reglab/housing_qa huggingface dataset:
6 V.S.A. § 4857
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4857. Definitions

§ 4857. Definitions|As used in this subchapter:  (1) "Animal feeding operation" (AFO) means a lot or facility where the livestock or domestic fowl have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and crops, vegetation, or forage growth are not sustained in the normal growing season over any portion of the lot or facility. Two or more individual farms qualifying as an AFO which are under common ownership and which adjoin each other or use a common area or system for the disposal of waste, shall be considered to be a single AFO if the combined number of livestock or domestic fowl resulting qualifies as a medium farm as defined in subdivision (2) of this section. (2) "Medium farm" is an AFO which houses 200 to 699 mature dairy animals, 300 to 999 cattle or cow/calf pairs, 300 to 999 veal calves, 750 to 2,499 swine weighing over 55 pounds, 3,000 to 9,999 swine weighing less than 55 pounds, 150 to 499 horses, 3,000 to 9,999 sheep or lambs, 16,500 to 54,999 turkeys, 9,000 to 29,999 laying hens or broilers with a liquid manure handling system, 25,000 to 81,999 laying hens without a liquid manure handling system, 37,500 to 124,999 chickens other than laying hens without a liquid manure handling system, 1,500 to 4,999 ducks with a liquid manure handling system or 10,000 to 29,999 ducks without a liquid manure handling system. (3) "Small farm" is an AFO which houses no more than 199 mature dairy animals, 299 cattle or cow/calf pairs, 299 veal calves, 749 swine weighing over 55 pounds, 2,999 swine weighing less than 55 pounds, 149 horses, 2,999 sheep or lambs, 16,499 turkeys, 8,999 laying hens or broilers with a liquid manure handling system, 24,999 laying hens without a liquid manure handling system, 37,499 chickens other than laying hens without a liquid manure handling system, 1,499 ducks with a liquid manure handling system or 9,999 ducks without a liquid manure handling system. (4) "Domestic fowl" means laying hens, broilers, ducks, turkeys, or any other number or type of fowl that the Secretary deems domestic fowl. (5) "Livestock" means cattle, swine, sheep, goats, and horses, or any other number and type of domestic animal that the Secretary deems livestock. (Added 2003, No. 149 (Adj. Sess.), § 8, eff. June 3, 2004; amended 2015, No. 39, § 13.)
6 V.S.A. § 4859
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4859. Public notice and hearing

§ 4859. Public notice and hearing|The Secretary shall issue public notices and conduct public hearings regarding the issuance of general or individual permits under this subchapter consistent with the requirements set forth in 40 C.F.R. Part 124. (Added 2003, No. 149 (Adj. Sess.), § 8, eff. June 3, 2004.)
6 V.S.A. § 4861
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4861. Appeal

§ 4861. Appeal|A person aggrieved by a permit decision of the Secretary under this subchapter may seek de novo review by the Environmental Division within 30 days of the decision of the Secretary. A person aggrieved by a final ruling of the Secretary on an application for coverage under a general permit adopted pursuant to this section may appeal to the Environmental Division; provided, however, that the appeal shall be limited in scope to whether the medium farm complies with the terms and conditions of the general permit. For purposes of this section, "a person aggrieved " means a person who alleges an injury to a particularized interest where the injury is attributable to an act or decision by the Secretary under this subchapter, and the injury can be redressed by the Environmental Division or the Supreme Court. (Added 2003, No. 149 (Adj. Sess.), § 8, eff. June 3, 2004; amended 2009, No. 154 (Adj. Sess.), § 236.)
6 V.S.A. § 4961
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4961. Purpose

§ 4961. Purpose|The purposes of this subchapter are to:  (1) enhance the economic viability of farms in Vermont; (2) improve the health and productivity of the soils of Vermont; (3) encourage farmers to implement regenerative farming practices; (4) reduce the amount of agricultural waste entering the waters of Vermont; (5) enhance crop resilience to rainfall fluctuations and mitigate water damage to crops, land, and surrounding infrastructure; (6) promote cost-effective farming practices; (7) reinvigorate the rural economy; and (8) help the next generation of Vermont farmers learn regenerative farming practices so that farming remains integral to the economy, landscape, and culture of Vermont. (Added 2019, No. 64, § 11.)
6 V.S.A. § 4962
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4962. Definitions

§ 4962. Definitions|As used in this subchapter:  (1) "Certified Vermont Environmental Steward" means an owner or operator of a farm who has achieved the thresholds for the Vermont Environmental Stewardship Program to be certified as a farm that improves soil health and contributes to improving water quality. (2) "Regenerative farming" means a series of cropland management practices that:  (A) contributes to generating or building soils and soil fertility and health; (B) increases water percolation, increases water retention, and increases the amount of clean water running off farms; (C) increases biodiversity and ecosystem health and resiliency; and (D) sequesters carbon in agricultural soils. (Added 2019, No. 64, § 11.)
6 V.S.A. § 4963
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4963. Regenerative farming; Vermont Environmental Stewardship Program

§ 4963. Regenerative farming; Vermont Environmental Stewardship Program|(a) Establishment of Program. There is created within the Agency of Agriculture, Food and Markets the Vermont Environmental Stewardship Program (VESP) to provide technical and financial assistance to Vermont farmers seeking to implement regenerative farming practices to achieve certification as a Certified Vermont Environmental Steward.(b) Program standards; application. The Secretary of Agriculture, Food and Markets shall establish by procedure standards for certification as a Certified Environmental Steward. Application for certification shall be made in the manner required by the Secretary of Agriculture, Food and Markets.(c) Program services. The VESP shall provide the following services to farmers voluntarily seeking to transition to achieve certification as a Certified Vermont Environmental Steward:  (1) information and education regarding the requirements for certification, including the method, timeline, and process of certification; (2) technical assistance in completing any required application for certification; (3) technical assistance in developing plans and implementing practices to achieve certification from the VESP; and (4) technical assistance in complying with the requirements of the VESP after a farm is certified.   (d) Financial assistance; eligibility. An owner or operator of a farm participating in the VESP shall be eligible for financial assistance from existing Agency of Agriculture, Food and Markets financial assistance programs for costs incurred in implementing any of the practices required for certification as a Certified Environmental Steward.(e) Revocation of certification. The Secretary may, after due notice and hearing, revoke a certification issued under this section when the owner or operator of a certified farm fails to comply with the standards for certification established under subsection (b) of this section.(f) Administrative penalty; falsely advertising. The Secretary may assess an administrative penalty of up to $1,000.00 against the owner or operator of a farm who knowingly advertises as a Certified Environmental Steward when not certified by the Secretary. (Added 2019, No. 64, § 11.)
6 V.S.A. § 4981
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4981. Agricultural Water Quality Training

§ 4981. Agricultural Water Quality Training|(a) On or before July 1, 2016, as part of the revisions of the required agricultural practices, the Secretary of Agriculture, Food and Markets shall adopt by rule requirements for training classes or programs for owners or operators of small farms, medium farms, or large farms certified or permitted under this chapter regarding:  (1) the prevention of discharges, as that term is defined in 10 V.S.A. § 1251(3); and (2) the mitigation and management of stormwater runoff, as that term is defined in 10 V.S.A. § 1264, from farms.   (b) Any training required under this section shall address:  (1) the existing statutory and regulatory requirements for operation of a large, medium, or small farm in the State; (2) the management practices and technical and financial resources available to assist in compliance with statutory or regulatory agricultural requirements; (3) the land application of manure or nutrients, methods or techniques to minimize the runoff of land-applied manure or nutrients to waters of the State; and identification of weather or soil conditions that increase the risk of runoff of land-applied manure or nutrients to waters of the State; and (4) standards required for nutrient management, including nutrient management planning.   (c) The Secretary shall include the training required by this section as a condition of a large farm permit, medium farm permit, or small farm certification required under this chapter. The Secretary may phase in training requirements under this section based on farm size, permit or certification category, or available staffing. On or before July 1, 2017, the Secretary shall establish a schedule by which all owners or operators of small farms, medium farms, or large farms shall complete the training required by this section.(d) The Secretary may approve or authorize the training required by this section to be conducted by other entities, including the University of Vermont Extension Service and the natural resources conservation districts.(e) The Secretary shall not charge the owner or operator of a large, medium, or small farm for the training required by this section. The Secretary shall pay for the training required under this section from funds available to the Agency of Agriculture, Food and Markets for water quality initiatives. (Added 2015, No. 64, § 15.)
6 V.S.A. § 4987
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4987. Definitions

§ 4987. Definitions|As used in this subchapter, "custom applicator" means a person who is engaged in the business of applying manure or agricultural waste to land and who charges or collects other consideration for the service. Custom applicator shall include full-time employees of a person engaged in the business of applying manure or agricultural waste to land, when the employees apply manure or agricultural waste to land. A certification fee of $30.00 will be charged annually to all persons meeting this definition. (Added 2015, No. 64, § 16; amended 2015, No. 149 (Adj. Sess.), § 23; 2021, No. 47, § 7.)
6 V.S.A. § 4988
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4988. Certification of custom applicator

§ 4988. Certification of custom applicator|(a) On or before July 1, 2016, as part of the revision of the Required Agricultural Practices, the Secretary of Agriculture, Food and Markets shall adopt by rule a process by which a custom applicator shall be certified to operate within the State. The certification process shall require a custom applicator to complete eight hours of training over each five-year period regarding:  (1) application methods or techniques to minimize the runoff of land-applied manure or agricultural waste to waters of the State; and (2) identification of weather or soil conditions that increase the risk of runoff of land-applied manure or agricultural waste to waters of the State.   (b) A custom applicator shall not apply manure or agricultural waste unless certified by the Secretary of Agriculture, Food and Markets.(c) A custom applicator certified under this section shall train seasonal employees in methods or techniques to minimize runoff to surface waters and to identify weather or soil conditions that increase the risk of runoff. A custom applicator that trains a seasonal employee under this subsection shall be liable for damages done and liabilities incurred by a seasonal employee who improperly applies manure or agricultural waste.(d) The requirements of this section shall not apply to:  (1) an owner or operator of a farm applying manure or agricultural waste to a field that he or she owns or controls; or (2) application of manure or agricultural waste by a farm owner or operator on a field of another farm owner or operator when the total annual volume applied is less than 50 percent of the annual manure or agricultural waste by volume generated on the farm where the manure or agricultural waste is spread, provided that the Secretary may approve the application of more than 50 percent of the annual manure or agricultural waste generated on a farm by another farm operator when circumstances require and application of the manure or agricultural waste would not pose a significant potential of discharge or runoff to State waters.   (e) The Secretary may require any person applying manure or agricultural waste under subsection (d)(2) of this section to comply with the requirement for certification of a custom applicator. (Added 2015, No. 64, § 16; amended 2019, No. 129 (Adj. Sess.), § 15; 2021, No. 47, § 7.)
6 V.S.A. § 4989
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4989. Certification of nutrient management plan technical service providers

§ 4989. Certification of nutrient management plan technical service providers|(a) The Secretary of Agriculture, Food and Markets shall adopt by rule a process by which a nutrient management technical service provider shall be certified to operate within the State. The certification process shall require a nutrient management technical service provider to complete eight hours of training over each five-year period regarding:  (1) calculating manure and agricultural waste generation; (2) taking soil and manure samples; (3) identifying and creating maps of all natural resource features; (4) use of erosion calculation tools; (5) reconciling plans using records; (6) use of nutrient index tools; and (7) requirements within the Required Agricultural Practices, Medium Farm Operation rules and general permit, and Large Farm Operation rules.   (b) Beginning 45 days after the effective date of the rule adopted by the Secretary of Agriculture, Food and Markets under subsection (a) of this section to regulate nutrient management technical service providers, a nutrient management technical service provider shall not create a nutrient management plan for a farm unless certified by the Secretary of Agriculture, Food and Markets. (Added 2017, No. 194 (Adj. Sess.), § 5a, eff. May 30, 2018; amended 2019, No. 64, § 10.)
6 V.S.A. § 4991
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4991. Purpose

§ 4991. Purpose|The purpose of this subchapter is to provide the Secretary of Agriculture, Food and Markets with the necessary authority to enforce the agricultural water quality requirements of this chapter. When the Secretary of Agriculture, Food and Markets determines that a person subject to the requirements of the chapter is violating a requirement of this chapter, the Secretary shall respond to and require discontinuance of the violation. The Secretary may respond to a violation of the requirements of this chapter by:  (1) issuing a corrective action order under section 4992 of this title; (2) issuing a cease and desist order under section 4993 of this title; (3) issuing an emergency order under section 4993 of this title; (4) revoking or conditioning coverage under a permit or certification under section 4994 of this title; (5) bringing a civil enforcement action under section 4995 of this title; (6) referring the violation to the Secretary of Natural Resources for enforcement under 10 V.S.A. chapter 201; or (7) pursuing other action, such as consulting with a farmer, within the authority of the Secretary to assure discontinuance of the violation and remediation of any harm caused by the violation. (Added 2015, No. 64, § 17.)
6 V.S.A. § 4992
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4992. Corrective actions; administrative enforcement

§ 4992. Corrective actions; administrative enforcement|(a) When the Secretary of Agriculture, Food and Markets receives a complaint and determines that a farmer is in violation of the requirements of this chapter, rules adopted under this chapter, or a permit or certification issued under this chapter, the Secretary shall notify the farmer of the complaint, including the alleged violation. The Secretary shall not be required to identify the source of the complaint.(b) When the Secretary of Agriculture, Food and Markets determines that a person is violating the requirements of this chapter, rules adopted under this chapter, or a permit or certification issued under this chapter, the Secretary may issue a written warning that shall be served in person or by certified mail, return receipt requested. A warning issued under this subsection shall include:  (1) a description of the alleged violation; (2) identification of this section; (3) identification of the applicable statute, rule, or permit condition violated; (4) the required corrective actions that the person shall take to correct the violation; and (5) a summary of federal and State assistance programs that may be utilized by the person to assist in correcting the violation.   (c) A person issued a warning under this section shall have 30 days to respond to the written warning and shall provide an abatement schedule for curing the violation and a description of the corrective action to be taken to cure the violation.(d) If a person who receives a warning under this subsection fails to respond in a timely manner to the written warning or to take corrective action, the Secretary may act pursuant to section 4993 or section 4995 of this section in order to protect water quality. (Added 2015, No. 64, § 17.)
6 V.S.A. § 4993
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4993. Administrative enforcement; cease and desist orders; emergency orders

§ 4993. Administrative enforcement; cease and desist orders; emergency orders|(a) Notwithstanding the requirements of section 4992 of this title, the Secretary at any time may pursue one or more of the following enforcement actions:  (1) Issue a cease and desist order in accordance with the requirements of subsection (b) of this section to a person the Secretary believes to be in violation of the requirements of this chapter. (2) Issue emergency administrative orders to protect water quality when an alleged violation, activity, or farm practice:  (A) presents an immediate threat of substantial harm to the environment or immediate threat to the public health or welfare; (B) is likely to result in an immediate threat of substantial harm to the environment or immediate threat to the public health or welfare; or (C) requires a permit or amendment to a permit issued under this chapter and a farm owner or operator has commenced an activity or is continuing an activity without a permit or permit amendment.  (3) Institute appropriate proceedings on behalf of the Agency of Agriculture, Food and Markets to enforce the requirements of this chapter, rules adopted under this chapter, or a permit or certification issued under this chapter. (4) Order mandatory corrective actions, including a requirement that the owner or operator of a farm sell or otherwise remove livestock from a farm or production area when the volume of waste produced by livestock on the farm exceeds the infrastructure capacity of the farm or the production area to manage the waste or waste leachate and prevent runoff or leaching of wastes to waters of the State or groundwater, as required by this chapter. (5) Seek administrative or civil penalties in accordance with the requirements of section 15, 16, 17, or 4995 of this title. Notwithstanding the requirements of section 15 of this title to the contrary, the maximum administrative penalty issued by the Secretary under this section shall not exceed $5,000.00 for each violation, and the maximum amount of any administrative penalty assessed for separate and distinct violations of this chapter shall not exceed $50,000.00.   (b) A person may request that the Secretary hold a hearing on a cease and desist order or an emergency order issued under this section within five days of receipt of the order. Upon receipt of a request for a hearing, the Secretary promptly shall set a date and time for a hearing. A request for a hearing on a cease and desist order or emergency order issued under this section shall not stay the order. (Added 2015, No. 64, § 17.)
6 V.S.A. § 4994
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4994. Permit or certification; revocation; enforcement

§ 4994. Permit or certification; revocation; enforcement|The Secretary may, after due notice and hearing, revoke or condition coverage under a general permit, an individual permit, a small farm certification, or other permit or certification issued under this chapter or rules adopted under this chapter when the person subject to the permit or certification fails to comply with a requirement of this chapter or any term, provision, or requirements of a permit or certification required by this chapter. The Secretary may also seek enforcement remedies and penalties under this subchapter against any person who fails to comply with any term, provision, or requirement of a permit or certification required by this chapter or who violates the terms or conditions of coverage under any general permit, any individual permit, or any certification issued under this chapter. (Added 2015, No. 64, § 17.)
6 V.S.A. § 4996
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4996. Appeals; enforcement

§ 4996. Appeals; enforcement|(a) Any person subject, under this subchapter, to an administrative enforcement order, an administrative penalty, or revocation of a permit or certification who is aggrieved by a final decision of the Secretary may appeal to the Civil Division of Superior Court within 30 days of the decision. The Chief Superior judge may specially assign an Environmental judge to the Civil Division of Superior Court for the purpose of hearing an appeal.(b) If the Secretary issues an emergency order under this chapter, the person subject to the order may request a hearing before the Civil Division of Superior Court. Notice of the request for hearing under this subdivision shall be filed with the Civil Division of Superior Court and the Secretary within five business days of receipt of the order. A hearing on the emergency order shall be held at the earliest possible time and shall take precedence over all other hearings. The hearing shall be held within five business days of receipt of the notice of the request for hearing. A request for hearing on an emergency order shall not stay the order. The Civil Division of the Superior Court shall issue a decision within five business days from the conclusion of the hearing, and no later than 30 days from the date the notice of request for hearing was received by the person subject to the order.(c) The Civil Division of the Superior Court shall review appeals under this section on the record pursuant to Rule 74 of the Vermont Rules of Civil Procedure. (Added 2015, No. 64, § 17; amended 2017, No. 11, § 2.)