reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 45 - Connecticut River Flood Control Compact › § 1178. Reimbursement for tax losses not covered by Compact

§ 1178. Reimbursement for tax losses not covered by Compact
(a) The State of Vermont shall annually reimburse its political subdivisions for the ten percent of the amount of real property, personal property is lost to them by reason of acquisition and ownership by the United States of land, rights or other property acquired by the United States for flood control dams and reservoirs, and not reimbursed by the Commonwealth of Massachusetts and the State of Connecticut under the terms of the Connecticut River Flood Control Compact, sections 1151-1160 of this title. Such total annual reimbursement by the State of Vermont under the terms of this section shall equal one-ninth of the aggregate amount determined by the Connecticut River Flood Control Commission as being due by the State of Connecticut and the Commonwealth of Massachusetts to the State of Vermont solely for the aforesaid tax losses under the terms of said compact.
(b) The Commissioner of Finance and Management shall annually issue his or her warrants in favor of those political subdivisions upon vouchers issued by the Secretary of Natural Resources at the same time as vouchers are issued for payments of reimbursement of the loss of that political subdivision by the State of Connecticut and Commonwealth of Massachusetts. (Amended 1959, No. 328 (Adj. Sess.), § 8; 1961, No. 100, § 2; 1981, No. 222 (Adj. Sess.), § 8; 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 76, § 18.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 45 - Connecticut River Flood Control Compact › § 1191. Purpose

§ 1191. Purpose
The purpose of this subchapter is to provide a mechanism for a cooperative effort with the State of New Hampshire to guide any development that may occur, in a way that maximizes the conservation of the visual, ecological, and agricultural integrity of the Connecticut River watershed. (Added 1987, No. 208 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 45 - Connecticut River Flood Control Compact › § 1192. Policy

§ 1192. Policy
It is the policy of this State to join with the State of New Hampshire in a common effort to ensure that development within the Connecticut River watershed proceeds in ways that protect its outstanding ecological, scenic, recreational, historic, cultural, agricultural, fish, and wildlife values. (Added 1987, No. 208 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 45 - Connecticut River Flood Control Compact › § 1193. Connecticut River Watershed Advisory Commission established

§ 1193. Connecticut River Watershed Advisory Commission established
(a) A Connecticut River Watershed Advisory Commission is established to develop ways to cooperate, and to initiate and encourage interstate cooperation and coordination with and between the appropriate officers of the State of Vermont and the State of New Hampshire to achieve the purpose of this subchapter. In a manner consistent with New Hampshire law, the Advisory Commission may designate citizens from Vermont municipalities bordering the Connecticut River to serve on, or coordinate with, local river management advisory groups established pursuant to New Hampshire law.
(b) The Advisory Commission shall consist of 15 members: the Secretary of Natural Resources; one member selected by each of the five regional planning commissions bordering the Connecticut River and nine at-large members appointed by the Governor who shall be residents of the Connecticut River watershed. The at-large members may include persons who are members of the General Assembly and shall include others who represent diverse interests such as forestry, tourism, fishing, boating, and land preservation and historic preservation. One or more members shall be actively farming land they own bordering the Connecticut River or its tributaries.
(c) The Secretary of Natural Resources shall promptly convene the first meeting of the Advisory Commission at which time a chairperson will be elected by the members. The chairperson shall serve for one year or until his or her successor is elected.
(d) A majority of the members of the Commission shall constitute a quorum.
(e) Members shall be entitled to compensation in accordance with the provisions of 32 V.S.A. § 1010.
(f) In the event of a vacancy occurring in the membership of the Commission, the vacancy shall be filled in the same manner as the original appointment. (Added 1987, No. 208 (Adj. Sess.), § 2; amended 1991, No. 224 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 45 - Connecticut River Flood Control Compact › § 1195. Acceptance of grants and contributions

§ 1195. Acceptance of grants and contributions
The Commission may receive and accept grants, aid, or contributions of money, property, labor, or other things of value, to be expended to carry out the purposes of this subchapter. (Added 1987, No. 208 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 45 - Connecticut River Flood Control Compact › § 1196. Report

§ 1196. Report
Beginning in 1989 and annually thereafter, the Advisory Commission shall file a report on its activities under this subchapter. The report shall be filed with the Agency of Natural Resources, the Governor, and the General Assembly on or before July 15. (Added 1987, No. 208 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 44b.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 46 - Interstate Waste Compact › § 1202. General provisions—Article I

§ 1202. General provisions—Article I
A. Statement of policy. It is recognized that in certain cases municipalities in New Hampshire and Vermont may, in order to avoid duplication of cost and effort, and in order to take advantage of economies of scale, find it necessary or advisable to enter into agreements whereby joint sewage and waste disposal facilities are erected and maintained. The states of New Hampshire and Vermont recognize the value of and need for such agreements, and adopt this compact in order to authorize their establishment.
B. Requirement of congressional approval. This compact shall not become effective until approved by the U.S. Congress.
C. Definitions.
1. “Sewage and waste disposal facilities” shall mean publicly owned sewers, interceptor sewers, sewerage facilities, sewage treatment facilities, and ancillary facilities whether qualifying for grants in aid under Title II of the Federal Water Pollution Control Act, as amended, or not.
2. “Municipalities” shall mean cities, towns, village districts, or other incorporated units of local government possessing authority to construct, maintain, and operate sewage and waste disposal facilities and to raise revenue therefor by bonding and taxation, which may legally impose and collect user charges and impose and enforce pretreatment conditions upon users of sewage and waste disposal facilities.
3. “Water pollution agency” shall mean the agencies within New Hampshire and Vermont possessing regulating authority over the construction, maintenance, and operation of sewage and waste disposal facilities and the administration of grants in aid from their respective state and under the Federal Water Pollution Act, as amended, for the construction of such facilities.
4. “Governing body” shall mean the legislative body of the municipality, including in the case of a town, the town meeting, and in the case of a city, the city council, or the board of mayor and aldermen or any similar body in any community not inconsistent with the intent of this definition. (Added 1975, No. 116, § 1, eff. June 29, 1975.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 46 - Interstate Waste Compact › § 1204. Effective date—Article III

§ 1204. Effective date—Article III
A. This compact shall become effective when a bill of the New Hampshire General Court that incorporates the compact becomes a law in New Hampshire and when it is approved by the U.S. Congress. (Added 1975, No. 116, § 1, eff. June 29, 1975; amended 2019, No. 14, § 28, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 46 - Interstate Waste Compact › § 1223. Procedures and conditions governing intergovernmental agreements—Article II

§ 1223. Procedures and conditions governing intergovernmental agreements—Article II
A. Cooperative Agreements Authorized. Any two or more municipalities, one or more located in New Hampshire and one or more located in Vermont, may enter into cooperative agreements for the construction, maintenance, and operation of a resource recovery facility or sanitary landfill or both and those related services needed for the efficient operation thereof. The agreement may also include the sale of energy and other byproducts.
B. Approval of Agreements. Any agreement entered into under this compact shall, prior to becoming effective, be approved by the solid waste agencies of both New Hampshire and Vermont as in conformance with each state’s solid waste management plan.
C. Method of Adopting Agreements. Agreements hereunder shall be adopted in accordance with existing statutory procedures for the adoption of intergovernmental agreements between municipalities within each state, and further in New Hampshire, as provided in RSA Chapter 53-B.
D. Review and Approval of Plans. The solid waste agencies of the state in which any part of a solid waste disposal and resource recovery facility that is proposed under an agreement pursuant to this compact is proposed to be or is located is hereby authorized and required, to the extent such authority exists under its state law to assure that the proposed facility is compatible with the existing state plan.
E. Contents of Agreements. Agreements entered into pursuant to this compact shall contain the following:
1. Duration of the agreement.
2. Purpose of the agreement.
3. Provision for a joint board and/or administrator responsible for administering the cooperative undertaking and the powers to be exercised thereby. All municipalities party to the agreement shall be represented.
4. The manner of acquiring, holding, and disposing of real and personal property used in the cooperative undertaking.
5. The manner of financing the cooperative undertaking and establishing a budget therefor.
6. The manner and method of establishing and imposing fair and equitable charges for the users of the facilities.
7. A provision establishing a procedure for the arbitration of disputes.
8. The conditions and procedure under which a municipality may withdraw from or be added to a cooperative agreement.
9. The manner in which the agreement may be amended.
10. The methods to be employed in the termination of the agreement and for disposing of property upon termination. (Added 1981, No. 32, § 3.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 46A - Interstate Public Water Supply Compact › § 1232. General provisions—Article I

§ 1232. General provisions—Article I
A. Statement of policy. It is recognized that in certain cases municipalities in New Hampshire and Vermont may, in order to avoid duplication of cost and effort, and in order to take advantage of economies of scale, find it necessary or advisable to enter into agreements whereby joint public water supply facilities are erected and maintained. The states of New Hampshire and Vermont recognize the value of and need for such agreements, and adopt this compact in order to authorize their establishment.
B. Requirement of congressional approval. This compact shall not become effective until approved by the U.S. Congress.
C. Definitions.
1. “Public water supply facilities” shall mean publicly owned water supply sources, storage, treatment, transmission, and distribution facilities and ancillary facilities regardless of whether or not the same qualify for federal or state construction grants-in-aid.
2. “Municipalities” shall mean cities, towns, village districts, or other incorporated units of local government possessing authority to construct, maintain, and operate public water supply facilities and to raise revenue therefor by bonding and taxation, that may legally impose and collect user charges and impose and enforce regulatory control upon users of public water supply facilities.
3. “Water supply agency” shall mean the agencies within New Hampshire and Vermont possessing regulating authority over the construction, maintenance, and operation of public water supply facilities and the administration of grants-in-aid from their respective state for the construction of such facilities.
4. “Governing body” shall mean the legislative body of the municipality. (Added 1995, No. 37, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 46A - Interstate Public Water Supply Compact › § 1235. Effective date—Article III

§ 1235. Effective date—Article III
This compact shall become effective when a bill of the New Hampshire General Court that incorporates the compact becomes a law in New Hampshire and when it is approved by the U.S. Congress. (Added 1995, No. 37, § 1; amended 2019, No. 14, § 29, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1250. State water quality policy

§ 1250. State water quality policy
It is the policy of the State of Vermont to:
(1) protect and enhance the quality, character and usefulness of its surface waters and to assure the public health;
(2) maintain the purity of drinking water;
(3) control the discharge of wastes to the waters of the State, prevent degradation of high quality waters and prevent, abate or control all activities harmful to water quality;
(4) assure the maintenance of water quality necessary to sustain existing aquatic communities;
(5) provide clear, consistent, and enforceable standards for the permitting and management of discharges;
(6) protect from risk and preserve in their natural state certain high quality waters, including fragile high-altitude waters, and the ecosystems they sustain;
(7) manage the waters of the State to promote a healthy and prosperous agricultural community; to increase the opportunities for use of the State’s forest, park, and recreational facilities; and to allow beneficial and environmentally sound development; and
(8) seek over the long term to upgrade the quality of waters and to reduce existing risks to water quality. (Added 1985, No. 199 (Adj. Sess.), § 1, eff. May 17, 1986; amended 2019, No. 14, § 30, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1251a. Water pollution administration

§ 1251a. Water pollution administration
(a) The Secretary may adopt rules, in accordance with the procedures in the Administrative Procedure Act, that are necessary for the proper administration of the Secretary’s duties under this subchapter, including a planning process approvable under Public Law 92-500, as amended.
(b) The Secretary shall establish by rule requirements for the issuance of permits under subsection 1259(e) of this title, including in-stream water quality parameters necessary to establish permit conditions and performance monitoring; however, these in-stream water quality parameters shall not supersede water quality standards adopted by the Secretary.
(c) On or before July 1, 2016, the Secretary of Natural Resources shall adopt by rule an implementation process for the antidegradation policy in the water quality standards of the State. The implementation process for the antidegradation policy shall be consistent with the State water quality policy established in section 1250 of this title, the Vermont Water Quality Standards, and any applicable requirements of the federal Clean Water Act. The Secretary of Natural Resources shall apply the antidegradation implementation policy to all new discharges that require a permit under this chapter. (Added 1981, No. 222 (Adj. Sess.), § 25; amended 1985, No. 199 (Adj. Sess.), § 4, eff. May 17, 1986; 1989, No. 64, § 2, eff. May 24, 1989; 1997, No. 155 (Adj. Sess.), § 34; 2003, No. 115 (Adj. Sess.), § 25, eff. Jan. 31, 2005; 2007, No. 43, § 6a, eff. May 23, 2007; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2015, No. 64, § 30.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1254. Classification of waters by Secretary; aid

§ 1254. Classification of waters by Secretary; aid
In classifying or reclassifying the waters of the State, the Secretary is authorized to call upon any State department or agency for any pertinent information, other than information of a confidential nature, that the department or agency has or could obtain easily in the course of its work. (Amended 1961, No. 100, § 2; 1969, No. 252 (Adj. Sess.), § 3, eff. April 4, 1970; 1981, No. 222 (Adj. Sess.), § 25; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1258. Management of waters after classification, enforcement

§ 1258. Management of waters after classification, enforcement
(a) After the classification of any waters has been determined by the Secretary, those waters shall be managed under the supervision of the Secretary in order to obtain and maintain the classification established. The Secretary may enforce a classification against any person affected thereby who, with notice of the classification, has failed to comply. An action to enforce a classification shall be brought in the Superior Court of the county wherein the affected waters are located.
(b) The Secretary shall manage discharges to the waters of the State by administering a permit program consistent with the National Pollutant Discharge Elimination System established by section 402 of Public Law 92-500 and with the guidelines promulgated in accordance with section 304(h)(2) of Public Law 92-500. The Secretary shall use the full range of possibilities and variables allowable under these sections of Public Law 92-500, including general permits, as are consistent with meeting the objectives of the Vermont Water Pollution Control Program. The Secretary shall adopt a continuing planning process approvable under section 303(e) of Public Law 92-500. Neither the Secretary nor his or her duly authorized representative may receive or during the previous two years have received a significant portion of his or her income directly or indirectly from permit holders or applicants for a permit under this chapter. (Amended 1969, No. 252 (Adj. Sess.), § 6, eff. April 4, 1970; 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 103, § 4, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1987, No. 282 (Adj. Sess.), § 12; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1266a. Discharges of phosphorus

§ 1266a. Discharges of phosphorus
(a) No person directly discharging into the drainage basins of Lake Champlain or Lake Memphremagog shall discharge any waste that contains a phosphorus concentration in excess of 0.80 milligrams per liter on a monthly average basis. Discharges of less than 200,000 gallons per day, permitted on or before July 1, 1991, shall not be subject to the requirements of this subsection. Discharges from a municipally owned aerated lagoon type secondary sewage treatment plant in the Lake Memphremagog drainage basin, permitted on or before July 1, 1991 shall not be subject to the requirements of this subsection unless the plant is modified to use a technology other than aerated lagoons.
(b) Notwithstanding any provision of subsection (a) of this section to the contrary, the Secretary shall establish effluent phosphorus wasteload allocations or concentration limits within any drainage basin in Vermont, as needed to achieve wasteload allocations in a total maximum daily load document approved by the U.S. Environmental Protection Agency, or as needed to attain compliance with water quality standards adopted by the Secretary pursuant to chapter 47 of this title.
(c) [Repealed.] (Added 1977, No. 39, § 6, eff. April 19, 1977; amended 1981, No. 222 (Adj. Sess.), § 25; 1991, No. 261 (Adj. Sess.), § 2; 1997, No. 51, § 2; 2001, No. 61, § 47, eff. June 16, 2001; 2003, No. 63, § 53, eff. June 11, 2003; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2015, No. 64, § 47.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1267. Revocation of permits

§ 1267. Revocation of permits
The Secretary may, after notice and opportunity for public hearing, under 3 V.S.A. § 814(c), revoke, modify, or suspend any permit issued by the Secretary pursuant to this subchapter upon finding that the permit holder submitted false or inaccurate information in the application or has violated any requirement, restrictions, or condition of the permit or that there is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. The Secretary shall impose conditions as the Secretary deems reasonable for regulating the discharges of a person whose permit has been revoked, modified, or suspended. Revocation shall be effective upon actual notice thereof to the permit holder. When the Secretary determines, after consultation with the Commissioner of Health, that a violation threatens the public health, the Secretary shall suspend the permit until the permit holder removes the risk. (Added 1969, No. 252 (Adj. Sess.), § 13, eff. April 4, 1970; amended 1973, No. 103, § 8, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 8, eff. May 17, 1986.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1268. Emergency permits

§ 1268. Emergency permits
When a discharge permit holder finds that pollution abatement facilities require repairs, replacement, or other corrective action in order for them to continue to meet standards specified in the permit, the holder may apply in the manner specified by the Secretary for an emergency pollution permit for a term sufficient to effect repairs, replacements, or other corrective action. The Secretary shall proceed in accordance with chapter 170 of this title. No emergency pollution permit shall be issued unless the applicant certifies and the Secretary finds that:
(1) there is no present, reasonable alternative means of disposing of the waste other than by discharging it into the waters of the State during the limited period of time of the emergency;
(2) the denial of an emergency pollution permit would work an extreme hardship upon the applicant;
(3) the granting of an emergency pollution permit will result in some public benefit;
(4) the discharge will not be unreasonably harmful to the quality of the receiving waters; and
(5) the cause or reason for the emergency is not due to willful or intended acts or omissions of the applicant. (Added 1981, No. 222 (Adj. Sess.), § 25; amended 2015, No. 150 (Adj. Sess.), § 18, eff. Jan. 1, 2018; 2019, No. 14, § 31, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1269. Appeals

§ 1269. Appeals
Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title. (Added 1969, No. 252 (Adj. Sess.), § 14, eff. April 4, 1970; 1981, No. 222 (Adj. Sess.), § 25; 2003, No. 115 (Adj. Sess.), § 29, eff. Jan. 31, 2005.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1271. Extension of municipal sewer system; filing map; approval

§ 1271. Extension of municipal sewer system; filing map; approval
No municipality shall extend its sewer system until it has filed a copy of its plan for the extension with the Secretary and has received the Secretary’s approval. (Amended 1961, No. 100, § 2; 1973, No. 103, § 9, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1272. Regulation of activities causing discharge or affecting significant wetlands

§ 1272. Regulation of activities causing discharge or affecting significant wetlands
If the Secretary finds that any person’s action, or an activity, results in the construction, installation, operation, or maintenance of any facility or condition that reasonably can be expected to create or cause a discharge to waters in violation of this subchapter, or to violate the Secretary’s rules under section 905b of this title relating to significant wetlands, the Secretary may issue an order establishing reasonable and proper methods and procedures for the control of that activity and the management of substances used therein that cause discharges or violations of the Secretary’s rules with respect to significant wetlands in order to reduce or eliminate those discharges and rule violations with respect to significant wetlands. (Added 1969, No. 252 (Adj. Sess.), § 15, eff. April 4, 1970; amended 1971, No. 255 (Adj. Sess.), § 6, eff. April 11, 1972; 1973, No. 103, § 10, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 188 (Adj. Sess.), § 4; 2003, No. 115 (Adj. Sess.), § 30, eff. Jan. 31, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1274. Enforcement

§ 1274. Enforcement
(a) Notwithstanding any other provision or procedure set forth in this chapter, if the Secretary finds that any person has discharged or is discharging any waste in violation of this chapter or that any person has failed to comply with any provisions of any order or permit issued in accordance with this chapter, the Secretary may bring suit in the Superior Court in any county where the discharge or noncompliance has occurred to enjoin the discharge and to obtain compliance. The suit shall be brought by the Attorney General in the name of the State. The court may issue a temporary injunction or order in any such proceedings and may exercise all the plenary powers available to it in addition to the power to:
(1) Enjoin future discharges.
(2) Order the design, construction, installation, or operation of pollution abatement facilities or alternate waste disposal systems.
(3) Order the removal of all wastes discharged and the restoration of water quality.
(4) Fix and order compensation for any public property destroyed, damaged, or injured. Compensation for fish taken or destroyed shall be deposited into the Fish and Wildlife Fund.
(5) Assess and award punitive damages.
(6) Levy civil penalties not to exceed $10,000.00 a day for each day of violation.
(7) Order reimbursement to any agency of federal, State, or local government from any person whose discharge caused governmental expenditures.
(b) The Secretary, by rule, shall define those violations that are significant, based upon the magnitude, duration, consequences, and causes of the violation. When a significant violation occurs, the Secretary may initiate proceedings to compel compliance by and seek penalties from the violator. A court, upon finding that such a violation has occurred, shall order compliance and retain jurisdiction to assure that compliance schedules are met. The court also shall impose penalties. Action under this section shall not restrict the Secretary’s authority to proceed under section 1267 of this title. (Added 1969, No. 252 (Adj. Sess.), § 16, eff. April 4, 1970; amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 103, § 11, eff. April 24, 1973; 1973, No. 112, § 4, eff. April 25, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.),§§ 9, 10, eff. May 17, 1986; 1989, No. 205 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1275. Penalty

§ 1275. Penalty
(a) Any person who violates any provision of this subchapter or who fails, neglects, or refuses to obey or comply with any order or the terms of any permit issued in accordance with this subchapter, shall be fined not more than $25,000.00 or be imprisoned not more than six months, or both. Each violation may be a separate offense and, in the case of a continuing violation, each day’s continuance may be deemed a separate offense.
(b) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subchapter, or by any permit, rule, regulation, or order issued under this subchapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this subchapter or by any permit, rule, regulation, or order issued under this subchapter, shall upon conviction, be punished by a fine of not more than $10,000.00 or by imprisonment for not more than six months, or by both. (Amended 1969, No. 252 (Adj. Sess.), § 9, eff. April 4, 1970; 1973, No. 103, § 12, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1276. Construction

§ 1276. Construction
Nothing contained in this subchapter shall be construed to prohibit or require a permit for the proper use of waters for customary sport and recreational purposes such as fishing, swimming, and boating if the classification of the water permits that usage. In the event of an irreconcilable conflict between the provisions of this subchapter and 3 V.S.A. chapter 25, the provisions of this subchapter shall prevail. Nothing in this subchapter shall be construed to affect, impair, or abridge the right of riparian or littoral owners or others to sue for damages or injunctions or exercise any other common law or statutory remedy to abate and recover damages for water pollution. If a permit holder is required to pay such damages by judgment or order of a court, the amount of damages shall be a credit against any pollution charges due under this subchapter. Any permit granted under this subchapter shall not be construed as a vested right and shall be subject to continuing regulations and control by the State. (Added 1969, No. 252 (Adj. Sess.), § 17, eff. April 4, 1970; amended 1981, No. 222 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1277. Municipal sewage treatment plants

§ 1277. Municipal sewage treatment plants
If, after public hearing, the Secretary finds that:
(1) any municipality is discharging untreated or improperly treated sewage or stormwater into waters of the State or that conditions exist in any municipality or combination of municipalities that cause or threaten to cause a reduction in the quality of ground or surface waters; and
(2) the discharge or condition can most effectively be corrected or abated by the construction and installation of a sewage collection and treatment system or a stormwater collection and treatment system or by other management practices, and after giving due regard to regional development factors, he or she may order the municipality or combination of municipalities to provide the facilities or undertake the practices necessary to correct or abate the discharge or condition. In the case of correcting or abating a discharge of stormwater runoff not created by a municipality, the Secretary may order the municipality or combination of municipalities to provide the facilities or undertake the practices necessary to correct or abate the discharge or condition if the municipality or combination of municipalities has in place a mechanism to recover the costs from users. The order shall include a reasonable time schedule for action by the municipality or municipalities to place the facilities into operation. This section does not abridge any duty or remedy created by this subchapter. (Added 1969, No. 252 (Adj. Sess.), § 22, eff. April 4, 1970; amended 1981, No. 222 (Adj. Sess.), § 25; 2001, No. 109 (Adj. Sess.), § 14, eff. May 16, 2002.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1280. Emergency actions

§ 1280. Emergency actions
Notwithstanding any other provision of this chapter, upon receipt of evidence that a pollution source or combination of sources, including industrial users of publicly owned treatment works, is presenting an imminent and substantial endangerment to water or groundwaters or to the health of persons or to the welfare of persons by endangering their livelihood, the Secretary may bring suit on behalf of the State in Superior Court in the county where the source is located to immediately restrain any person causing or contributing to the alleged pollution to stop the discharge or introduction of the waste causing or contributing to that pollution or to take other action as may be necessary. (Added 1973, No. 103, § 15, eff. April 24, 1973; amended 1981, No. 222 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1281. Oil and other hazardous materials

§ 1281. Oil and other hazardous materials
(a) The Secretary shall adopt rules relating to the handling, storage, and transport of oil and other hazardous materials within the State of Vermont for the purpose of preventing the discharge of any oil and other hazardous materials directly or indirectly into the waters of the State. The Secretary shall coordinate any proposed rule relating to oil or other hazardous materials with the Secretary of Human Services and the Commissioner of Labor to ensure the absence of conflict.
(b) Any rule adopted under this section or section 1282 of this title shall be presented immediately to the Clerk of the House of Representatives and the Secretary of the Senate who shall immediately publish it in their respective calendars. If the General Assembly is not in session at the time a rule or regulation is adopted, publication in the calendars shall occur within 10 days after the General Assembly next convenes. The General Assembly may repeal a rule or regulation. (Added 1973, No. 112, § 5, eff. April 25, 1973; amended 1981, No. 222 (Adj. Sess.), § 25; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1282. Contingency plans; adoption

§ 1282. Contingency plans; adoption
(a) The Secretary shall develop and implement a statewide contingency plan that shall provide for the coordination of the activities of State agencies and municipalities for the purpose of controlling, undertaking cleanup operations, or otherwise mitigating the effects of a spillage of oil or other hazardous materials that is likely to reach the waters of the State either directly or indirectly.
(b) The plan developed in accordance with this section shall be submitted to and approved by the Governor prior to becoming effective. (Added 1973, No. 112, § 6, eff. April 25, 1973; amended 1981, No. 222 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1283a. Contaminants of Emerging Concern Special Fund

§ 1283a. Contaminants of Emerging Concern Special Fund
(a) The Contaminants of Emerging Concern Special Fund is established pursuant to 32 V.S.A. chapter 7, subchapter 5 to provide grants to public water systems responding to or remediating emerging contaminants in a public water supply. The Secretary of Natural Resources shall administer the Fund and may make disbursements from the Fund for the following costs:
(1) investigation of an actual or threatened impact to or contamination of natural resources or public assets presented by an emerging contaminant;
(2) reimbursement to any person for:
(A) expenditures made to provide alternative water supplies or to take other emergency measures deemed necessary by the Secretary to protect human health from emerging contaminants; or
(B) expenditures by a public asset to pay for the treatment or disposal of an emerging contaminant;
(3) payment of the costs of oversight or conducting assessment of a natural resource where injury has resulted or is likely to result from of an emerging contaminant; or
(4) payment of the costs of oversight or conducting restoration, replacement, or rehabilitation of a natural resource injured by an emerging contaminant.
(b) The Secretary may bring an action under this section or other available State and federal laws to enforce the obligation to repay the Fund.
(c) As used in this section:
(1) “Emerging contaminant” means:
(A) a hazardous material as defined in subdivision 6602(16) of this title;
(B) any constituent for which the Department of Health has established a health advisory; or
(C) any constituent that the Secretary determines is an imminent and substantial endangerment to human health, natural resources, or public assets.
(2) “Natural resources” means fish, wildlife, biota, air, surface water, groundwater, wetlands, drinking water supplies, or State-held public lands.
(3) “Public asset” means:
(A) any wastewater treatment facility permitted under chapter 47 of this title;
(B) any public water system or noncommunity system permitted under chapter 56 of this title;
(C) any potable water supply permitted under chapter 64 of this title; or
(D) any facility for the disposal of solid waste permitted under chapter 159, provided that the facility did not know that the waste was an emerging contaminant at the time of disposal.
(4) “Secretary” shall mean Secretary of Natural Resources.
(d) Nothing in this section shall be construed to preclude, supplant, or limit any other statutory or common-law rights or remedies. (Added 2019, No. 139 (Adj. Sess.), § 29, eff. July 6, 2020.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1284. Water quality data coordination

§ 1284. Water quality data coordination
(a) To facilitate attainment or accomplishment of the purposes of this chapter, the Secretary shall coordinate and assess all available data and science regarding the quality of the waters of the State, including:
(1) light detection and ranging information data (LIDAR);
(2) stream gauge data;
(3) stream mapping, including fluvial erosion hazard maps;
(4) water quality monitoring or sampling data;
(5) cumulative stressors on a watershed, such as the frequency an activity is conducted within a watershed or the number of stormwater or other permits issued in a watershed; and
(6) any other data available to the Secretary.
(b) After coordination of the data required under subsection (a) of this section, the Secretary shall:
(1) assess where additional data are needed and the best methods for collection of such data;
(2) identify and map on a watershed basis areas of the State that are significant contributors to water quality problems or are in critical need of water quality remediation or response.
(c) The Secretary shall post all data compiled under this section on the website of the Agency of Natural Resources. (Added 2015, No. 64, § 35.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1301. Deposit of sawmill waste in waters

§ 1301. Deposit of sawmill waste in waters
(a) It shall be unlawful for a person to deposit edgings, slabs, sawdust, shavings, or any other sawmill refuse in the waters of any stream, pond, reservoir, or lake in this State or on the shores or banks thereof in such a manner as to be subject to being washed in the main stream or body of water under normal high water conditions.
(b) A person who violates the provisions of subsection (a) of this section shall be fined no more than $100.00 for each offense. (Amended 1963, No. 224; 1967, No. 112.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1310. Designation of lake in crisis

§ 1310. Designation of lake in crisis
(a) The Secretary of Natural Resources (Secretary) shall review whether a lake in the State should be designated as a lake in crisis upon the Secretary’s own motion or upon petition of 15 or more persons or a selectboard of a municipality in which the lake or a portion of the lake is located.
(b) The Secretary shall designate a lake as a lake in crisis if, after review under subsection (a) of this section, the Secretary determines that:
(1) the lake or segments of the lake have been listed as impaired;
(2) the condition of the lake will cause:
(A) a potential harm to the public health; and
(B) a risk of damage to the environment or natural resources; and
(3) a municipality in which the lake or a portion of the lake is located has reduced the valuation of real property due to the condition of the lake. (Added 2017, No. 168 (Adj. Sess.), § 5, eff. May 22, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1311. State response to a lake in crisis

§ 1311. State response to a lake in crisis
(a) Adoption of crisis response plan. When a lake is declared in crisis, the Secretary shall within 90 days after the designation of the lake in crisis issue a comprehensive crisis response plan for the management of the lake in crisis in order to improve water quality in the lake or to mitigate or eliminate the potential harm to public health or the risk of damages to the environment or natural resources. The Secretary shall coordinate with the Secretary of Agriculture, Food and Markets and the Secretary of Transportation in the development of the crisis response plan. The crisis response plan may require implementation of one or both of the following in the watershed of the lake in crisis:
(1) water quality requirements necessary to address specific harms to public health or risks to the environment or natural resources; or
(2) implementation of or compliance with existing water quality requirements under one or more of the following:
(A) water quality requirements under chapter 47 of this title, including requiring a property owner to obtain a permit or implement best management practices for the discharge of stormwater runoff from any size of impervious surfaces if the Secretary determines that the treatment of the discharge of stormwater runoff is necessary to reduce the adverse impacts to water quality of the discharge or stormwater on the lake in crisis;
(B) agricultural water quality requirements under 6 V.S.A. chapter 215, including best management practices under 6 V.S.A. § 4810 to reduce runoff from the farm; or
(C) water quality requirements adopted under section 1264 of this section for stormwater runoff from municipal or State roads.
(b) Public hearing. The Secretary shall hold at least one public hearing in the watershed of the lake in crisis and shall provide an opportunity for public notice and comment for a proposed lake in crisis response plan.
(c) Term of designation. A lake shall remain designated as in crisis under this section until the Secretary determines that the lake no longer satisfies the criteria for designation under subsection (b) of this section.
(d) Agency cooperation and services. All other State agencies shall cooperate with the Secretary in responding to the lake in crisis, and the Secretary shall be entitled to seek technical and scientific input or services from the Agency of Agriculture, Food and Markets, the Agency of Transportation, or other necessary State agencies. (Added 2017, No. 168 (Adj. Sess.), § 5, eff. May 22, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1312. Lake in crisis order

§ 1312. Lake in crisis order
The Secretary of Natural Resources, pursuant to chapter 201 of this title, or the Secretary of Agriculture, Food and Markets, pursuant to 6 V.S.A. chapter 215, may issue an order to require a person to:
(1) take an action identified in the lake in crisis response plan;
(2) cease or remediate any acts, discharges, site conditions, or processes contributing to the impairment of the lake in crisis;
(3) mitigate a significant contributor of a pollutant to the lake in crisis; or
(4) conduct testing, sampling, monitoring, surveying, or other analytical operations required to determine the nature, extent, duration, or severity of the potential harm to the public health or a risk of damage to the environment or natural resources. (Added 2017, No. 168 (Adj. Sess.), § 5, eff. May 22, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1313. Assistance

§ 1313. Assistance
(a) A person subject to a lake in crisis order shall be eligible for technical and financial assistance from the Secretary to be paid from the Lake in Crisis Response Program Fund. The Secretary shall adopt by procedure the process for application for assistance under this section.
(b) State financial assistance awarded under this section shall be in the form of a grant. An applicant for a State grant shall pay at least 35 percent of the total eligible project cost or shall pay the specific cost share authorized by statute for the program from which the grant is awarded. The dollar amount of a State grant shall be equal to the total eligible project cost, less the percent of the total required to be paid by the applicant, and less the amount of any federal assistance awarded.
(c) A grant awarded under this section shall comply with all terms and conditions for the issuance of State grants. (Added 2017, No. 168 (Adj. Sess.), § 5, eff. May 22, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1314. Funding of State response to a lake in crisis

§ 1314. Funding of State response to a lake in crisis
(a) Initial response. Upon designation of a lake in crisis, the Secretary may, for the purposes of the initial response to the lake in crisis, expend up to $50,000.00 appropriated to the Agency of Natural Resources from the Clean Water Fund for authorized contingency spending.
(b) Long-term funding. Annually, the Secretary of Natural Resources shall present to the House and Senate Committees on Appropriations a multiyear plan for the funding of all lakes designated in crisis under this subchapter. Based on the multiyear plan, the Secretary of Administration annually shall recommend to the House and Senate Committees on Appropriations recommended appropriations to the Lake in Crisis Response Program Fund for the subsequent fiscal year. (Added 2017, No. 168 (Adj. Sess.), § 5, eff. May 22, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1315. Lake in Crisis Response Program Fund

§ 1315. Lake in Crisis Response Program Fund
(a) There is created a special fund known as the Lake in Crisis Response Program Fund to be administered by the Secretary of Natural Resources. The Fund shall consist of:
(1) funds that may be appropriated by the General Assembly; and
(2) other gifts, donations, or funds received from any source, public or private, dedicated for deposit into the Fund.
(b) The Secretary shall use monies deposited in the Fund for the Secretary’s implementation of a crisis response plan for a lake in crisis and for financial assistance under section 1313 of this title to persons subject to a lake in crisis order.
(c) Notwithstanding the requirements of 32 V.S.A. § 588(3) and (4), interest earned by the Fund and the balance of the Fund at the end of the fiscal year shall be carried forward in the Fund and shall not revert to the General Fund. (Added 2017, No. 168 (Adj. Sess.), § 5, eff. May 22, 2018.)