or dwelling units. All interceptors shall be of a type and capacity
144 approved by the director, and shall be located as to be readily and easily accessible for cleaning and
145 inspection. In the maintaining of these interceptors the owner shall be responsible for the proper
146 removal and disposal by appropriate means of the captured material and shall maintain records of the
147 dates and means of disposal which are subject to review by the director. Any removal and hauling of
148 the collected materials not performed by owner’s personnel must be performed by qualified waste
149 disposal firms.

150 (j) Where pretreatment or flow equalizing facilities are provided or required for any waters or wastes,
151 they shall be maintained continuously in satisfactory and effective operation by the owner at his sole
152 expense.

153 (k) When required by the director, the owner of any property serviced by a building sewer carrying
154 industrial wastes shall install a suitable structure together with such necessary meters and other
155 appurtenances in the building sewer to facilitate observation, sampling, and measurement of the
156 wastes. Such structure when required, shall be accessibly and safely located and shall be constructed
157 in accordance with plans approved by the director. The structure shall be installed by the owner at his
158 sole expense and shall be maintained by him so as to be safe and accessible at all times.
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159 (l) All industries discharging into a public sewer shall perform such monitoring of their discharges as the
160 director and/or other duly authorized employees of the city may reasonably require, including
161 installation, use, and maintenance of monitoring equipment, keeping records, and reporting results of
162 such monitoring to the director. Where industrial pretreatment permits are issued by the State of
163 Vermont, monitoring records must also be submitted to the secretary in accord with such permit.
164 Such records of any monitoring shall be made available upon request by the director to the secretary
165 or to other agencies having jurisdiction over discharges to the receiving waters.

166 The director shall require forty-five (45) days’ prior notification by any person or persons of a
167 proposed substantial change in volume or character of pollutants over that being discharged into the
168 treatment works; a proposed new discharge into the treatment works of pollutants from any source
169 which would be a new source as defined in the federal Water Pollution Control Act as amended, if
170 such source were discharging pollutants; or a proposed new discharge into the treatment works of
171 pollutants from any source which would be subject to the federal Water Pollution Control Act, as
172 amended, if it were discharging such pollutants.

173 (m) All measurements, tests and analyses of the characteristics of waters and wastes to which reference is
174 made in this article shall be determined in accordance with the latest edition of "Standard Methods
175 for the Examination of Water and Wastewater," published by the American Public Health
176 Association. Sampling methods, location, times, durations, and frequencies are to be determined on
177 an individual basis subject to approval by the director.

178 (n) No statement contained in this division shall be construed as preventing any special agreement or
179 arrangement between the city and any industrial concern whereby an industrial waste of unusual
180 strength or character may be accepted by the city for treatment, to an extent fixed by agreement with
181 the city under such conditions with respect to payment or otherwise as may be necessary to
182 compensate for any additional costs of treatment; provided that such agreements do not contravene
183 any requirements or existing federal laws and are compatible with any user charge and industrial cost
184 recovery system in effect. Any such agreement shall be subject to the approval of the state
185 department of environmental conservation.

186 (o) No statement contained in this division shall be construed to interfere with any additional
187 requirements that may be imposed by the city health officer.

188 (p) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or
189 disturb any public sewer or appurtenance thereof without first obtaining a written permit from the
190 director per Division 1 of this article. Any person proposing a new discharge into the system, or a
191 substantial change in the volume or character of pollutants that are being discharged into the system,
192 shall notify the director at least forty-five (45) days prior to the proposed change or connection.

193 (q) Applications for a plumbing permit shall be filed with the department of public works and must be
194 approved before any work commences. Fees associated with this permit are outlined in the permit
195 application.

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196 (r) All costs and expenses incidental to the installation and connection of the building sewer shall be
197 borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or
198 indirectly be occasioned by the installation of the building sewer.

199 (s) A separate and independent building sewer shall be provided for every building; except where one (1)
200 building stands at the rear of another on an interior lot and no private sewer is available or can be
201 constructed to the rear building through an adjoining alley, court, yard, or driveway, the front
202 building may be extended to the rear building and the whole considered as one (1) building sewer,
203 but the city does not and will not assume any obligation or responsibility for damage caused by or
204 resulting from any such single connection.

205 (t) Old building sewers may be used in connection with new buildings only when they are found, on
206 examination and test by the director to meet all requirements of this article.

207 (u) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used
208 in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the
209 requirements of the building and plumbing code or other applicable rules and regulations of the city.

210 (v) Whenever possible, the building sewer shall be brought to the building at an elevation below the
211 basement floor. In all buildings in which any building drain is too low to permit gravity flow to the
212 public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and
213 discharged to the building sewer.

214 (w) The connection of any building sewer into the public sewer shall conform to the requirements of the
215 building and plumbing code and all other applicable rules and regulations of the city. All such
216 connections shall be made gastight and watertight and verified by proper testing. Any deviation from
217 the prescribed procedures and materials must be approved by the director before installation.

218 (x) The applicant for any building sewer permit shall notify the inspector when the building sewer is
219 ready for inspection and connection to the public sewer. The connection and testing shall be made
220 under the supervision of the inspector.

221 (y) All excavations for building sewer installation shall be adequately guarded with barricades and lights
222 so as to protect the public from hazard. Streets, sidewalks, parking and other public property
223 disturbed in the course of the work shall be restored in a manner satisfactory to the city and consistent
224 with the requirements of Chapter 27 of this Code.

225 26-76 Wastewater Permit Fees

226 (a) Certain activities pursuant to this chapter require a permit or other approval, plan check,
227 investigation, or review by the director or their designee. The city also incurs costs associated with
228 the physical connection of property to public sewers, as well as costs associated with certain intensive
229 uses of the city’s treatment works. The city council finds that the direct and indirect cost of providing

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230 such services should not be borne by ratepayers generally but instead should be the responsibility of
231 benefitted property owners.

232 (b) The city council shall establish by resolution fees for activities described in this chapter, which fees
233 shall be reasonably related to the direct and indirect costs of said activities. The city council shall
234 also establish by resolution administrative rules for the collection of fees imposed pursuant to this
235 section, including, without limitation, any provision for fee waivers; the handling, use, and deposit of
236 fees; recording keeping; appeals; and any annual inflation factors to be applied.

237 (c) No work shall be commenced until any permit or other approval required under this article shall have
238 been received by the party submitting the application and all applicable fees have been paid.

239 (d) In case of preemption, in addition or in lieu of such fees as may be authorized pursuant to this
240 section, the director shall charge such fees as may be allowed or required by federal or state law.

241 Division 5. Pretreatment Requirements

242 26-77 Effective Date and Interim Regulations.

243 The provisions of this division commencing with section 26-78 shall take effect twenty-one (21) days after the
244 director of public works or designee posts on the city’s website and publishes notice in a newspaper of general
245 circulation that authority has been delegated to the city to issue permits for discharges to the city’s treatment
246 works, pursuant to 10 V.S.A. § 1263, as the same may be amended or renumbered from time to time. Until
247 such effective date, if necessary or convenient to protect the public health, safety, and welfare or the
248 environment, to comply with state and federal law, or to protect existing infrastructure, the city council may,
249 by resolution, adopt interim effluent limitations and surcharges for industrial users. Notification of such
250 interim regulations shall be published, and such interim regulations shall become effective, in the same manner
251 as for an ordinance, pursuant to section 49 of the city’s charter.

252 26-78 Purpose and Policy.

253 This division sets forth uniform pretreatment requirements for indirect discharges by users of the publicly
254 owned treatment works of the city. The intent of this division is to enable the city to comply with all applicable
255 state and federal laws relating to the subject matter hereof, including, without limitation, the federal Clean
256 Water Act and the general pretreatment regulations codified at part 403 of title 40 of the Code of Federal
257 Regulations, as the same may be amended or renumbered from time to time. The specific objectives of this
258 division are to:

259 (a) Authorize the director to establish regulations implementing the requirements of this division, in
260 substantial conformance with the U.S. Environmental Protection Agency’s Model Pretreatment
261 Ordinance, or such other guidance as the federal or state governments may prescribe from time to time
262 relating to the subject matter of this division;

263 (b) Provide for remedies for violations of said regulations, as required, authorized, or encouraged pursuant
264 to applicable federal or state law;
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265 (c) Prevent the introduction of pollutants into the publicly owned treatment works that will interfere with
266 its operations;

267 (d) Prevent the introduction of pollutants into the publicly owned treatment works that are likely to pass
268 through said works, inadequately treated, into the waters of the State of Vermont and of the United
269 States;

270 (e) Protect city personnel and members of the public who may be affected by wastewater and sludge not
271 adequately pretreated;

272 (f) Provide fee authority, as set forth in section 26-84, below; and

273 (g) Enable the city to comply with all applicable federal or state permits required to operate its publicly
274 owned treatment works.

275 26-79 Definitions.

276 As used in this division, the following terms have the following meanings:

277 (a) Director means the city’s director of public works or designee; provided that the city council may
278 designate another city officer or employee as the “director” by resolution, solely for purposes of this
279 division.

280 (b) Indirect discharge means the introduction of any pollutant into the publicly owned treatment works
281 from a nondomestic source.

282 (c) Interference means any indirect discharge that, alone or in conjunction with other discharges, that
283 inhibits or disrupts the publicly owned treatment works, their treatment processes or operations, or their
284 sludge processes, use, or disposal, so as to interfere substantially with the purposes and policies set
285 forth in section 26-78, above.

286 (d) Publicly owned treatment works, or “POTW”, means all of the city’s infrastructure for the collection,
287 transportation, and treatment of wastewater.

288 (e) Passthrough means a discharge that exits the POTW into the waters of the State of Vermont or of the
289 United States in quantities or concentrations which, alone or in conjunction with a discharge or
290 discharges from other sources, would result in a violation of any requirement of any federal or state
291 permit applicable to the POTW, including an increase in the magnitude or duration of an existing
292 violation.

293 (f) Regulations means the regulations adopted pursuant to section 26-82, below.

294 (g) User means any source of indirect discharge.

295 26-80 Prohibited Discharges.
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296 The following indirect discharges are prohibited:

297 (a) Any indirect discharge that results in passthrough or interference.

298 (b) Any indirect discharge that would violate 40 C.F.R. Section 403.3(b), as the same may be amended or
299 renumbered from time to time, or that would otherwise violate federal law, state law, a permit issued
300 under section 26-81, the regulations, or any other provision of this chapter.

301 (c) Any indirect discharge done without a permit under section 26-81.

302 26-81 Permits Required.

303 (a) No indirect discharge shall be permitted without a permit issued pursuant to the regulations.

304 (b) The regulations may provide for general permits and permit waivers.

305 (1) General Permit. For those indirect discharges not requiring special conditions, including, without
306 limitation, special conditions relating to pretreatment of indirect discharges, monitoring, and
307 reporting, the regulations may provide for the issuance by the director of a general permit. Any
308 user desiring to operate under the general permit shall register under that permit with the director
309 in a manner specified in the regulations, pay any fee required pursuant to section 26-84, below,
310 and comply with all conditions of the general permit, as specified in the regulations. More than
311 one classification of general permit may be established by the regulations for different types of
312 uses.

313 (2) Permit Waiver. The regulations may exempt any indirect discharge from the requirement to obtain
314 a permit to operate, as otherwise required by subsection (a), above, based on the size, nature, or
315 other characteristics of the indirect discharge, as specified in the regulations. Operation within the
316 limits of the waiver and otherwise in strict conformance with all applicable laws shall be deemed
317 the functional equivalent of operating under a permit.

318 (c) Permits may be specific to the user or may run with the use, as specified in the regulations.

319 (d) If a user is required to obtain a permit, the director shall provide notification to the user by first class
320 mail at the user’s physical address and mailing address for utilities billing, if different. The user shall
321 then have thirty (30) days submit a complete application for a permit, subject to reasonable extensions
322 granted by the director. If allowed by regulations adopted pursuant to this division, the notification
323 may impose reasonable interim measures that the user shall take to limit interference and passthrough,
324 pending an application for a permit. Except as expressly authorized in the notification, any indirect
325 discharge by any user pending the issuance of a permit shall be deemed a violation of section 26-80,
326 above.

327 26-82 Regulations.

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328 (a) Regulations Authorized. The director is hereby authorized to issue regulations, in the manner descried
329 in this section, to achieve the purposes set forth in section 26-78, above.

330 (b) Adoption of Regulations. Regulations drafted by the director shall be subject to review and approval
331 by the city’s public works commission following a noticed public hearing conducted at a regular
332 meeting of the commission. Notice of the hearing shall be included in the warned agenda for said
333 meeting, and it shall be posted on the city’s website and published in a newspaper of general circulation
334 within the city at least three calendar days prior to the hearing. The published hearing notice shall
335 include a link the draft regulations. The hearing may be continued from time to time, and republication
336 of the hearing notice shall not be required if the continued hearing date, time, and location are
337 announced on the record at the time of the continuance. A final decision of the commission shall be
338 made at the same or a subsequent meeting as the meeting where the hearing was conducted. The record
339 for the commission’s decision shall consist of the draft regulations, any written or oral staff report,
340 public comments received at the hearing, and any written comments received at least 24 hours prior to
341 the opening of the hearing. Regulations approved by the commission shall take effect seven calendar
342 days after publication on the city’s website.

343 (c) Amendment to Regulations. Any regulation may be made in the same manner as for the original
344 adoption of the regulation.

345 26-83 Violations.

346 (a) For purposes of this section, a violation of this division includes any act or omission committed by a
347 user that violates any provision of this division or that causes or enables a violation to occur.

348 (b) Violations of this division are subject to section 1-9 of this ordinance code. A violation may be abated
349 as a public nuisance and prosecuted civilly or criminally as set forth in that section, and the director
350 shall be authorized to issue municipal tickets thereunder. Notwithstanding section 1-9, the maximum
351 fine for a violation under this division shall be the greater of the maximum fine available under section
352 50 of the city’s charter or 40 C.F.R. § 408.8(f)(1)(vi)(A), as the same may be amended or renumbered
353 from time to time.If a court of competent jurisdiction determines that the foregoing federal law does
354 not preempt the city’s charter, then the maximum fine shall be determined by charter.

355 (c) The director may report any violation to appropriate federal and state officials and may issue such
356 orders to any user to comply with this division or to cease and desist from any violation thereof as may
357 be necessary or convenient to achieve the objects and purposes set forth in section 26-78, above. An
358 order shall contain notice that an appeal of the order must be filed with the director in writing within
359 15 calendar days thereof. Such an appeal shall be heard by the public works commission at its next
360 regular meeting unless a different hearing date is agreed between the user and the director. If the order
361 is upheld by the commission, then it shall be appealable to the superior court pursuant to rule 74 of the
362 Vermont Rules of Civil Procedure. Refusal to comply with a final order shall be subject to subsection
363 (b) of this section. The City Attorney may also bring an action to enforce the order and, if relief is
364 granted, shall be entitled to an award of reasonable attorneys’ fees and costs.
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365 (d) If necessary following repeated and severe violations of this division or to avoid a substantial likelihood
366 of significant environmental harm or of harm to any person or real property of another, the director
367 may take such actions as may be reasonable necessary to cease indirect discharges from any user,
368 including by shutting off the user’s water supply.

369 (e) Any individual or property owner who suffers substantial bodily harm or property damage as a
370 proximate cause of any violation of this division may bring an action to recover the individual or
371 property owner’s actual damages, pursuant to section 54 of the city charter.

372 (f) In case of any physical harm to the POTW proximately caused by any violation of this division, the
373 city may bring an action to recover its actual damages, attorneys’ fees, and costs.

374 (g) The remedies set forth in this section are cumulative with one another and with those provided by
375 federal or state law.

376 26-84 Fees.

377 The city council may, by resolution, adopt a fee schedule setting forth fees for permit applications and for
378 activities under the regulations requiring significant staff time, including any reasonable fees for the filing of
379 an appeal under section 26-83(b), above, or for inspections and related activities.

380
381
382 * Material stricken out deleted.
383 ** Material underlined added.
384
385 Public Works
386
387




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To: City Council
From: Megan Moir, Division Director Water Resources
Cc: Chapin Spencer, DPW Director
Date: April 27, 2026
Subject: Industrial Pollution Prevention Program Update & Chapter 26 Sewer Use Ordinance
 Revisions



REQUEST
The Department of Public Works (“DPW”) and its Water Resources Division (“WRD”) seeks revisions to
the Chapter 26 Burlington Code of Ordinances (“Chapter 26”) regarding authorities to implement
regulations related to wastewater connections in general as well as specific regulation of industrial users
in order to comply with State and Federal law. This memo provides Council with an update regarding the
industrial pollution prevention program and requests Council to waive and approve the first reading of the
proposed changes to Chapter 26 and to refer the proposed ordinance updates to the Ordinance
Committee.


BACKGROUND
Wastewater from different users has different “strengths” depending on how much organic material goes
down the drain. Businesses, such as breweries, cideries, bakeries etc. that produce or process food or
beverage products will have higher strength wastewater than the typical residential or office building.
Some industries also can, without proper practices, release other pollutants to the sewer system such as
heavy metals, PFAS and excess total suspended solids. Wastewater treatment capacity is not just a
function of the volume of wastewater (hydraulic capacity) that a facility can process but also the amount of
organic load that facility can treat (organic capacity). While our Main Wastewater Treatment Plant (WWTP)
has remaining hydraulic capacity, at times it is running very near to its organic capacity – this will continue
to be the case until the upgraded plant is constructed, which will not come online until 2029 at the earliest.

Excessive organic loading can itself be a pollutant and has upset the biological treatment processes at our
Main WWTP, preventing those systems from treating the wastewater as well as we are usually able to do
so. Industrial pollutants like heavy metals either can pass through the WWTP or can contaminate the bio-
solids that could otherwise be beneficially re-used. It is imperative as stewards of Lake Champlain and the
wastewater systems that protect the Lake that we ensure there are effective methods of controlling these
additional pollutants in place at the source rather than allowing them to go down the drain. Industrial
Pollution Prevention is the most effective source control for this type of wastewater discharge. Please see
the previous memo regarding this project for additional background regarding the history of this project
and Burlington’s decision to work towards a local industrial pollution prevention program (IPPP).

Federal and State Law require that discharging industries that meet criteria making them a categorical user
(such as industries working with heavy metals) or a significant user (industries which either contribute a
significant amount of flow or organic loading or which otherwise have the potential to impact the WWTP)
must obtain permit coverage. The Vermont Department of Environmental Conservation (VTDEC)




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Wastewater Section has made it clear that industrial users in Burlington that trigger the requirements of
part 403 of title 40 of the Code of Federal Regulations (CFR) and 10 VSA §1263 will be required to obtain
permit coverage. Currently the only mechanism for permit coverage for these users is State permitting –
however, in other States the authority is often delegated to the local Publically Owned Treatment Works
(POTW). Burlington Water Resources Division (BWRD) maintains that a local program will be most
effective framework for industrial pollution prevention in Burlington for the following reasons:
  BWRD has and will need to expend technical resources on industrial pollution prevention
 regardless of whether the permitting entity is the State or municipality. A delegated local permitting
 program allows BWRD to directly provide the technical review and recoup those resource costs
 through permit fees without duplicating fees for the industrial users.
  A local program allows BWRD to maintain a strong technically based partnership with our local
 industries and develop phased implementation of permits and programs that support moving
 industries in different user classes towards full compliance and maximum protection of our
 wastewater systems.
  This framework is in alignment with BWRD’s current direction towards providing comprehensive
 technical review of all water and wastewater connections. This is review that is necessary given
 the complexities of our water and wastewater system and review that, pending current active
 legislation (see S.212 – now in the House), could satisfy requirements for projects that would
 otherwise need a State water and wastewater permit.1
  Establishment of a local program will allow for a more comprehensive long-term industrial pollution
 prevention approach that also addresses the potential cumulative impacts of medium and smaller
 users.

As some of you may recall, in the background of all our other infrastructure projects, we have been slowly
working on a variety of efforts to advance industrial pollution prevention in Burlington. There was an
extended hiatus due to COVID challenges and then the need to focus on our physical infrastructure; but
the efforts were redoubled recently (see June 2025 memo) with the support of State administered
American Rescue Plan Act (ARPA) grant in order to:
  protect existing organic capacity for the purposes of wastewater commitments for housing projects
  protect the capacity of the future upgraded WWTP through minimizing the discharge of organics
  ensure that residential ratepayers are not subsidizing the treatment costs related to industries
  finalize a variety of elements that, at best, would allow Burlington to implement a local program for
 our industries that would satisfy Federal and State regulations – and at worst would ensure we
 have sufficient understanding to provide input into State issued permits
 o develop local limits specific to our wastewater system
 o draft updates to the Sewer Use Ordinance
 o draft industrial pre-treatment regulations
  advance legislation that would update 10 VSA §1263 to allow for local Publicly Owned Treatment
 Works (POTW) to voluntarily implement a local industrial pre-treatment program with permits that
 would satisfy part 403 of title 40 of the Code of Federal Regulations (CFR)

The State is supportive of a local program but cannot delegate the authority without a statutory change to
10 VSA §1263. BWRD submitted draft updated language and has been working with the City’s legislative
lobbyist, VTDEC and members of the House Environment Committee on final language for S.212 (latest

1
  S.212 as passed in the Senate (currently in the House) provides for the State to enact a General Permit for Water and Wastewater
Connections and further, outlines a process by which municipalities can provide the technical review for the general permit and utilize the
State’s database for an administrative fee of $100. This would eliminate the duplicate review and approval process currently in place and
allow for the City’s rigorous technical review to serve as the approval. With those projects no longer paying review fees to the State, BWRD
can explore some cost recovery for our technical review without unduly impacting the property owners further.

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draft). It is anticipated that the House may act on this language the week of April 20, 2026 and BWRD is
hopeful that the statute will be updated and allow us to move forward.

Upcoming Steps:
Sewer Use Ordinance Update
In order to satisfy ARPA grant deliverable requirements and deadlines, BWRD must advance changes to
the Sewer Use Ordinance (Chapter 26) that reflect the grant funded work effort by the end of April 2026.
The primary grant driven update is the authority to establish interim local limits for pollutants of concern
and increased clarity regarding the City’s ability to charge a surcharge fee to high strength users for
organic loading as a condition of allowing discharges beyond the prohibited limits in 26-71(d). The sewer
use ordinance update must be adopted with enough time to close out the grant by September 30, 2026.
Currently we are targeting no later than mid-August 2026 for sewer use adoption by the Council.
In order to be as efficient as possible with our ordinance update request, the revised ordinance also
contains updates that authorize the future adoption of regulations that would guide the administration of
local State Wastewater permit permitting (for all municipal sewer connections, residential or commercial)
and allow the collection of fees to cover the costs of such permitting. It also contains an additional
ordinance division (Division 5) addressing pre-treatment requirements and authority to adopt pre-
treatment regulations. Those authorities would only become effective upon public notification of
delegated authority having been granted to the City. Such delegation would only occur after §1263 is
updated and once the State approves the local program.
The revised sections of our sewer use ordinance have been reviewed by VTDEC with subsequent review
by the City Attorney’s Office. BWRD briefed the Transportation, Energy, and Utilities Committee (TEUC)
on this item the March 24, 2026 meeting. At that meeting, the Councilors determined that the Ordinance
Committee would be the proper body to review and advance the ordinance revision. A copy of the
proposed sewer use ordinance revision is attached for Council review and referral to the Ordinance
Committee.
Public Outreach
Prior to submitting the request for ordinance update to Council, BWRD has provided a recent email
update to the currently un-permitted industrial users who are, based on previous surveys and data
collection, defined as either Categorical Industrial Users (one user) or potential Class 1 Significant
Industrial Users (8 users including the Burlington Water Treatment Plant) 2. The update (attached here)
contains information about the proposed ordinance changes and the fact that these changes alone will
not impact their facilities. Additionally, we have made them aware of 1) the State’s expressed intent to
bring them into compliance with permitting requirements whether through a local program or through
direct State oversight and 2) an additional round of organic sampling that BWRD feels is necessary to
ensure updated and realistic permit limits regardless of a State or local permit (see below). This is
certainly not the first time that BWRD has engaged these users – but this will be the first time that there
is perhaps more clarity in the permitting outcome. We will continue to engage these users as the



2
 Based on previous surveys and the last round of sampling the currently identified high strength users do not trip the 25,000
gallons of discharge or 5% of organic loading triggers – but the majority are undeniably in the category of “potential to
impact” given their monthly loading and the volume of high strength liquids on-site. For others, more information is needed
but based on what is known of their facilities, it is likely that they would require additional review and permitting in order to
comply with Federal law.

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Ordinance Committee reviews the updates and once it is clear whether or not the Legislature will provide
the authority for a locally delegated program.
BWRD also intends to provide some technical guidance to the Categorical User so that they can begin
work exploring whether or not they may be able to achieve permit coverage as a de minimis discharger,
which is a smaller regulatory lift.
Next Steps:
There are a few on-going efforts occurring in parallel with this ordinance revision request:
Updated Sampling to Support Feasible Industrial Permit Limits
BWRD wants to ensure that the permit effluent limits that are to be codified into any permit for an existing
connected user, whether administered by the State or by BWRD, are based on updated data and are
achievable through best management practices that can be implemented on a reasonable time frame.
Additionally, this sampling will provide an update to the concentration data that is used for the monthly
high strength waste surcharge bills.
In order to do this, additional sampling is required. BWRD will be advancing procurement for technical
services to conduct an additional round of sampling in the coming months.
Local Program Implementation
In preparation for local program adoption, the following steps are either underway or planned:

  Pre-treatment regulations have been drafted
  Organizational and operational review to identify budget plan for a local program
 o Review of permit fee, BOD surcharge fee estimates
 o Review of program expenses and potential cost recovery revenue to keep the program as
 cost neutral for non-industrial ratepayers as possible
 o Draft job duties for local pre-treatment coordinator
 o Initial identification of a potential existing BWRD roles that could, through reclassification,
 absorb pre-treatment coordination duties (currently the plan does not involve an increase
 in FTEs to initially implement the local program)
  Draft RFQ for industrial discharges professional services support: technical support will be
 needed to support initial implementation of permits, compliance program and training of the pre-
 treatment coordinator
  Development of an agreement with VTDEC for delegation of the permitting authority
  Submission of relevant requests to TEUC, Board of Finance and Council as applicable
 o Adoption of industrial pre-treatment regulations and local limits
 o Adoption of relevant fees
 o Organizational/personnel updates as necessary
 o Budget amendments as necessary
As with any new program, the launch will require significant effort from staff and oversight by Councilors.
We appreciate the opportunity to update you on the current status of this industrial pollution prevention
program and to brief you on the drivers and intent behind the sewer use ordinance update. We look
forward to keeping you apprised as we continue to engage members of the industrial user community
and track the status of the proposed legislative update.



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MOTIONS
City Council Actions:
 1. “To waive and approve the first reading of the proposed Sewer Use Ordinance and to refer the
 ordinance to the Ordinance Committee”.


Thank you for your consideration of this request.




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26-71 Use of Public Sewers Generally

 (a) Every person owning or having the care of buildings abutting on a street in this city
 through which a sanitary or combined sewer has been or shall hereafter be constructed
 shall drain such buildings wastewater into the sanitary or combined sewer, at their own
 expense, provided that all connections into the public sewers be made under the direction
 of the director upon the written application of such person. The director shall supervise
 the making of all such connections.

 (b) Every person owning or having the care of lands and buildings abutting on a street in this
 city through which a storm or combined sewer has been or shall hereafter be constructed
 shall drain stormwater from such land and buildings after treatment and/or attenuation
 into the storm or combined sewer or natural outlet, at his own expense, provided that all
 connections into the public sewers and natural outlets be made under the direction of the
 director upon the written application of such person and in accordance with the
 provisions of this chapter. The director shall supervise the making of all such
 connections.

 (c) Adoption of regulations.

 (1) Use of the city’s sewers is subject to compliance with such regulations as the
 public works commission may deem necessary or convenient to protect public
 health, safety, and welfare or the environment, to comply with state and federal
 law, or to safeguard the city’s treatment works.

 (2) Such regulations shall be adopted at the recommendation of the public works
 director or designee following a public hearing.

 (3) Notice of the hearing shall be included in the warned agenda for said meeting, and
 it shall be posted on the city’s website and published in a newspaper of general
 circulation within the city at least three calendar days prior to the hearing. The
 published hearing notice shall include a link to the draft regulations.

 (4) The hearing may be continued from time to time, and republication of the hearing
 notice shall not be required if the continued hearing date, time, and location are
 announced on the record at the time of the continuance. A final decision of the
 commission shall be made at the same or a subsequent meeting as the meeting
 where the hearing was conducted.

 (5) The record for the commission’s decision shall consist of the draft regulations,
 any written or oral staff report, public comments received at the hearing, and any
 written comments received at least twenty-four (24) hours prior to the opening of
 the hearing.

 (6) Regulations approved by the commission shall take effect seven (7) calendar days
 after publication on the city’s website.



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 (7) A violation of the commission’s regulations may be enforced pursuant to section
 26-4 of this code.

(d) Express prohibitions.

 (1) It shall be unlawful for any person to place, deposit, or permit to be deposited in any
 unsanitary manner on public or private property within the city or in any area under
 the jurisdiction of the city, any human or animal excrement, garbage, or objectionable
 waste.

 (2) Except as provided herein, it shall be unlawful to construct or maintain any privy,
 privy vault, septic tank, cesspool, or other facility intended or used for the disposal of
 wastewater.

 (3) No person shall discharge, cause or permit to be discharged any stormwater, surface
 water, groundwater, foundation drains, roof runoff, subsurface drainage, cooling
 water, or industrial process waters to any sanitary sewer. This prohibition does not
 apply to the combined or separate storm sewers.

 (4) No person shall discharge or cause to be discharged any of the following described
 waters or wastes to any public sewers or natural outlet:

 a. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid,
 solid or gas.

 b. Any waters containing toxic or poisonous solids, liquids or gases in sufficient
 quantity, either singly or by interaction with other wastes, to injure or interfere
 with any waste treatment process, constitute a hazard to humans, animals or
 property, create a public nuisance, or create any hazard, including fire or
 explosion, in the receiving waters of the wastewater treatment plant or wastes
 exerting an excessive chlorine requirement. The limiting concentrations of such
 substances that create hazards as aforesaid are subject to modification by the
 director as affected by applicable state or federal regulations or guidelines.

 c. Any waters (except acidic rainfall) or wastes having a pH lower than five (5) or
 greater than nine and five tenths (9.5), or which due to its nature or content,
 becomes less than five (5) or greater than nine and five tenths (9.5) during
 transmission through the sewers, or having any other corrosive property capable
 of causing damage or hazard to structures, equipment, and personnel of the
 wastewater facilities or treatment works.

 d. Solid or viscous substances in quantities or of such size capable of causing
 obstruction to the flow in sewers, or other interference with the proper operation
 of the wastewater facilities such as, but not limited to, animal waste, ashes, bones,
 cinders, sand, mud, sediment, straw, shavings, metal, glass, rags, feathers, tar,
 plastics, wood or cellulose, unground garbage, whole blood, paunch manure, hair
 and fleshings, entrails and paper dishes, cups, milk containers, either whole or
 ground by garbage grinders.

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 e. Radioactive materials of such half-life or concentration as may exceed limits
 established by the director of water pollution control in compliance with
 applicable state or federal regulations.

 f. Wastewater that has or may cause an offensive odor or nuisance in the wastewater
 facilities and treatment works, and without limiting the generality of the
 foregoing, wastewater containing hydrogen sulfide, carbon disulfide, ammonia,
 trichloroethylene, sulfur dioxide, formaldehyde, chlorine, bromine, or pyridine.

 g. Wastewater having a temperature higher than one hundred fifty (150) degrees
 Fahrenheit (sixty-five (65) degrees Celsius).

 h. Wastewater containing more than fifteen (15) milligrams per liter, whether
 emulsified or not, of petroleum oil, nonbiodegradable cutting oils, or products of
 mineral oil origin.

 i. Wastewater containing more than one hundred (100) mg/l of oil, fat and grease of
 animal and vegetable origin.

 j. Wastewater containing floatable oils, fat or grease.

 k. Wastewater containing pharmaceuticals or endocrine disrupters.

(e) The owner(s) of all houses or buildings, used for human occupancy, employment,
 recreation, or other purposes, situated within the city and abutting on any street, alley, or
 right-of-way in which there is now located or may in the future be located a public
 sanitary or combined sewer of the city is hereby required, at the owner(s)’ expense, to
 install suitable toilet facilities therein, and to connect such facilities directly with the
 proper public sewer in accordance with the provisions of this article within ninety (90)
 days after date of official notice to do so, provided that said public sewer is within a
 reasonable distance of the property line as determined by the director.

(f) Stormwater and other unpolluted drainage may be discharged to a storm sewer or to a
 natural outlet as approved by the director when suitable treatment and/or attenuation has
 been provided in accordance with the provisions of this chapter. Stormwater and other
 unpolluted drainage may be allowed to be discharged to a combined sewer as approved
 by the director provided that it does not violate wastewater facility NPDES permit
 requirements. Industrial cooling or unpolluted process waters may be discharged to a
 storm sewer or natural outlet as approved by the director provided that these waters do
 not result in adverse undue thermal impacts to receiving waters.

(g)

 (1) The following described substances, materials, waters or wastes shall be limited
 in discharges to municipal systems to concentrations or quantities which will not
 harm either the sewers, wastewater treatment process or equipment, will not have
 an adverse effect on the receiving stream, or will not otherwise endanger lives,
 limb, public property, or constitute a nuisance.

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 (2) The director may set limitations lower than the limitations established in the
 regulations below if in his opinion such more severe limitations are necessary to
 meet the above objectives. In forming this opinion as to the acceptability, the
 director will give consideration to such factors as the quantity of subject waste in
 relation to flows and velocities in the sewers, materials of construction of the
 sewers, the wastewater treatment process employed, capacity of the wastewater
 treatment plant, degree of treatability of the waste in the wastewater treatment
 plant, and other pertinent factors.

 (3) The limitations or restrictions on materials or characteristics of waste or
 wastewaters discharged to the sanitary sewers which shall not be violated without
 approval of the director are as follows:

 a. Wastewater of which the BOD5 exceeds four hundred (400) milligrams per
 liter.

 b. Wastewater in which suspended solids exceed five hundred (500) milligrams
 per liter, or the organic content of such suspended solids or of dissolved solids
 is unusually small.

 c. Any garbage that has not been properly shredded. Garbage grinders may be
 connected to sanitary sewers from homes, hotels, institutions, restaurants,
 hospitals, catering establishments, or similar places where garbage originates
 from the preparation of food in kitchens for the purpose of consumption on
 the premises or when served by caterers.

 d. Quantities of flow, concentrations, or both which constitute a slug as defined
 herein.

 e. Waters or wastes containing substances which are not amenable to treatment
 or reduction by the wastewater treatment processes employed, or are
 amenable to treatment only to such degree that the wastewater treatment plant
 effluent cannot meet the requirements of other agencies having jurisdiction
 over discharge to the receiving waters.

 f. Any water or wastes which, by interaction with other water or wastes in the
 public sewer system, release obnoxious gases, form suspended solids which
 interfere with the collection system, or create a condition deleterious to
 structures and treatment processes.

(h) If any waters or wastes are discharged or are proposed to be discharged to the public
 sewers, which waters contain the substances or possess the characteristics, enumerated in
 subsections (d)(4) and (\) above, and which in the judgment of the director may have a
 deleterious effect upon the wastewater facilities or treatment works, processes,
 equipment, or receiving waters, or which otherwise create a hazard to life or constitute a
 public nuisance, the director may:

  (1) Reject the wastes.

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  (2) Require pretreatment to an acceptable condition for discharge to the public sewers.

  (3) Require control over the quantities and rates of discharge.

  (4) If the director permits the pretreatment or equalization of waste flows, the design and
 installation of the plants and equipment shall be subject to the review and approval of
 the director, and subject to the requirements of all applicable codes, ordinances, laws,
 and the municipal discharge permit. Further, such pretreatment installations must be
 consistent with the requirements of any state pretreatment permit issued to the owner.

(i) Grease, oil, and sand interceptors shall be provided when, in the opinion of the director,
 they are necessary for the proper handling of liquid wastes containing floatable grease in
 excessive amounts or any flammable wastes, sand or other harmful ingredients; except
 that such interceptors shall not be required for private living quarters or dwelling units.
 All interceptors shall be of a type and capacity approved by the director, and shall be
 located as to be readily and easily accessible for cleaning and inspection. In the
 maintaining of these interceptors the owner shall be responsible for the proper removal
 and disposal by appropriate means of the captured material and shall maintain records of
 the dates and means of disposal which are subject to review by the director. Any removal
 and hauling of the collected materials not performed by owner’s personnel must be
 performed by qualified waste disposal firms.

(j) Where pretreatment or flow equalizing facilities are provided or required for any waters
 or wastes, they shall be maintained continuously in satisfactory and effective operation
 by the owner at his sole expense.

(k) When required by the director, the owner of any property serviced by a building sewer
 carrying industrial wastes shall install a suitable structure together with such necessary
 meters and other appurtenances in the building sewer to facilitate observation, sampling,
 and measurement of the wastes. Such structure when required, shall be accessibly and
 safely located and shall be constructed in accordance with plans approved by the director.
 The structure shall be installed by the owner at his sole expense and shall be maintained
 by him so as to be safe and accessible at all times.

(l) All industries discharging into a public sewer shall perform such monitoring of their
 discharges as the director and/or other duly authorized employees of the city may
 reasonably require, including installation, use, and maintenance of monitoring equipment,
 keeping records, and reporting results of such monitoring to the director. Where industrial
 pretreatment permits are issued by the State of Vermont, monitoring records must also be
 submitted to the secretary in accord with such permit. Such records of any monitoring
 shall be made available upon request by the director to the secretary or to other agencies
 having jurisdiction over discharges to the receiving waters.

 The director shall require forty-five (45) days’ prior notification by any person or persons
 of a proposed substantial change in volume or character of pollutants over that being
 discharged into the treatment works; a proposed new discharge into the treatment works
 of pollutants from any source which would be a new source as defined in the federal

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 Water Pollution Control Act as amended, if such source were discharging pollutants; or a
 proposed new discharge into the treatment works of pollutants from any source which
 would be subject to the federal Water Pollution Control Act, as amended, if it were
 discharging such pollutants.

(m)All measurements, tests and analyses of the characteristics of waters and wastes to which
 reference is made in this article shall be determined in accordance with the latest edition
 of "Standard Methods for the Examination of Water and Wastewater," published by the
 American Public Health Association. Sampling methods, location, times, durations, and
 frequencies are to be determined on an individual basis subject to approval by the
 director.

(n) No statement contained in this division shall be construed as preventing any special
 agreement or arrangement between the city and any industrial concern whereby an
 industrial waste of unusual strength or character may be accepted by the city for
 treatment, to an extent fixed by agreement with the city under such conditions with
 respect to payment or otherwise as may be necessary to compensate for any additional
 costs of treatment; provided that such agreements do not contravene any requirements or
 existing federal laws and are compatible with any user charge and industrial cost
 recovery system in effect. Any such agreement shall be subject to the approval of the
 state department of environmental conservation.

(o) No statement contained in this division shall be construed to interfere with any additional
 requirements that may be imposed by the city health officer.

(p) No unauthorized person shall uncover, make any connections with or opening into, use,
 alter, or disturb any public sewer or appurtenance thereof without first obtaining a written
 permit from the director per Division 1 of this article. Any person proposing a new
 discharge into the system, or a substantial change in the volume or character of pollutants
 that are being discharged into the system, shall notify the director at least forty-five (45)
 days prior to the proposed change or connection.

(q) Applications for a plumbing permit shall be filed with the department of public works
 and must be approved before any work commences. Fees associated with this permit are
 outlined in the permit application.

(r) All costs and expenses incidental to the installation and connection of the building sewer
 shall be borne by the owner. The owner shall indemnify the city from any loss or damage
 that may directly or indirectly be occasioned by the installation of the building sewer.

(s) A separate and independent building sewer shall be provided for every building; except
 where one (1) building stands at the rear of another on an interior lot and no private sewer
 is available or can be constructed to the rear building through an adjoining alley, court,
 yard, or driveway, the front building may be extended to the rear building and the whole
 considered as one (1) building sewer, but the city does not and will not assume any
 obligation or responsibility for damage caused by or resulting from any such single
 connection.

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 (t) Old building sewers may be used in connection with new buildings only when they are
 found, on examination and test by the director to meet all requirements of this article.

 (u) The size, slope, alignment, materials of construction of a building sewer, and the methods
 to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench,
 shall all conform to the requirements of the building and plumbing code or other
 applicable rules and regulations of the city.

 (v) Whenever possible, the building sewer shall be brought to the building at an elevation
 below the basement floor. In all buildings in which any building drain is too low to
 permit gravity flow to the public sewer, sanitary sewage carried by such building drain
 shall be lifted by an approved means and discharged to the building sewer.

 (w)The connection of any building sewer into the public sewer shall conform to the
 requirements of the building and plumbing code and all other applicable rules and
 regulations of the city. All such connections shall be made gastight and watertight and
 verified by proper testing. Any deviation from the prescribed procedures and materials
 must be approved by the director before installation.

 (x) The applicant for any building sewer permit shall notify the inspector when the building
 sewer is ready for inspection and connection to the public sewer. The connection and
 testing shall be made under the supervision of the inspector.

 (y) All excavations for building sewer installation shall be adequately guarded with
 barricades and lights so as to protect the public from hazard. Streets, sidewalks, parking
 and other public property disturbed in the course of the work shall be restored in a
 manner satisfactory to the city and consistent with the requirements of Chapter 27 of this
 Code.

26-76 Wastewater Permit Fees

 (a) Certain activities pursuant to this chapter require a permit or other approval, plan check,
 investigation, or review by the director or their designee. The city also incurs costs
 associated with the physical connection of property to public sewers, as well as costs
 associated with certain intensive uses of the city’s treatment works. The city council
 finds that the direct and indirect cost of providing such services should not be borne by
 ratepayers generally but instead should be the responsibility of benefitted property
 owners.

 (b) The city council shall establish by resolution fees for activities described in this chapter,
 which fees shall be reasonably related to the direct and indirect costs of said activities.
 The city council shall also establish by resolution administrative rules for the collection
 of fees imposed pursuant to this section, including, without limitation, any provision for
 fee waivers; the handling, use, and deposit of fees; recording keeping; appeals; and any
 annual inflation factors to be applied.




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 (c) No work shall be commenced until any permit or other approval required under this
 article shall have been received by the party submitting the application and all applicable
 fees have been paid.

 (d) In case of preemption, in addition or in lieu of such fees as may be authorized pursuant to
 this section, the director shall charge such fees as may be allowed or required by federal
 or state law.

 Division 5. Pretreatment Requirements

26-77 Effective Date and Interim Regulations.

The provisions of this division commencing with section 26-78 shall take effect twenty-one (21)
days after the director of public works or designee posts on the city’s website and publishes notice
in a newspaper of general circulation that authority has been delegated to the city to issue permits
for discharges to the city’s treatment works, pursuant to 10 V.S.A. § 1263, as the same may be
amended or renumbered from time to time. Until such effective date, if necessary or convenient
to protect the public health, safety, and welfare or the environment, to comply with state and
federal law, or to protect existing infrastructure, the city council may, by resolution, adopt interim
effluent limitations and surcharges for industrial users. Notification of such interim regulations
shall be published, and such interim regulations shall become effective, in the same manner as for
an ordinance, pursuant to section 49 of the city’s charter.

26-78 Purpose and Policy.

This division sets forth uniform pretreatment requirements for indirect discharges by users of the
publicly owned treatment works of the city. The intent of this division is to enable the city to
comply with all applicable state and federal laws relating to the subject matter hereof, including,
without limitation, the federal Clean Water Act and the general pretreatment regulations codified
at part 403 of title 40 of the Code of Federal Regulations, as the same may be amended or
renumbered from time to time. The specific objectives of this division are to:

 (a) Authorize the director to establish regulations implementing the requirements of this
 division, in substantial conformance with the U.S. Environmental Protection Agency’s
 Model Pretreatment Ordinance, or such other guidance as the federal or state governments
 may prescribe from time to time relating to the subject matter of this division;

 (b) Provide for remedies for violations of said regulations, as required, authorized, or
 encouraged pursuant to applicable federal or state law;

 (c) Prevent the introduction of pollutants into the publicly owned treatment works that will
 interfere with its operations;

 (d) Prevent the introduction of pollutants into the publicly owned treatment works that are
 likely to pass through said works, inadequately treated, into the waters of the State of
 Vermont and of the United States;



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 (e) Protect city personnel and members of the public who may be affected by wastewater and
 sludge not adequately pretreated;

 (f) Provide fee authority, as set forth in section 26-84, below; and

 (g) Enable the city to comply with all applicable federal or state permits required to operate its
 publicly owned treatment works.

26-79 Definitions.

As used in this division, the following terms have the following meanings:

 (a) Director means the city’s director of public works or designee; provided that the city
 council may designate another city officer or employee as the “director” by resolution,
 solely for purposes of this division.

 (b) Indirect discharge means the introduction of any pollutant into the publicly owned
 treatment works from a nondomestic source.

 (c) Interference means any indirect discharge that, alone or in conjunction with other
 discharges, that inhibits or disrupts the publicly owned treatment works, their treatment
 processes or operations, or their sludge processes, use, or disposal, so as to interfere
 substantially with the purposes and policies set forth in section 26-78, above.

 (d) Publicly owned treatment works, or “POTW”, means all of the city’s infrastructure for the
 collection, transportation, and treatment of wastewater.

 (e) Passthrough means a discharge that exits the POTW into the waters of the State of Vermont
 or of the United States in quantities or concentrations which, alone or in conjunction with
 a discharge or discharges from other sources, would result in a violation of any requirement
 of any federal or state permit applicable to the POTW, including an increase in the
 magnitude or duration of an existing violation.

 (f) Regulations means the regulations adopted pursuant to section 26-82, below.

 (g) User means any source of indirect discharge.

26-80 Prohibited Discharges.

The following indirect discharges are prohibited:

 (a) Any indirect discharge that results in passthrough or interference.

 (b) Any indirect discharge that would violate 40 C.F.R. Section 403.3(b), as the same may be
 amended or renumbered from time to time, or that would otherwise violate federal law,
 state law, a permit issued under section 26-81, the regulations, or any other provision of
 this chapter.

 (c) Any indirect discharge done without a permit under section 26-81.
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26-81 Permits Required.

 (a) No indirect discharge shall be permitted without a permit issued pursuant to the regulations.

 (b) The regulations may provide for general permits and permit waivers.

 (1) General Permit. For those indirect discharges not requiring special conditions,
 including, without limitation, special conditions relating to pretreatment of indirect
 discharges, monitoring, and reporting, the regulations may provide for the issuance by
 the director of a general permit. Any user desiring to operate under the general permit
 shall register under that permit with the director in a manner specified in the
 regulations, pay any fee required pursuant to section 26-84, below, and comply with
 all conditions of the general permit, as specified in the regulations. More than one
 classification of general permit may be established by the regulations for different
 types of uses.

 (2) Permit Waiver. The regulations may exempt any indirect discharge from the
 requirement to obtain a permit to operate, as otherwise required by subsection (a),
 above, based on the size, nature, or other characteristics of the indirect discharge, as
 specified in the regulations. Operation within the limits of the waiver and otherwise
 in strict conformance with all applicable laws shall be deemed the functional
 equivalent of operating under a permit.

 (c) Permits may be specific to the user or may run with the use, as specified in the regulations.

 (d) If a user is required to obtain a permit, the director shall provide notification to the user by
 first class mail at the user’s physical address and mailing address for utilities billing, if
 different. The user shall then have thirty (30) days submit a complete application for a
 permit, subject to reasonable extensions granted by the director. If allowed by regulations
 adopted pursuant to this division, the notification may impose reasonable interim measures
 that the user shall take to limit interference and passthrough, pending an application for a
 permit. Except as expressly authorized in the notification, any indirect discharge by any
 user pending the issuance of a permit shall be deemed a violation of section 26-80, above.

26-82 Regulations.

 (a) Regulations Authorized. The director is hereby authorized to issue regulations, in the
 manner descried in this section, to achieve the purposes set forth in section 26-78, above.

 (b) Adoption of Regulations. Regulations drafted by the director shall be subject to review
 and approval by the city’s public works commission following a noticed public hearing
 conducted at a regular meeting of the commission. Notice of the hearing shall be included
 in the warned agenda for said meeting, and it shall be posted on the city’s website and
 published in a newspaper of general circulation within the city at least three calendar days
 prior to the hearing. The published hearing notice shall include a link the draft regulations.
 The hearing may be continued from time to time, and republication of the hearing notice
 shall not be required if the continued hearing date, time, and location are announced on the
 record at the time of the continuance. A final decision of the commission shall be made at

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 the same or a subsequent meeting as the meeting where the hearing was conducted. The
 record for the commission’s decision shall consist of the draft regulations, any written or
 oral staff report, public comments received at the hearing, and any written comments
 received at least 24 hours prior to the opening of the hearing. Regulations approved by the
 commission shall take effect seven calendar days after publication on the city’s website.

 (c) Amendment to Regulations. Any regulation may be made in the same manner as for the
 original adoption of the regulation.

26-83 Violations.

 (a) For purposes of this section, a violation of this division includes any act or omission
 committed by a user that violates any provision of this division or that causes or enables a
 violation to occur.

 (b) Violations of this division are subject to section 1-9 of this ordinance code. A violation
 may be abated as a public nuisance and prosecuted civilly or criminally as set forth in that
 section, and the director shall be authorized to issue municipal tickets thereunder.
 Notwithstanding section 1-9, the maximum fine for a violation under this division shall be
 the greater of the maximum fine available under section 50 of the city’s charter or 40 C.F.R.
 § 408.8(f)(1)(vi)(A), as the same may be amended or renumbered from time to time.If a
 court of competent jurisdiction determines that the foregoing federal law does not preempt
 the city’s charter, then the maximum fine shall be determined by charter.

 (c) The director may report any violation to appropriate federal and state officials and may
 issue such orders to any user to comply with this division or to cease and desist from any
 violation thereof as may be necessary or convenient to achieve the objects and purposes
 set forth in section 26-78, above. An order shall contain notice that an appeal of the order
 must be filed with the director in writing within 15 calendar days thereof. Such an appeal
 shall be heard by the public works commission at its next regular meeting unless a different
 hearing date is agreed between the user and the director. If the order is upheld by the
 commission, then it shall be appealable to the superior court pursuant to rule 74 of the
 Vermont Rules of Civil Procedure. Refusal to comply with a final order shall be subject
 to subsection (b) of this section. The City Attorney may also bring an action to enforce the
 order and, if relief is granted, shall be entitled to an award of reasonable attorneys’ fees
 and costs.

 (d) If necessary following repeated and severe violations of this division or to avoid a
 substantial likelihood of significant environmental harm or of harm to any person or real
 property of another, the director may take such actions as may be reasonable necessary to
 cease indirect discharges from any user, including by shutting off the user’s water supply.

 (e) Any individual or property owner who suffers substantial bodily harm or property damage
 as a proximate cause of any violation of this division may bring an action to recover the
 individual or property owner’s actual damages, pursuant to section 54 of the city charter.




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 (f) In case of any physical harm to the POTW proximately caused by any violation of this
 division, the city may bring an action to recover its actual damages, attorneys’ fees, and
 costs.

 (g) The remedies set forth in this section are cumulative with one another and with those
 provided by federal or state law.

26-84 Fees.

The city council may, by resolution, adopt a fee schedule setting forth fees for permit applications
and for activities under the regulations requiring significant staff time, including any reasonable
fees for the filing of an appeal under section 26-83(b), above, or for inspections and related
activities.




 12


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EMAIL TO POTENTIAL CATEGORICAL AND SIGNIFICANT INDUSTRIAL USERS
Sent 4/20/2026

Dear Business Owner,

I’m writing to give you an update on the City of Burlington’s efforts to launch a local Industrial
Prevention Pollution Program that will ensure that all discharges to the City’s wastewater system are
compliant with State (10 VSA §1263) and Federal Law (40 CFR Part 403). The timing of this update is
relevant for a few reasons – chief among them:
 1. As part of a grant we received to support compliance with these State and Local
 regulations, we are required to advance several updates to our Sewer Use Ordinance
 (see more below)
 2. We have been working with the State Legislature to update 10 VSA 1263 so that
 compliance with the above State and Federal regulations can be addressed at the
 municipal level in Burlington vs. permitting by the State.
 It is important that you know that neither of these updates create any immediate changes for you or
your facility. However, as they are part of a larger trajectory that will involve your cooperation and
compliance, we wanted to make sure you were aware of them.

In the recent year, the Vermont Department of Environmental Conservation (VTDEC) has made it clear
to the Burlington Water Resources Division (BWRD), as the holder of the discharge permits for our
City’s Wastewater Treatment Plants, that industrial users in Burlington will need to fully comply with all
applicable State and Federal laws. While they have not established a definitive timeline, it is BWRD’s
understanding that there needs to be movement towards correcting any gap no matter the regulatory
framework.

As you may or may not recall through past conversations with BWRD or our consultant Hoyle Tanner, it
is a regulatory requirement that the following types of industrial users be reviewed and, in many cases,
ultimately be regulated by facility specific pre-treatment permits that establish limits and other
requirements regarding the amount of pollutants that can be discharged to the wastewater system:

 1. industrial users who discharge or have the potential to discharge certain pollutants (e.g.
 heavy metals etc.) that may harm the wastewater facility; and/or
 2. industrial users who discharge or have the potential to discharge significant volumes of
 high strength (containing organic material which has high biological oxygen demand -
 BOD) wastewater that may harm the wastewater facility.
These determinations and any resulting permit requirements are different from the biological oxygen
demand (BOD) surcharge fee agreements that are in place for many of you.

Local Pre-treatment Program vs. State Regulation of Burlington Industrial Users
The City has also been working with VTDEC and the Legislature to develop a mechanism that would
authorize the State to delegate the administration of pre-treatment requirements to a municipal
wastewater utility. This is the model followed in many other states. It has the benefits of reducing the
need for duplicative review, permitting and fees and maintaining a direct relationship to maximize
collaboration between utility operations and technical staff and the municipality’s industrial users. The
amendment to §1263 is currently in the House Environment Committee and we hope to see legislation




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passed this session. VTDEC would still be the authority reviewing and approving any proposed local
program.

Sewer Use Ordinance Update
As you may also remember, in recent years, BWRD has been performing work to review the breadth of
industrial users of all sizes, do initial calculations regarding how much of certain pollutants BOD the
plant can handle, and develop a framework for how BWRD might be able to directly regulate industrial
users vs. the State regulating the City’s industrial users. Recently, this work was supported by a State
ARPA (American Rescue Plan Act) grant. Part of the ARPA grant requirement includes the need to
complete updates to our Sewer Use Ordinance before the end of August 2026. BWRD is introducing a
draft of these proposed updates at the Burlington City Council Meeting on April 27. It will then be
referred to the Ordinance Committee of the City Council for additional review in the intervening
months and eventual recommendation back to the City Council before the end of August.

The DRAFT Sewer Use Ordinance updates include the following elements, several of which also apply
to non-industrial water/wastewater connections:
  Authority and framework to adopt regulations, in general
 o The update does NOT adopt the regulations. That would be a future
 step and would involve additional stakeholder outreach.
  Authority and framework for Council to adopt fees for permits
 o The update does NOT adopt those fees
  Pre-treatment Requirements Section
 o Allows the City Council to adopt interim local limits (these are the
 “total” amount of a pollutant that the wastewater system can receive,
 not the total amount a specific user can discharge) and future updated
 surcharge fees.
 o If authority to delegate is granted by the Legislature and the State
 approves the local program for delegation (see Next Steps: Local
 Implementation Framework) and the City provides public notification:
  Establishes general pre-treatment requirements for the
 City’s sewer system
  Allows a governing body of the City (currently the
 Public Works Commission but this could change) to
 adopt pre-treatment regulations. Regulations are the
 mechanism by which future local industrial user
 permitting would occur.
  These would only be advanced after a
 stakeholder process and a public
 hearing.
The current draft revisions to the ordinance are attached for your review. We anticipate that language
may change during the course of review by the Ordinance Committee.

Next Steps
There are a few near term steps that we feel are important to outline:
  Additional Sampling Round of Large High Strength Users: It is of utmost importance to
 BWRD that any individual pre-treatment permits issued to the significant (larger) high
 strength industrial users (regardless of whether from the State or the municipality) contain
 relevant and reasonable pollutant limits and that the data used to determine these limits




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 reflects current operations. As such, a necessary step in the longer trajectory of permitting
 is the collection of additional samples from your facility’s effluent. BWRD will be procuring
 technical services to conduct an additional round of sampling in the coming months. We
 will also use this data to update any concentrations that are currently used in the
 calculation of BOD surcharge fees as we understand many of you have already been
 working to reduce your BOD discharges. In the same vein, we would also like to review
 your current process water flow metering (if any) to ensure we are using the best possible
 estimates of wastewater flow for both your surcharge fee calculation and your retail
 wastewater charges. We will contact you with more information on scheduling this
 sampling.
  Additional Outreach to Industrial Users with other Pollutants of Concern: BWRD will be
 working with any smaller scale industrial users who potentially discharge pollutants of
 concern other than organics (e.g. metals) to review operations and determine whether
 these businesses, might, through a change in operations, qualify for a “no discharge”
 determination.
  Local Program Implementation Framework: If the Legislature passes the desired
 statutory change, there will still be significant additional work to develop all the
 components of a local pollution program and to have it reviewed and approved by the
 VTDEC before any permitting actions can be taken at the local level. Part of this process
 will be to finalize and adopt the pre-treatment regulations that are enabled (but not
 adopted) in the Chapter 26 Ordinance update mentioned above. There will be additional
 and more detailed outreach to the identified industrial users before the regulations are
 advanced.

If you have any questions regarding this update or the City’s efforts to pursue a local Industrial
Prevention Pollution Program, please let us know. My team and I will be happy to set up a meeting to
discuss any questions or concerns you may have about the proposed trajectory of compliance and how
they might affect you. Otherwise, we will continue to reach out with updates on the above and on
specifics as they are available for your particular facility.

Best Regards,


Megan

Megan Moir (she/her)
Division Director - Water Resources
Burlington Public Works Department
P (802) 863.4501
C (802) 734.4595
Email: mmoir@burlingtonvt.gov




 Page 42 of 56
To: Ordinance Committee
From: Megan Moir, Division Director Water Resources
Cc: Chapin Spencer, DPW Director
Date: June 5, 2026
Subject: Update on Industrial Pollution Prevention Program & Chapter 26 Sewer Use Ordinance
 Revisions



SUMMARY

The Water Resources Division (WRD) is providing this update to the Ordinance Committee regarding the Industrial
Pollution Prevention Program (IPPP) and the proposed revisions to Chapter 26 of the Burlington Code of
Ordinances. WRD seeks the review and ultimate approval of the proposed updates to Chapter 26, with referral
and recommendation of approval by the end of August 2026 by the full City Council.
BACKGROUND

As reported to City Council, WRD has resumed and expanded long-term efforts to develop a local Industrial
Pollution Prevention Program and align the Sewer Use Ordinance with Federal and State requirements. Please
see the April 27, 2026 memo which provides substantial background on these efforts.

Much of the later stages of these efforts are funded by an American Rescue Plan Act (ARPA) grant. In order to
comply with the grant deliverable requirements and deadlines, the proposed update to the ordinance must be
adopted by Council by mid-August 2026. Based on the currently available calendar data, this means that the
ordinance committee would ideally act no later than the July 16 meeting to allow for Council approval on the
August 3 meeting. An August 24 Council target date could also work, but it does not appear that there are
additional non “IZ” Ordinance committee meetings available. Water Resources is open to discussing what works
best for the committee.

Since the April 27, 2026 meeting, the Legislature did vote in the affirmative on S.212, which provides the updates
necessary in 10 VSA §1263 to allow for a local municipal program to meet the requirements of pre-treatment
permitting. The bill also updates 10 VSA §1971 to allow for the eventual delegation of “connection permitting
authority to municipalities” which will allow the review already performed by Burlington Water Resources to
satisfy the requirements of the water/wastewater permitting that is currently administered solely by the State
(and which causes some confused and duplicative effort). It is awaiting signature by the Governor in the coming
weeks. Several of the ordinance updates relate to those anticipated statutory updates.

WRD has been holding on additional IPPP actions pending the outcome of the 2026 Legislative Session. With the
success of the statutory changes and with the ordinance update proceeding to Ordinance Committee review,
WRD will be resuming with the “Next Steps” trajectory outlined in the April 27, 2026 memo.

We look forward to discussing the proposed updates to the Chapter 26 ordinance with the Committee.




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DRAFT MOTION
Ordinance Committee:
 1. “To approve the proposed Sewer Use Ordinance and to refer it back to the full Council with a
 recommendation of approval.”


Thank you for your consideration of this request.




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Email from Roland Dion, 2026-05-11

Good morning all
First
I would like to add my support to Joanne’s comments regarding ongoing issues involving the safety and
lack of respect in our neighborhood with kids on electric bikes
It is a BIG concern for me and other neighbors
I’ve lived here for 47 yrs and have not experienced this ongoing behavior
I now feel threatened as they have come on my property and harass by knocking on the door day and
night
I have call BPD two times on Thursday evening and asked for assistance , which
never happened

They were 7 on electric bikes going up an down the side walk in front of my house stopping and staring
in to intimidate
One kid on a white e bike jumped on my porch and started knocking on the door
and continued back to the road and dropped his pants to moon me
I grabbed the kids bike and held it and demanded him to tell me his name
He was not intimidated while his partners were using their phone to video me
He told me his name was Ivan Driscoll
Most this started when my wife was outside and yelled at this group on a golf cart racing up the side
walk and yelling

I’m asking you counselor’s for your assistance
in this on going problem
Thank you
Roland Dion




 Page 51 of 56
Email from Chief Shawn Burke, 2026-05-12

Good afternoon, Councilors Barlow and Carpenter,

BPD has noticed the growing trend of electrified motorcycles being operated around town. The
proposed ordinance change I recently reviewed does not address motor-driven cycles which are
defined in state statute nor these high wattage cycles.

I would suggest that the ordinance include the state definition of motor-driven cycle and explicitly
prohibit the operation of motor-driven cycles on all paths, parks, and sidewalks. Additionally, these
electrified motorcycles are a blend of low and high wattage, many of which require Vermont
registration and operators to be 16 years of age, licensed, with a valid motorcycle endorsed. The
proposed ordinance should also prohibit the operation of electrified cycles with a motor that
exceeds 750 watts, or similar definition, to best address the prevalence of these high-speed cycles
on city paths, parks, and sidewalks. This piece from Vermont Public illustrates the challenge and
how South Burlington chose to approach their ordinance.

Enforcement will be a challenge given our lack of human resources at the PD. We will also have to
look at strict prohibitions on giving chase to violators who refuse to stop - the risk of injury would
likely outweigh the government's interest in enforcing the law.

Best,
SPB




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Email from Joanne Kalisz, 2026-05-09

Hello Sarah, Mark, and Phil,

I am contacting you about a rapidly increasing problem in my neighborhood (Oakland Ter / Staniford Rd
area) and on the bike path (between Leddy Park and The Colchester Bridge). There has been a
significant increase in dirt bikes/scooters/mopeds/e-bikes on city streets and the bike path. I do not
know specifically what these bikes are called but they are powered by either electricity or gas. Many of
the bikes are being ridden by boys who are between 11-15 years old. I have spoken with other residents
on my street and many are concerned and question whether it is legal for the kids to be riding these
bikes on city streets and on the bike path. The bikes are loud and disruptive and the riders have used
the bikes to damaged city property. People are concerned that a child is going to either hurt themselves
or someone else. No one wants to see a kid get hit by a car but the way the kids ride, that is going to
happen. What people are not mentioning is how, as a driver, it could ruin your life to hit a child on a bike
even if the child was at fault for being reckless or failing to stop at an intersection or stop sign and the
driver had the right of way.

I have lived in this neighborhood for at least 15 years and it was a safe, quiet, and respectful
neighborhood. I walk A LOT and I cover between 50-75 kilometers a week. Mark and Sarah, as you
know, in the past 2 years I have been experiencing an increase in rude, thoughtless, and disrespectful
behavior when I am walking my dogs. The motorbikes/dirt-bikes is a new chapter of the increasing
problems in the NNE. I know I am not the only one being affected and I have started speaking up as
some people are afraid to speak up.

Reckless behavior I have witnessed:
- Ride very fast on city streets and the bikepath. Sometimes going at least 30mph
- Hit their breaks and scare people, send dirt airborne, and make holes on side of bike path and on green
belt on city streets.
- Do not pay attention to cars, pedestrians, runners, cyclists
- Do not stop at stop signs or T-intersections
- Do not follow the Greenway Guidelines
- Ride on the wrong side of the road when on city streets
- Ride VERY close to cars
- Zoom in front of moving cars
- Weaving back and forth in front of cars (sometime 2-3 kids together)
- Do not wear helmets
- Do not use use lights at night

Damage to Public Property:
In the past 3 weeks, the bikes have done noticeable damage to the dirt paths that run on both sides of
the bike path. I overheard a woman reporting it to a Parks employee who was doing work on the bike
path, I added my observations, as I was leaving another woman joined her. I have started
photographing the damage and have reported it on See, Click, Fix. The damage is occurring more and
more frequently.

For example, earlier this week the bikes made numerous holes on the bike path. I walked on the bike
path on Friday and was thankful that someone had filled in the holes that bikes had made. By Saturday
evening I photographed 9 new skid-marks - many which had holes as deep as 4” in a 3/4 mile span of the




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bike path (between Staniford Rd and Northgate/Northshore steps). I covered LESS than a mile and there
were almost a dozen noticeable skid-marks and holes. This is also a safety hazard as someone could trip
over the holes and uneven ground and fall and injure themselves. I have witnessed boys who look to be
around 11-13 years old intentionally making these holes as they ride very fast and then screech their
tires. This scares people and dogs and kicks up a lot of dust and ruins the side of the bike path.

Harassment:
I have heard that they are intentionally scaring people and dogs on the bike path by speeding VERY
close, popping wheelies when they pass, and screeching to a stop in front of people. At first I thought
maybe the kids didn’t realize what they were doing. NOPE!

Tonight (May 9th) at approximately 8pm, I experienced this first hand. I was walking across Starr Farm
Park and was on the trail that runs parallel to the bike path. A boy rode his bike directly at me and when
I told him not to do that he got rude and argumentative. I raised my voice to a firm, no-nonsense voice
and told him to be respectful and to not ride at us. He was joined by 2 other boys on dirt-
bikes/scooters/mopeds and they proceeded to harass me and my dogs by swearing, yelling, making
weird noises, honking (one had a horn on his bike), and threatening me (one yelled that he was “going
to fuck my dogs up their assholes"). I would NEVER have talked like that to an adult when I was there
age. I yelled at them to get away from me and to be respectful and watch what they say to me. I did
NOT swear at them or call them any names. I kept repeating be respectful, watch how you talk to me,
slow down, don’t ride at me, stop scaring us, etc.. They rode their bikes in a large circle around me
while yelling at me and honking trying to scare me and my dogs. I yelled that I was calling the police -
which I did. They crossed a line and were no longer just “clueless kids" and they were intentionally
following, circling, yelling at, and threatening me.

Increasing Concern:
I am NOT the only one in my neighborhood who is concerned about the increase in these bikes and the
reckless behavior. I have spoken to a couple people and some have had negative encounters with kids
on dirt-bikes. Others do not like the noise and are worried a kid is going to get hit by a car or is going to
ride their bike into a person, small child, or dog. I have been encouraging people to speak up as the
more people who speak up the more likely the city will take us seriously. Those who have shared their
concerns with me do not want to report it for various reasons (keeping neighbor relations civil, not
wanting to cause trouble, not knowing who the kids are, not thinking anything will get done, not
wanting to burden the police).

Who are the kids?
I do not know who they are. They are NOT all from Oakland Terrace. A neighbor believes that some of
the kids riding the bikes live on Staniford Rd and Killarney Dr. A friend told me one used to live on Tracy
Dr (but I heard he moved). The kids who harassed me this evening disappeared pretty fast so I wonder if
some also live in the Starr Farm Neighborhood and/or Northgate.

Next Steps:
When I spoke with the BPD, the officer mentioned that it really falls down to parenting (or lack
thereof). I have spent a lot of time working with kids as both a teacher and in afterschool
programs. The reality is that when parents fail to address this behavior when the kids are young, it leads
to more concerning and dangerous behavior when the kids mature. Even with the families of people I
genuinely like, if they fail to address problematic behavior and have consequences, then it gives the
child the message that this type of behavior is acceptable. Riding dirt-bikes recklessly when they are 12




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with little to no consequence can result in them driving cars recklessly as young adults and committing
vehicular homicide.

If parents are not going to teach kids about safe and respectful riding, then it is up to Burlington to do
this either in school or in afterschool or community events. I am also asking that Burlington ban these
bikes from the bike path and city streets. If they are already illegal to ride, then Burlington needs to
enforce this. Laws do nothing if we do not enforce them, and I am getting sick of being the one who has
to enforce grossly concerning behavior when I just want to go on a quiet walk with my dogs.

PLEASE let me know what else I can do to get this to stop. What do other neighbors need to say? Who
else do we need to report this to?

p.s. What are the laws on children driving golf carts on the street or sidewalk? While the kid who drives
the golf cart seems responsible, recently I have seen a couple concerning things such as FIVE kids and no
seat belts in the golf cart and driving after dusk with no headlights. I hate being the “fun police” but
between the dirt-bikes and the golf cart and permissive parenting, I’m starting to feel like I’m in a Mad
Max movie.

Have a Happy Fantastic Day!
-Joanne




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Page 56 of 56

Ordinance Committee
 Friday, June 5, 2026
 Bushor Conference Room, City Hall
 or Remote via Zoom. Burlington, Vermont
 DRAFT MINUTES


Members Present: Councilor Bergman (Chair), Councilor Barlow, Councilor Carpenter (on-
line)
Staff Present: Kim Sturtevant (Assistant City Attorney), Erik Ramakrishnan (Assistant City
Attorney), Mike Schramm (DPW), Caleb Manna (DPW), Phillip Peterson (DPW), Megan Moir
(Water Resources Director), Seth Kuchenbecker (DPW), Amelia McClure (DPW), Eleanor
Walker (DPW), Deputy Chief Jon Young (BPD), Phil Lewis (Parks Director)
Public Present: Sharon Bushor, Jack Evans
Meeting called to order at 2:04 PM.
1. Adopt the Agenda
1.1 Adopt the Agenda
Motion to Adopt Agenda.
Motion by Councilor Barlow, Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous

2. Adopt Draft Minutes
2.1 Adopt Draft Minutes from May 12, 2026
2.2 Adopt Draft Minutes from May 21, 2026
Motion by Councilor Barlow to adopt both the May 12, 2026 and May 21, 2026 minutes,
Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous


3. Public Forum
Sharon Bushor: I have three comments. I hope that staff can find the questions posed by the
Committee in the collaborative session so that members can refer back to them. The
communications sent to the Committee regarding ebikes are from negative encounters. For the
water ordinance, I think the 3 day notice period to make a change should be broadened. I am
also worried about toxins from places that might not appear as industrial, such as garden centers.
4. Ordinance Chapter 26 Industrial Pollution Prevention Program Discussion
Megan Moir (Water Division Director) gave an overview of the ordinance change. A memo
from Megan Moir is available in the agenda packet on CivicClerk.
Councilor Barlow asked about which industries would be subject to the earliest roll out of this
ordinance change. Megan Moir said that breweries and wastewater treatment plants themselves
both have large volumes of industrial wastewater and would be the first to have the permit
process. After that would be bakeries and other food-related businesses. She added that
businesses that work with metals are permitted through the state.
Megan Moir said that the changes to the connections portion of the ordinance is to minimize
paperwork and not have builders and developers going back and forth between the City and the
State for different permits.
Councilor Carpenter asked if Water Resources had spoken with developers and their consultants.
Megan Moir said she sat in on a state-led study group that did that, but Water Resources will
continue to make the process easier and not necessarily require an engineer to do smaller work
like creating an ADU.
Attorney Ramakrishnan went through the draft ordinance changes. The draft ordinance is
available in the agenda packet on CivicClerk.
Councilor Bergman said he disagrees with the draft ordinance’s delegation of regulation
authority to the Public Works Commission.
Megan Moir responded that the reasoning was that regulation changes are technical documents
and it would be easier for stakeholders to interact and participate in the Commission’s discussion
as opposed to the full City Council. She added that she is not opposed to having the City
Council also do a review.
Councilor Bergman said commissions in the City are appointed in an inherently political process
in the Council and that they can be, at times, a rubber stamp for the departments they advise. He
added that he thinks having a notice period after the Commission’s review during which time the
Council could take up the matter could be a solution.
Councilor Barlow asked if the Public Works Commission has any other responsibilities related to
Water Resources. Megan Moir said no, they are largely advisory. She added that the
Commission is involved in approving borrowing for projects.
Councilor Bergman clarified that he would like the Commission to receive proposed changes to
regulations and do a thorough technical review and give a tentative adoption pending a notice
period when the Council could take up the matter if need be.
Councilor Barlow said he would prefer a longer notice period for regulation changes. All
councilors agreed three days’ notice is insufficient. Councilors posited 30 days as a potential
notice period.
Councilor Bergman said he would to have each rehearing of the regulation change to have a
notice republished.
Councilor Bergman proposed that lines 33-34 of the draft ordinance be changed to include a 21
day notice period after tentative adoption by the Commission and publication on the City’s
website. During that period the City Council can take up the issue if desired.
5. Motorized Bicycle Ordinance Discussion
Phillip Peterson (DPW Engineer) shared a blurred recent video of e-moto bikes on the bike path.
This video is intentionally not included in the agenda packet.
Philip Peterson said that the e-motos in the video are traveling at roughly 31 MPH on the bike
path and that bikes like these are not ebikes, but instead are motor vehicles that are regulated as
motorcycles.
Phillip Peterson said that the City has already provided the school district with fliers detailing the
penalties for riding e-motos in locations they are not allowed. The Parks Department will be
creating signs with similar information. He added that DPW is looking for direction from the
City Council about allowing non-police officers to issue local tickets for ordinance violations.
Jack Evans (Local Motion) said Local Motion is having a roundtable discussion on this issue.
He continued that they are working with national partners on this and will report back to DPW
and/or the Committee on what they have learned.

Councilor Barlow said that he sees school-age children on a daily basis on these e-motos. He
said that education about this issue is very important and that parents and children may not know
how e-motos are regulated. He said he would like multiple signs along the Bike Path that
educate riders.

Councilor Bergman said that he believes any city official who is authorized to write tickets can
ticket for bicycle ordinance violations, but motor vehicle tickets have to be from a law
enforcement officer. Since e-motos are motor vehicles, there may be a change required for other
officials to issue tickets.

Councilor Barlow said it might be a good idea to have a speed limit or advisory speed limit on
the Greenway. Councilor Bergman said that he isn’t sure the Greenway is a street and if the
Public Works Commission would have authority to implement that change.

Councilor Bergman said that the Bike Path is a park and thus motor vehicles are not allowed.
Changes to Bike Path regulations would be with the Parks Commission.

Phillip Peterson went through the changes that he and DPW will be working on. First, is the
update to Chapter 6-1 to update definitions and add a strict power cap at 28 MPH. Second,
establishing a Bike Path speed limit. Third, authorizing non-police enforcement of these
regulations. Fourth, updating and establishing relevant penalties for the different violations.
Councilor Carpenter said she would like to get these changes fast-tracked. She said she is
willing to do special meetings to get this done.

5. Any Other Committee Business
Councilors agreed to discuss the Industrial Pollution ordinance and e-motos ordinance at the next
meeting on June 18th at 4:30PM.
6. Adjournment
Motion to adjourn by Councilor Bergman, without objection.
The meeting was adjourned at 4:23PM.