reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 55 - Aid to Municipalities for Water Supply and Water Pollution Abatement and Control › § 1623. Application

§ 1623. Application
A municipality that has voted funds in a specific amount to construct a water pollution abatement and control facility as described in section 1622 of this title, at a meeting duly warned for that purpose, which desires to avail itself of State aid funds under this subchapter, shall apply for such funds in writing to the Department in a manner prescribed by the Department. (Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1977, No. 39, § 3, eff. April 19, 1977; 2015, No. 103 (Adj. Sess.), § 15, eff. May 12, 2016.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 55 - Aid to Municipalities for Water Supply and Water Pollution Abatement and Control › § 1626b. Municipal water pollution control grants

§ 1626b. Municipal water pollution control grants
(a) Projects. The Secretary may award State assistance grants to municipalities for water pollution abatement and control facilities.
(b) Application. The Secretary shall prescribe the form of application to apply for a grant under this section. The application shall include:
(1) a description of the project;
(2) a schedule for project implementation;
(3) an estimate of the project cost;
(4) the information necessary for the Secretary to determine the grant amount using the criteria described in section 1628 of this title;
(5) whether the project requires a permit under chapter 151 of this title; and
(6) any other information that the Secretary deems necessary to implement this section.
(c) Grant award. The Secretary shall make grant awards pursuant to the project priority system adopted under section 1628 of this title in an amount not to exceed 35 percent of eligible project costs. The Secretary shall not award a grant under this section until the applicant provides a permit or jurisdictional opinion that a permit is not required, issued pursuant to chapter 151 of this title.
(d) Payment of awards. Payment of awards shall be made pursuant to section 1627 of this title. (Added 2015, No. 103 (Adj. Sess.), § 20, eff. May 12, 2016.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 55 - Aid to Municipalities for Water Supply and Water Pollution Abatement and Control › § 1627. Payment of awards

§ 1627. Payment of awards
The Department may make periodic grant payments based upon certification by the grantee that costs for which reimbursement is requested have been incurred and paid by the grantee. The recipient shall provide supporting evidence of payment upon the request of the Department. Partial payments shall be made not more frequently than monthly. Interest costs incurred in local short-term borrowing of the grant amount shall be reimbursed as part of the grant. After the construction has been completed, and its cost audited by the Department, the Department shall certify the remainder of the award to the Commissioner of Finance and Management who shall issue his or her warrant for payment. (Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1977, No. 39, § 5, eff. April 19, 1977; 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 276 (Adj. Sess.), § 32, eff. June 20, 1990.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 55 - Aid to Municipalities for Water Supply and Water Pollution Abatement and Control › § 1628. Priorities

§ 1628. Priorities
The Department shall make grant awards under this chapter to eligible municipal water pollution abatement and control projects on the basis of need as determined according to a system of priorities adopted by rule by the Department and to the extent appropriate funds are available. The system of priorities shall require consideration of criteria, including:
(1) whether a project is grant or loan eligible;
(2) the condition of the waters affected by the project and whether the waters are:
(A) not in compliance with the Vermont Water Quality Standards; or
(B) have a total maximum daily load (TMDL);
(3) whether the project will address water quality issues identified in a basin plan;
(4) whether the project will abate or control pollution that is causing or may cause a threat to public health;
(5) whether the project will address an emergency situation affecting or constituting a threat to the environment or the public health, safety, or welfare;
(6) if the project repairs or replaces existing infrastructure, the condition and integrity of such infrastructure;
(7) whether the project incorporates principles of environmental resiliency or sustainability, including energy efficiency, which reduce the environmental impacts of the project or a water pollution abatement and control facility;
(8) the fiscal integrity and sustainability of the project, including whether the project is a cost-effective alternative, when compared to other alternatives;
(9) whether the project serves a designated center;
(10) affordability factors for the municipality or municipalities in which the project is located, including:
(A) median household income;
(B) unemployment rate; and
(C) population trends; and
(11) if the project removes a pollutant for which the water or waters affected by the project are impaired, the cost-effectiveness of the project at removing that pollutant. (Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1981, No. 222 (Adj. Sess.), § 35; 1989, No. 276 (Adj. Sess.), § 33, eff. June 20, 1990; 2013, No. 147 (Adj. Sess.), § 11, eff. June 1, 2014; 2015, No. 103 (Adj. Sess.), § 21, eff. May 12, 2016.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 55 - Aid to Municipalities for Water Supply and Water Pollution Abatement and Control › § 1629. Appeals

§ 1629. Appeals
Appeals of any act or decision of the Department under this subchapter shall be made in accordance with chapter 220 of this title. (Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1981, No. 222 (Adj. Sess.), § 36; 2003, No. 115 (Adj. Sess.), § 40, eff. Jan. 31, 2005.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 55 - Aid to Municipalities for Water Supply and Water Pollution Abatement and Control › § 1630. Rules

§ 1630. Rules
The Department with the approval of the Secretary shall adopt rules consistent with this subchapter as it finds necessary for proper administration of the subchapter. (Added 1971, No. 97, § 3, eff. April 22, 1971; amended 2015, No. 103 (Adj. Sess.), § 22, eff. May 12, 2016.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 55 - Aid to Municipalities for Water Supply and Water Pollution Abatement and Control › § 1631. Transfer of funds

§ 1631. Transfer of funds
The Commissioner of the Department, with the approval of the Secretary of Natural Resources, the Secretary of Administration, and the Emergency Board, may transfer any unexpended balance of funds between a municipal pollution control or water supply planning or construction and storm water separation project authorized under this chapter if, in his or her judgment, financial or economic conditions are such that the best interests of the State would be served thereby. (Added 1975, No. 254 (Adj. Sess.), § 139; amended 1981, No. 222 (Adj. Sess.), § 37; 1987, No. 76, § 18.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 55 - Aid to Municipalities for Water Supply and Water Pollution Abatement and Control › § 1632. State administrative departments

§ 1632. State administrative departments
For the purpose of constructing or substantially improving a water pollution abatement and control facility, any State administrative department as authorized in Title 3 shall be deemed a municipality under section 1623 of this title and subject to the terms and conditions applicable to municipalities; provided, however, that a State administrative department deemed a municipality shall only receive State assistance under this chapter if the Department has a surplus of funds at the end of each fiscal year after all municipal grant applicants have received committed funds. (Added 1979, No. 73, § 2, eff. May 7, 1979; amended 1981, No. 44; 2015, No. 103 (Adj. Sess.), § 23, eff. May 12, 2016.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 55 - Aid to Municipalities for Water Supply and Water Pollution Abatement and Control › § 1650. Department acting on behalf of municipality

§ 1650. Department acting on behalf of municipality
Any municipality may request the Department to act in its behalf in undertaking the planning and construction of facilities described in this chapter. (Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1981, No. 222 (Adj. Sess.), § 39.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 55 - Aid to Municipalities for Water Supply and Water Pollution Abatement and Control › § 1651. Application for assistance

§ 1651. Application for assistance
When the voters of the municipality at a duly warned meeting have authorized the proper officials of the municipality to make application to and to enter into a contract with the Department for specific engineering and technical services, the municipality pursuant to a written application to the Department submitted in a form prescribed by the Department may enter into a contract with the Department under this subchapter. (Added 1971, No. 97, § 3, eff. April 22, 1971.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 55 - Aid to Municipalities for Water Supply and Water Pollution Abatement and Control › § 1652. Contracts

§ 1652. Contracts
Upon approval of the application, the Department shall prepare and offer to the municipality a contract for services requested, which shall include such terms and conditions as the Department determines to be reasonable, including reimbursement of all costs of such services. (Added 1971, No. 97, § 3, eff. April 22, 1971.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 55 - Aid to Municipalities for Water Supply and Water Pollution Abatement and Control › § 1653. Eligibility

§ 1653. Eligibility
For the purposes of this subchapter, the Department, when acting on behalf of a municipality, is an eligible applicant for funds available under this chapter. Eligible planning and construction costs shall include the cost to the Department of undertaking these services on behalf of the municipality; however, in no case shall the Department administration charges exceed two percent of the project cost. Nothing in this subchapter shall relieve a municipality of its duty to provide the land required for the project or to contribute funds toward the cost of the project as otherwise required by law. (Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1981, No. 222 (Adj. Sess.), § 40.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 56 - Public Water Supply › § 1673. Prohibitions

§ 1673. Prohibitions
(a) A person shall not alter, expand, or otherwise modify an existing public water system or public water source without a permit from the Secretary.
(b) A person shall not construct a new public water system or public water source or change an existing water system or source into a public water system or public water source without a permit from the Secretary.
(c) A person shall not operate a public water system or public water source without a permit from the Secretary.
(d) As of July 1, 1993, a person shall not operate a public water system unless the Secretary has certified the person as a public water system operator pursuant to this chapter.
(e) A person shall not operate or maintain a public water system or public water source in a manner that causes or allows that system or source to be at risk of damage or contamination.
(f) A person shall not sell imported or domestic containerized, bottled, or packaged drinking water in the State of Vermont unless:
(1) the water and the source and system of the imported water is regulated by drinking water standards or requirements substantially equivalent to or more stringent than standards or requirements established by the Secretary pursuant to subsection 1672(b) of this title and the importer of the water has presented certification of such standards;
(2) the water and the source and system of the domestic drinking water meet the standards or requirements established by the Secretary pursuant to subsection 1672(b) of this title; and
(3) the name, source, and the location of the bottler of spring, artesian, or municipal water are identified. (Added 1991, No. 71, § 2; amended 1993, No. 47, § 2; 1999, No. 50, § 1; 1999, No. 63, § 4.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 56 - Public Water Supply › § 1674. Certification of water system operators

§ 1674. Certification of water system operators
(a)(1) The Secretary shall by rule establish processes and criteria for:
(A) the classification of public water systems for the purpose of certifying operators; and
(B) the certification of persons qualified to operate specific classes of public water systems.
(2) The rules shall minimize the regulatory burden on smaller systems, to the extent allowable by State and federal law.
(b)(1) The Secretary may suspend or revoke a certificate granted under this section, after notice and opportunity to be heard, if the Secretary finds that the certificate holder has:
(A) submitted materially false or materially inaccurate information; or
(B) violated any material requirement, restriction, or condition of the certificate.
(2) The Secretary shall set forth what steps, if any, may be taken by the certificate holder to relieve the holder of the suspension or enable the certificate holder to reapply for certification if a previous certificate has been revoked. (Added 1991, No. 71, § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 56 - Public Water Supply › § 1675a. Permitting exemption

§ 1675a. Permitting exemption
(a) The requirements of this chapter and the rules adopted under this chapter, except the construction permitting requirements, shall not apply to a public water system that:
(1) Consists only of distribution and storage facilities and does not have any collection and treatment facilities;
(2) Obtains all of its water from, but is not owned or operated by, a public water system to which this chapter applies;
(3) Does not engage in the sale of water to any person. For purposes of this section and 30 V.S.A. § 203(3), a “sale” of water does not occur when:
(A) the rate charged to the consumer by the receiving water system is the same as the rate charged by the public water system for supplying water to the receiving water system; and
(B) the receiving water system follows the uniform water and sewer disconnect requirements of 24 V.S.A. chapter 129, except that 24 V.S.A. § 5147 shall not apply and appeals shall be governed by the Vermont Rules of Civil Procedure;
(4) Is not a carrier that conveys passengers in interstate commerce;
(5) Serves less than 500 persons; and
(6) Is served by a public water system that certifies to the Secretary that:
(A) the receiving public water system is responsible for the repair and maintenance of their own water system unless otherwise agreed to by the wholesale system; and
(B) the public water system supplying water to the receiving water system is responsible for:
(i) including the receiving public water system in its water quality sampling plans;
(ii) providing consumer confidence reports to the receiving system’s users; and
(iii) issuing public notice to the receiving system’s users if a violation of a drinking water contaminant standard exists or if the Secretary determines that a condition exists that may present a risk to public health.
(b) The water system supplying water to the receiving water system is responsible for the requirements contained in subdivision (a)(6)(B) of this section until 180 days after the water system supplying water to the receiving water system files a notice with the Secretary of Natural Resources and the receiving system of its intent to withdraw from any obligation made under subdivision (a)(6)(B) of this section.
(c) Notwithstanding the exemption contained in subsection (a) of this section, the Secretary of Natural Resources may take any reasonable steps that are necessary to abate a public health threat at a public water system that is otherwise exempt. (Added 2007, No. 156 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 56 - Public Water Supply › § 1676a. Permits; systems affecting farms; liability for contamination

§ 1676a. Permits; systems affecting farms; liability for contamination
(a) The Secretary shall issue a permit for a new source for a public water system only after making the findings required by subsection 1675(b) of this title. In addition, if the Secretary finds there are agricultural lands in the area that are likely to affect the proposed source but not likely to constitute a public health hazard, the Secretary shall require the applicant to certify in the permit that the proposed source will be abandoned, replaced, or treated if it becomes contaminated by agricultural activities conducted on the agricultural lands.
(b) The Secretary may require the permittee to monitor the area around the permitted source to obtain knowledge of potential contaminants. If contamination occurs, the Secretary shall make a determination whether the permittee shall abandon the contaminated source and use an alternative source or, if use of an alternative source is not feasible, treat the contaminated source. If the source is treated, the Secretary shall find that it has been properly treated according to applicable drinking water standards and that continued use of the source will not adversely affect the health and safety of the public.
(c) An owner or lessee of agricultural lands who alleges that the agricultural lands are within the area of a proposed new public water source may appeal a decision of the Secretary pursuant to section 1680 of this title.
(d) An owner or lessee of agricultural lands shall not be liable for personal injury or property damage resulting from contamination of a permitted water source so long as the owner or lessee was utilizing required agricultural practices at the time the water source was contaminated and so long as the lands were agricultural at the time the permit was issued.
(e) Nothing in this section shall prohibit an applicant from negotiating an agreement with an owner of agricultural lands or from using authority granted in any other provision of law to secure rights to the property in question. (Added 1991, No. 71, § 2; amended 2015, No. 64, § 13.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 56 - Public Water Supply › § 1677. Inspection and application for search warrants

§ 1677. Inspection and application for search warrants
Any health officer or municipal board of health is authorized:
(1) to inspect public water sources, public water systems, or public water source protection areas, pursuant to 18 V.S.A. § 107; and
(2) to apply for search warrants pursuant to 18 V.S.A. § 121. (Added 1991, No. 71, § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 56 - Public Water Supply › § 1678. Prohibition on use of lead pipes, solder, and flux

§ 1678. Prohibition on use of lead pipes, solder, and flux
(a) No person shall use any pipe, solder, or flux in the installation or repair of any public water system, or in any plumbing providing drinking water that is connected to a public water system, unless it is lead free.
(b) For purposes of this section, the term “lead free” means:
(1) solders and flux containing not more than 0.2 percent lead;
(2) pipes and pipe fittings containing not more than 8.0 percent lead.
(c) Each public water system shall identify and provide notice in the manner required by the Secretary by rule to persons that may be affected by lead contamination of their drinking water where such contamination results from the following:
(1) the lead content in the construction materials of the public water system; or
(2) corrosivity of the public water source sufficient to cause leaching of lead.
(d) This section shall not apply to leaded joints necessary for the repair of cast iron pipes. (Added 1991, No. 71, § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 56 - Public Water Supply › § 1680. Appeals

§ 1680. Appeals
Appeals of any act or decision of the Department under this subchapter shall be made in accordance with chapter 220 of this title. (Added 1991, No. 71, § 2; amended 2003, No. 115 (Adj. Sess.), § 41, eff. Jan. 31, 2005.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 56 - Public Water Supply › § 1681. Criminal enforcement

§ 1681. Criminal enforcement
(a) Any permit holder or person who violates a provision of this chapter or the rules adopted pursuant to this chapter, who fails or neglects to obey or comply with the terms of a permit issued under this chapter, or who fails or neglects to obey or comply with an assurance of discontinuance or order relating to this chapter or the rules adopted pursuant to this chapter shall be fined not more than $5,000.00. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day’s continuance shall be deemed a separate violation.
(b) Any permit holder or person who refuses to obey or comply with the terms of a permit issued under this chapter or who refuses to obey or comply with an assurance of discontinuance or order relating to this chapter or the rules adopted pursuant to this chapter shall be fined not more than $25,000.00 or be imprisoned not more than six months, or both. Each violation shall be a separate offense and, in the case of a continuing violation, each day’s continuance shall be deemed a separate violation.
(c) Any person who knowingly makes a false statement, representation, or certification as to any material fact in any application, record, report, plan, testing result, or other document filed or required to be maintained under this chapter, or who falsifies, tampers with, or knowingly renders inaccurate a testing device or method required to be maintained under this chapter or the rules adopted pursuant to this chapter, or any permit or certification issued pursuant to this chapter, or any assurance of discontinuance or order relating to the provisions of this chapter or the rules adopted pursuant to this chapter shall be fined not more than $10,000.00 or be imprisoned for not more than six months, or both.
(d) When a municipal corporation, as defined in 24 V.S.A. § 3301, acquires any existing public water source or existing public water system, as defined in subdivisions 1671(4) and (5) of this title, the Secretary shall establish, in a permit issued under this chapter, a compliance schedule that provides for reasonable time and effort for the municipal corporation to achieve compliance with this chapter for any deficiencies in the acquired source or system. If the municipal corporation remains in compliance with the terms of its permit, no cause of action or grounds for enforcement shall lie against the municipal corporation for violations due to the reasons giving rise to the compliance schedule. (Added 1991, No. 71, § 2; amended 1993 No. 164 (Adj. Sess.). § 11; 2019, No. 14, § 39, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 56 - Public Water Supply › § 1683. Filtration requirements

§ 1683. Filtration requirements
(a) The Department of Environmental Conservation shall review each application for a construction grant to determine whether the project qualifies for an avoidance of filtration waiver under the surface water treatment rule and notify the applicant of the results of that review. The Department shall provide an opportunity for the applicant to submit information in support of an affirmative finding.
(b) The Department of Environmental Conservation shall grant waivers to requirements for water filtration and exemptions to public and private water systems as provided under the federal Safe Drinking Water Act, surface water rule, when a water system owner demonstrates that the water system has a proven record of delivering adequate quantities of clean and safe drinking water and that adequate protection of the surface water source is or may be assured. (Added 1991, No. 256 (Adj. Sess.), § 22, eff. June 9, 1992; amended 1995, No. 189 (Adj. Sess.), § 5; 2003, No. 115 (Adj. Sess.), § 42, eff. Jan. 31, 2005; 2019, No. 14, § 40, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 56 - Public Water Supply › § 1684. Conservation requirements

§ 1684. Conservation requirements
The General Assembly finds that water is a natural resource that should be managed efficiently to reduce waste through promotion of water conservation. It shall be the policy of the State to conserve the water resources of Vermont through technology, methods, and procedures designed to promote efficient use of water; to consider water conservation in all water use decisions; and to reduce or minimize the waste of water through water supply management practices. (Added 1997, No. 134 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 56 - Public Water Supply › § 1685. Public water system capacity

§ 1685. Public water system capacity
The Secretary, by rule, shall establish standards and requirements for implementing a public water system capacity program for community water systems and nontransient, noncommunity water systems. The program shall place particular emphasis on addressing the problems and capital needs facing the State’s small, rural community water systems and public water systems operated by school districts. The program may include the following measures to improve public water system infrastructure and to provide safe drinking water to small community water systems and schools:
(1) source water protection programs;
(2) capital improvement planning;
(3) minimum design and construction standards;
(4) operation and management practices;
(5) development of a program to assess the capacity of public water systems in order to prevent formation of new systems lacking capacity; to assess existing system capacity; and to promote restructuring of systems lacking capacity; and
(6) to the extent it is consistent with federal law, preference in providing State financial and technical assistance to small systems whose water supply is contaminated or threatened by contamination or who fail to comply with State drinking water standards. (Added 1997, No. 134 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 59 - Underground and Aboveground Liquid Storage Tanks › § 1921. Purpose

§ 1921. Purpose
The ground and surface waters of the State are an essential and significant portion of the natural resources of the State historically protected by State programs. Significant contamination of these natural resources and hazard to the public health results from the failure of aboveground storage tanks and underground facilities for the storage and handling of petroleum liquids, related sludges, and other chemicals. It is the purpose of this chapter to prevent ground and surface water contamination from these facilities by authorizing the establishment of State standards and criteria for the design, installation, operation, maintenance, and monitoring of underground liquid storage facilities. It is the intent of this chapter to provide authority to the Secretary to enable the Secretary to operate a program consistent with or more stringent than that contained in Title VI of the Hazardous and Solid Waste Amendments of 1984. (Added 1985, No. 66, § 1; amended 1997, No. 132 (Adj. Sess.), § 2, eff. April 23, 1998.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 59 - Underground and Aboveground Liquid Storage Tanks › § 1923. Notice of new or existing underground storage tank

§ 1923. Notice of new or existing underground storage tank
(a) New tanks. When an underground storage tank is installed or entered into service after June 30, 1985, the owner shall notify the Secretary of the existence of that tank.
(b) Tanks in service on June 30, 1985. Before April 1, 1986, any person who on June 30, 1985 owns an underground storage tank currently in use shall notify the Secretary of the existence of that tank.
(c) Tanks no longer in service. Any person who knowingly owned or used an underground storage tank after January 1, 1974, and who does not have knowledge that the tank has been closed in accordance with tank closure requirements prescribed by the rules, shall make a one-time notification to the Secretary regarding the existence of that tank. No person is required under this section to report a tank that has been reported under subsection (b) of this section.
(d) Notices. Notices under this section shall be in the form and manner prescribed by the Secretary.
(1) All notices shall include at least the following information, to the extent known by the person reporting:
(A) the tank’s size, type, and location; and
(B) the type and quantity of substance, if any, stored in it.
(2) Notices for tanks that are no longer in operation shall also include the following information, to the extent known by the person reporting:
(A) the date the tank was taken out of operation; and
(B) the age of the tank at that time.
(e) Applicability. Notices under this section and section 1925 of this title shall apply to any underground storage tank, except for: farm or residential tanks of equal to or less than 1,100 gallons capacity that are used for storing motor fuel for noncommercial purposes; and heating oil tanks used for on-premises heating purposes that are less than or equal to 1,100 gallons capacity. (Added 1985, No. 66, § 1; amended 1991, No. 85, § 2; 1997, No. 132 (Adj. Sess.), § 4, eff. April 23, 1998.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 59 - Underground and Aboveground Liquid Storage Tanks › § 1924. Integrity report

§ 1924. Integrity report
The owner or operator of an underground storage tank may be ordered by the Secretary to complete a tank integrity demonstration in the following circumstances:
(1) when the Secretary has reason to suspect there is or has been a release, or
(2) when in the Secretary’s opinion the age, operation, or conditions surrounding the installation, or any combination of the above, so warrant. (Added 1985, No. 66, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 59 - Underground and Aboveground Liquid Storage Tanks › § 1925. Notice in land records

§ 1925. Notice in land records
In order to make the information available to future purchasers, tank owners shall record the existence and location of underground storage tanks in local land records. The Secretary shall establish by rule the information to be recorded and the manner of recording. (Added 1985, No. 66, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 59 - Underground and Aboveground Liquid Storage Tanks › § 1926. Unused and abandoned tanks

§ 1926. Unused and abandoned tanks
(a) Any underground storage tank that does not meet new construction standards as prescribed by the rules, and that has not been used for a period of one year shall be closed in accordance with tank closure requirements prescribed by the rules. Any underground storage tank that has not been used for a period of one year may be closed in accordance with tank closure requirements prescribed by rules adopted under this chapter.
(b) The responsibility for the closure of an underground storage tank shall rest with:
(1) the person who owned the tank immediately before its use was discontinued; and
(2) any subsequent purchaser of the tank or the property on which the tank is located, if the purchaser knew or had reason to know of the existence of the tank prior to the purchase.
(c) The person identified in subdivision (b)(2) of this section shall have the primary responsibility for closure, except that a secured lender who acquires record title to the property on which the tank is located, through or incident to foreclosure, shall not have responsibility under this section, provided that the secured lender discloses in writing the presence of the unused underground tank or tanks to the subsequent buyer, and, within 30 days of the date the secured lender becomes record title holder of the property, the secured lender takes all of the following actions:
(1) the contents of the tank or tanks are removed such that less than one inch or 0.3 percent by weight of the tank’s capacity remains in the tank;
(2) all fill pipes, gauge openings, manways, and other openings are secured to prevent infiltration from rainwater, surface runoff, and accidental deliveries; and
(3) the vent line is left open and functioning and is secured to prevent infiltration from rainwater and debris.
(d) If the persons described in subdivisions (b)(1) and (2) of this section are unknown or cannot be contacted, or if the person owning the land on which the tank is located does not allow access to the tank, the person owning the land on which the tank is located, upon direction of the Secretary, shall close the tank. If the following conditions are met, the Secretary shall draw upon the Petroleum Cleanup Fund established by section 1941 of this title in order to reimburse the person owning the land for the reasonable costs of that action and the Secretary shall not seek repayment to the Fund from the person owning the land:
(1) the person owning the land can establish that after making a diligent and appropriate investigation he or she had no knowledge or reason to know of the existence of an underground storage tank; and
(2) the person owning the land has given all reasonable assistance in the closing of the tank; and
(3) the person owning the land is directed in writing by the Secretary to close the tank, and does so. (Added 1985, No. 66, § 1; amended 1987, No. 282 (Adj. Sess.), § 20; 1995, No. 57, § 1; 1997, No. 132 (Adj. Sess.), § 5, eff. April 23, 1998; 2009, No. 22, § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 59 - Underground and Aboveground Liquid Storage Tanks › § 1928. Regulation of farm and residential large motor fuel tanks

§ 1928. Regulation of farm and residential large motor fuel tanks
The Secretary shall establish rules for the new installation of or reentry into service of farm and residential underground storage tanks of greater than 1,100 gallons that are or have been used for storing motor fuel for noncommercial purposes. These rules shall establish registration requirements and requirements that address tank condition, composition, size, type, compatibility, and method of installation. No person shall install or reenter into service such a tank after the effective date of these rules without complying with these rules. The Secretary also shall adopt rules that establish requirements for any monitoring or leak detection system or inventory control system or tank testing system deemed appropriate and maintaining records thereof. The rules also shall establish requirements for reporting of any releases and taking corrective action, requirements for tank closure and evidence of financial responsibility, and requirements for the upgrade or closure of tanks by December 22, 1998 that do not meet standards adopted to prevent releases due to corrosion, and spills or overfills. These rules for new and existing tanks shall take into account the unique schedule of home and farm use. Inventory control measures shall be appropriate to these uses. After December 22, 1998, no person shall deliver a regulated substance to a farm or residential tank regulated under this section if that tank is not visibly designated on the premises in a manner prescribed by the Agency as meeting standards adopted to prevent releases due to corrosion, spills, or overfills. (Added 1985, No. 66, § 1; amended 1987, No. 282 (Adj. Sess.), § 9; 1989, No. 110, § 4, eff. June 20, 1989; 1997, No. 132 (Adj. Sess.), § 7, eff. April 23, 1998.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 59 - Underground and Aboveground Liquid Storage Tanks › § 1929. Regulation of large heating oil tanks

§ 1929. Regulation of large heating oil tanks
The Secretary shall establish tank registration requirements for underground storage tanks of greater than 1,100 gallons that are or have been used to contain fuel oil for on-premises heating purposes. (Added 1985, No. 66, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 59 - Underground and Aboveground Liquid Storage Tanks › § 1929b. Regulation of heating oil tanks at public buildings

§ 1929b. Regulation of heating oil tanks at public buildings
The Secretary shall establish tank registration requirements for underground storage tanks equal to or less than 1,100 gallons that are or have been used to contain fuel oil for on-premises heating purposes at a public building. (Added 2009, No. 22, § 3.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 59 - Underground and Aboveground Liquid Storage Tanks › § 1930. Implementation; coordination

§ 1930. Implementation; coordination
(a) Rulemaking standards. To the extent compatible with this chapter, in establishing rules and standards, the Secretary may distinguish between types, classes, and ages of underground storage tanks. In making such distinctions the Secretary may take into consideration factors including location of tanks, soil and climate considerations, uses of the tanks, history of maintenance, age, current industry recommended practices, national codes, hydrogeology, water table, size of tanks, volume of use, technical capability of owners and operators, and compatibility of the regulated substance and materials of fabrication. The distinctions may also take into consideration the location of storage tanks in relation to recharge areas for community type water supply wells. Where appropriate, the Secretary may designate whether the owner or the operator is responsible for monitoring a particular tank. The Secretary shall ensure that standards established with respect to financial responsibility shall bear a reasonable relation to the risk associated with a regulated substance release. Financial responsibility may be established by any one or a combination of the following: insurance, guarantee, surety bond, letter of credit, or qualification as a self-insurer. The Secretary may suspend enforcement of the financial responsibility requirements for a particular class or category of underground storage tanks if the Secretary makes a determination that methods of financial responsibility are not generally available for underground storage tanks in that class or category. The suspension shall extend for a period not to exceed 180 days and may be extended for additional 180 day periods by further determination by the Secretary that the need continues to exist and that progress is being made as required by federal law or regulation (section 9003 of the federal Solid Waste Disposal Act).
(b) Advisory committee. The Secretary shall select an advisory committee from among groups representing municipal, environmental, business, and industry interests. The Secretary shall consult with the advisory committee in preparing rules under this chapter.
(c) Coordination with other departments. Nothing in this chapter is intended to interfere with the authorities of the Department of Health or the Department of Labor or the Agency of Agriculture, Food and Markets. The Secretary shall work cooperatively with the Commissioner of Health, Labor and Industry, and the Secretary of Agriculture, Food and Markets in the Secretary’s development of procedures and rules to carry out the intent of this chapter. (Added 1985, No. 66, § 1; amended 1987, No. 85, § 4, eff. June 9, 1987; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 59 - Underground and Aboveground Liquid Storage Tanks › § 1931. Inspections; right of entry; information

§ 1931. Inspections; right of entry; information
For the purposes of developing or enforcing any rule, regulation, standard, permit, or order authorized by this chapter, the Secretary, or the Secretary’s authorized representative, may request and any permittee or owner or operator shall conduct monitoring or testing of tanks, associated equipment, contents, or surrounding soils, air, surface water, or groundwater and shall furnish information relating to tanks, associated equipment, and tank contents, and any duly authorized representative of the Secretary may upon presentation of appropriate credentials at any reasonable time:
(1) enter any property where underground storage tanks are located;
(2) inspect and obtain samples;
(3) inspect and copy records, reports, information, or test results relating to the purposes of this chapter;
(4) conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water, or groundwater;
(5) conduct corrective action;
(6) upon refusal of entry by a permittee or owner or operator for inspection, sampling, monitoring or testing, corrective action, or copying pursuant to this section, the Secretary or the duly authorized representative may apply for and obtain an entry order or subpoena, or both, to allow such entry, inspection, sampling, monitoring or testing, corrective action, or copying from the District or Superior Court in whose jurisdiction the property is located. An entry order or subpoena, or both, shall issue upon a showing that:
(A) there is probable cause to believe an underground storage tank is located on the property;
(B) entry onto the property has been requested; and
(C) entry has been denied. (Added 1985, No. 66, § 1; amended 1987, No. 282 (Adj. Sess.), § 10; 1989, No. 110, § 5, eff. June 20, 1989.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 59 - Underground and Aboveground Liquid Storage Tanks › § 1932. Orders

§ 1932. Orders
Upon receiving information that the operation, maintenance, or condition of an underground storage tank or the surrounding environs may present a threat or a hazard to the health of persons or to the environment, or may present an actual or threatened violation of any provision of this chapter, the Secretary may issue to the owner or operator an order establishing reasonable and proper methods for the control of the activity, tank closure, removal of contaminated materials, and the management of substances in the tank or the surrounding environs in order to reduce or eliminate the hazard or the violation. Orders of the Secretary may include requiring the owner to undertake investigations on properties of the owner. (Added 1985, No. 66, § 1; amended 1987, No. 282 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 59 - Underground and Aboveground Liquid Storage Tanks › § 1933. Appeals

§ 1933. Appeals
Appeals of any act or decision of the Department under this subchapter shall be made in accordance with chapter 220 of this title. (Added 1985, No. 66, § 1; amended 1995, No. 57, § 3; 2003, No. 115 (Adj. Sess.), § 43, eff. Jan. 31, 2005.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 59 - Underground and Aboveground Liquid Storage Tanks › § 1934. Enforcement

§ 1934. Enforcement
(a) Notwithstanding any other provisions or procedure set forth in this chapter, if the Secretary finds that a person is in violation of this chapter or has failed to comply with any provisions of any order, standard, rule, or permit issued in accordance with this chapter, he or she may bring suit in the Superior Court in any county where the noncompliance has occurred to enjoin the act and to obtain compliance. The suit shall be brought by the Attorney General or the appropriate State’s Attorney in the name of the State for injunctive relief or for the imposition of penalties and fines as provided in section 1935 of this title. The court may issue a temporary injunction or order in such proceedings and may exercise all plenary powers available to it in addition to the power to:
(1) enjoin further releases;
(2) order design, construction, installation, or operation of alternate facilities;
(3) order the removal of facilities, contaminated soils and the restoration of the environment;
(4) fix and order compensation for any public or private property destroyed, damaged, or injured;
(5) assess and award punitive damages;
(6) order reimbursement to any agency of federal, State, or local government from any person whose acts caused governmental expenditures under section 1283 of this title, or under subdivision 1941(b)(3) or (7) of this title and in accordance with the provisions of subsection 1941(f) of this title.
(b) In addition to the remedies described in subsection (a) of this section, if the Secretary finds that a person has installed, removed, repaired, or tested an underground storage tank in violation of this chapter or the rules adopted under this chapter, the person who installed, removed, repaired, or tested the tank may be subject to penalties and required to take all actions necessary to correct the violation in accordance with the provisions of chapters 201 and 211 of this title. (Added 1985, No. 66, § 1; amended 1989, No. 110, § 6, eff. June 20, 1989; 1997, No. 12, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 59 - Underground and Aboveground Liquid Storage Tanks › § 1935. Penalties

§ 1935. Penalties
(a) Criminal penalty. Any person who knowingly or intentionally violates any provision of this chapter or the rules promulgated herein, or any permits or any order standards issued in accordance with this chapter shall be subject to a criminal penalty not to exceed $25,000 or imprisonment for not more than six months, or both.
(b) Civil penalty. Any person who violates any provision of this chapter, the rules adopted pursuant to this chapter, or the terms and conditions of any order or permit issued by the Secretary, shall be subject to a civil penalty not to exceed $10,000.00 per storage tank.
(c) Violations. Each violation may be a separate and distinct offense and in the case of a continuing violation, each day’s continuance of the violation may be deemed a separate and distinct offense. (Added 1985, No. 66, § 1; amended 1989, No. 110, § 7, eff. June 20, 1989; 2019, No. 14, § 42, eff. April 30, 2019; 2021, No. 20, § 48.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 59 - Underground and Aboveground Liquid Storage Tanks › § 1936. Licensure of tank inspectors

§ 1936. Licensure of tank inspectors
(a) The Secretary may establish a process for licensing persons to perform tank integrity demonstrations, as provided by this section. Under that process, the Secretary shall charge a fee, in accordance with 3 V.S.A. § 2822. The Secretary shall license persons who demonstrate to the satisfaction of the Secretary that they possess the ability to perform tank integrity demonstrations. This demonstration of ability may consist of written and field examinations and may establish different types of licenses for different types of demonstrations. No person shall be required to obtain a license in order to carry out duties as a State employee.
(b) After offering opportunity for hearing before the Secretary or a hearing officer, the Secretary may revoke the license of any tank inspector who has committed fraud or deceit in obtaining licensure or submitting an application or who has demonstrated gross negligence or incompetence in performing a tank integrity demonstration or in other work relating to a tank integrity demonstration. (Added 1985, No. 66, § 1; amended 1987, No. 76, § 7; 1991, No. 85, § 3.)