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2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1331. Preamble

§ 1331. Preamble
Whereas, the growth of population and the development of the territory of the New England states has resulted in serious pollution of certain interstate streams, ponds and lakes, and of tidal waters ebbing and flowing past the boundaries of two or more states; and
Whereas, such pollution constitutes a menace to the health, welfare and economic prosperity of the people living in such area; and
Whereas, the abatement of existing pollution and the control of future pollution in the interstate waters of the New England area are of prime importance to the people and can best be accomplished through the cooperation of the New England states in the establishment of an interstate agency to work with the states in the field of pollution abatement;
Now, therefore, The states of Connecticut and Rhode Island and the Commonwealth of Massachusetts (the states of Maine, New Hampshire and Vermont when authorized and do join herein) are now bound and do agree as follows:
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1332. Waters subject to compact—Article I

§ 1332. Waters subject to compact—Article I
It is agreed between the signatory states that the provisions of this compact shall apply to streams, ponds and lakes which are contiguous to two or more signatory states or which flow through two or more signatory states or which have a tributary contiguous to two or more signatory states or flowing through two or more signatory states, and also shall apply to tidal waters ebbing and flowing past the boundaries of two states.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1333. Creation of Commission—Article II

§ 1333. Creation of Commission—Article II
There is hereby created the New England Interstate Water Pollution Control Commission (hereinafter referred to as the Commission) which shall be a body corporate and politic, having the powers, duties and jurisdiction herein enumerated and such other and additional powers as shall be conferred upon it by the act or acts of a signatory state concurred in by the others.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1334. Composition of Commission—Article III

§ 1334. Composition of Commission—Article III
The Commission shall consist of five commissioners from each signatory state, each of whom shall be a resident voter of the state from which he or she is appointed. The commissioners shall be chosen in the manner and for the terms provided by law of the state from which they shall be appointed. For each state there shall be on the Commission a member representing the state health department, a member representing the state water pollution control board (if such exists), and, except where a state in its enabling legislation decides that the best interests of the state will be otherwise served, a member representing municipal interests, a member representing industrial interests, and a member representing an agency acting for fisheries or conservation.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1335. General powers of Commission—Article IV

§ 1335. General powers of Commission—Article IV
The Commission shall annually elect from its members a chair and vice chair and shall appoint and at its pleasure remove or discharge such officers. It may appoint and employ a secretary who shall be a professional engineer versed in water pollution and may employ such stenographic or clerical employees as shall be necessary, and at its pleasure remove or discharge such employees. It shall adopt a seal and suitable bylaws and shall promulgate rules and regulations for its management and control. It may maintain an office for the transaction of its business and may meet at any time or place within the signatory states. Meetings shall be held at least twice each year. A majority of the members shall constitute a quorum for the transaction of business, but no action of the Commission imposing any obligation on any signatory state or on any municipal agency or subdivision thereof or on any person, firm or corporation therein shall be binding unless a majority of the members from such signatory state shall have voted in favor thereof. Where meetings are planned to discuss matters relevant to problems of water pollution control affecting only certain of the signatory states, the Commission may vote to authorize special meetings of the commissioners of the states especially concerned. The Commission shall keep accurate accounts of all receipts and disbursements and shall make an annual report to the governor and the legislature of each signatory state setting forth in detail the operations and transactions conducted by it pursuant to this compact, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the signatory states which may be necessary to carry out the intent and purpose of this compact. The Commission shall not incur any obligations for salaries, office, administrative, traveling or other expenses prior to the allotment of funds by the signatory states adequate to meet the same; nor shall the Commission pledge the credit of any of the signatory states. Each signatory state reserves the right to provide hereafter by law for the examination and audit of the accounts of the Commission. The Commission shall appoint a treasurer who may be a member of the Commission, and disbursements by the Commission shall be valid only when authorized by the Commission and when vouchers therefor have been signed by the secretary and countersigned by the treasurer. The secretary shall be custodian of the records of the Commission with authority to attest to and certify such records or copies thereof.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1336. Water standards; classification—Article V

§ 1336. Water standards; classification—Article V
It is recognized, owing to such variable factors as location, size, character and flow and the many varied uses of the waters subject to the terms of this compact, that no single standard of sewage and waste treatment and no single standard of quality of receiving waters is practical and that the degree of treatment of sewage and industrial wastes should take into account the classification of the receiving waters according to present and proposed highest use, such as for drinking water supply, industrial and agricultural uses, bathing and other recreational purposes, maintenance and propagation of fish life, shellfish culture, navigation and disposal of wastes.
The Commission shall establish reasonable physical, chemical and bacteriological standards of water quality satisfactory for various classifications of use. It is agreed that each of the signatory states through appropriate agencies will prepare a classification of its interstate waters in entirety or by portions according to present and proposed highest use and for this purpose technical experts employed by state departments of health and state water pollution control agencies are authorized to confer on questions relating to classification of interstate waters affecting two or more states. Each signatory state agrees to submit its classification of its interstate waters to the Commission for approval. It is agreed that after such approval all signatory states through their appropriate state health departments and water pollution control agencies will work to establish programs of treatment of sewage and industrial wastes which will meet standards established by the Commission for classified waters. The Commission may from time to time make such changes in definitions of, classifications and in standards as may be required by changed conditions or as may be necessary for uniformity.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1337. Interstate inland and tidal waters—Article VI

§ 1337. Interstate inland and tidal waters—Article VI
Each of the signatory states pledges to provide for the abatement of existing pollution and for the control of future pollution of interstate inland and tidal waters as described in Article I, and to put and maintain the waters thereof in a satisfactory condition consistent with the highest classified use of each body of water.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1338. Effect on local legislation; pending causes—Article VII

§ 1338. Effect on local legislation; pending causes—Article VII
Nothing in this compact shall be construed to repeal or prevent the enactment of any legislation or prevent the enforcement of any requirement by any signatory state imposing any additional condition or restriction to further lessen the pollution of waters within its jurisdiction. Nothing herein contained shall affect or abate any action now pending brought by any governmental board or body created by or existing under any of the signatory states.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1339. Expenses; obligation of signatories—Article VIII

§ 1339. Expenses; obligation of signatories—Article VIII
The signatory states agree to appropriate for the salaries, office, administrative, travel and other expenses such sum or sums as shall be recommended by the Commission. The commonwealth of Massachusetts obligates itself only to the extent of $6,500.00 in any one year, the state of Connecticut only to the extent of $3,000.00 in any one year, the state of Rhode Island only to the extent of $1,500.00 in any one year, and the states of New Hampshire, Maine and Vermont each only to the extent of $1,000.00 in any one year.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1341. New York State; cooperation—Article X

§ 1341. New York State; cooperation—Article X
The Commission is authorized to discuss with appropriate state agencies in New York State questions of pollution of waters which flow into the New England area from New York State or vice versa and to further the establishment of agreements on pollution abatement to promote the interests of the New York and New England areas.
Whenever the Commission by majority vote of the members of each signatory state shall have given its approval and the State of New York shall have taken the necessary action to do so, the State of New York shall be a party to this compact for the purpose of controlling and abating the pollution of waterways common to New York and the New England states signatory to this compact but excluding the waters under the jurisdiction of the Interstate Sanitation Commission (New York, New Jersey and Connecticut).
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1342. Effective, when—Article XI

§ 1342. Effective, when—Article XI
This compact shall become effective immediately upon the adoption of the compact by any two contiguous states of New England but only insofar as applies to those states and upon approval by federal law. Thereafter upon ratification by other contiguous states, it shall also become effective as to those states.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1343. Commission membership

§ 1343. Commission membership
The State shall be represented on the Commission by five commissioners, one of whom shall be the Commissioner of Environmental Conservation, and four of whom shall be appointed by the Governor. Of those appointed by the Governor, one shall be an officer of municipal government, and the remaining members may be members of the public or officers or employees of State government. (Added 1981, No. 222 (Adj. Sess.), § 26; amended 2019, No. 14, § 32, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1371. Authority for compact

§ 1371. Authority for compact
On behalf of the State of Vermont, the Governor thereof is hereby authorized and directed to execute a compact, as set forth in sections 1331-1342 of this title, with any of the New England states or the State of New York legally joined therein.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1372. Members; appointment; term

§ 1372. Members; appointment; term
(a) Within 30 days after he or she has executed the Compact with any or all of the states legally joined therein, the Governor shall appoint three persons to serve as commissioners to the New England Interstate Water Pollution Control Commission. The Commissioner of Environmental Conservation and the Commissioner of Health shall serve as ex officio commissioners on the Commission.
(b) The commissioners so appointed shall hold office for six years. A vacancy occurring in the office of a commissioner shall be filled by the Governor for the unexpired portion of the term.
(c) The commissioners shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010.
(d) The commissioners shall have the powers and duties and be subject to limitations as set forth in the Compact. (Amended 2018, No. 2 (Sp. Sess.), § 8.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1373. Appropriation

§ 1373. Appropriation
The sum of $1,150.00 annually, or so much thereof as may be necessary, is hereby appropriated for the purpose of carrying out the provisions of the New England Interstate Water Pollution Control Compact relating to the payment by the State to the New England Interstate Water Pollution Control Commission of the proportionate share of the State in the expenses of such Commission.
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1381. Definitions

§ 1381. Definitions
As used in this subchapter:
(1) “Commercial establishment” means any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation, or commercial or charitable activity, including laundries, hospitals, and food or restaurant establishments.
(2) “Household cleansing product” means any product, including soaps and detergents used for domestic or commercial cleaning purposes, including the cleansing of fabric, dishes, food utensils, and household and commercial premises. Household cleansing product shall not mean:
(A) Food, drugs and cosmetics, including personal care items such as toothpaste, shampoo, and hand soap;
(B) Products labeled, advertised, marketed, and distributed for use primarily as economic poisons as defined in 6 V.S.A. § 911(5).
(3) “Phosphorus” means elemental phosphorus.
(4) “Trace quantity” means an incidental amount of phosphorus that is not part of the household cleansing product formulation, is present only as a consequence of manufacturing and does not exceed 0.5 percent of the content of the product by weight, expressed as elemental phosphorus.
(5) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative.
(6) “Person” means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity. (Added 1977, No. 39, § 1, eff. April 19, 1977; amended 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 31.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1382. Prohibitions

§ 1382. Prohibitions
(a) No household cleansing products containing a phosphorus compound in concentrations in excess of a trace quantity may be distributed, sold, offered for sale at retail or wholesale, exposed for sale at retail or wholesale, or used in a commercial establishment in this State, except as set forth in subsections (b) and (c) of this section.
(b) No household cleansing product used in a dishwasher in a commercial establishment, used to cleanse food and beverage processing equipment, including dishes, pots, pans, and utensils, used to cleanse medical or surgical equipment, or used to cleanse dairy equipment may be distributed, sold, offered for sale at retail or wholesale, exposed for sale at retail or wholesale, or used in a commercial establishment if it contains a phosphorus compound in concentrations in excess of 8.7 percent by weight expressed as elemental phosphorus.
(c) As of July 1, 2010, no household cleansing product used in a residential dishwasher may be distributed, sold, offered for sale at retail or wholesale, or exposed for sale at retail or wholesale if it contains a phosphorus compound in concentrations in excess of a trace quantity, except for product inventory purchased by retailers prior to July 1, 2010.
(d) The provisions of this section shall not be construed to limit the phosphorus content of household cleansing products used in agricultural production and for cleansing equipment used in processing of agricultural products.
(e) The provisions of this section shall not be construed to limit the phosphorus content of household cleaning products approved by the Commissioner of Health for use in lead hazard management projects. (Added 1977, No. 39, § 1, eff. April 19, 1977; amended 1993, No. 229 (Adj. Sess.), § 1; 2007, No. 28, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1383. Exclusions

§ 1383. Exclusions
The manufacturer of a cleansing product used primarily in industrial manufacturing, production, and assembling processes or any user of the product may apply to the Secretary to have the product excluded from regulation under this subchapter. The application shall contain sufficient evidence to show that the cleansing product is used primarily in industrial manufacturing, production, and assembling processes and that there is no reasonably available alternative to the user. The exclusion shall only extend to the use of the product in industrial manufacturing, production, and assembling processes. The exclusion, if granted, shall be for a specified period of time and may be extended by the Secretary upon further application by the industrial manufacturer or user. (Added 1977, No. 39, § 1, eff. April 19, 1977.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1384. Penalty

§ 1384. Penalty
A person who violates a provision of this subchapter shall be fined not more than $2,500.00 for a single violation. In the case of a continuing violation, each day’s continuance after notification by a law enforcement officer shall be considered an additional offense for which a person shall be fined not more than $100.00 for each day’s offense, in addition to the penalty imposed for a single violation. (Added 1977, No. 39, § 1, eff. April 19, 1977.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1387. Findings; purpose; Clean Water Initiative

§ 1387. Findings; purpose; Clean Water Initiative
(a)(1) The State has committed to implementing a long-term Clean Water Initiative to provide mechanisms, staffing, and financing necessary to achieve and maintain compliance with the Vermont Water Quality Standards for all State waters.
(2) Success in implementing the Clean Water Initiative will depend largely on providing sustained and adequate funding to support the implementation of all of the following:
(A) the requirements of 2015 Acts and Resolves No. 64;
(B) federal or State required cleanup plans for individual waters or water segments, such as total maximum daily load plans;
(C) the Agency of Natural Resources’ Combined Sewer Overflow Rule;
(D) the operations of clean water service providers under chapter 37, subchapter 5 of this title; and
(E) the permanent protection of land and waters from future development and impairment through conservation and water quality projects funded by the Vermont Housing and Conservation Trust Fund authorized by chapter 15 of this title.
(3) To ensure success in implementing the Clean Water Initiative, the State should commit to funding the Clean Water Initiative in a manner that ensures the maintenance of effort and that provides an annual appropriation for clean water programs in a range of $50 million to $60 million as adjusted for inflation over the duration of the Initiative.
(4) To avoid the future impairment and degradation of the State’s waters, the State should commit to continued funding for the protection of land and waters through agricultural and natural resource conservation, including through permanent easements and fee acquisition.
(b) The General Assembly establishes in this subchapter a Vermont Clean Water Fund as a mechanism for financing the improvement of water quality in the State. The Clean Water Fund shall be used to:
(1) assist the State in the implementation of the Clean Water Initiative;
(2) fund staff positions at the Agency of Natural Resources, Agency of Agriculture, Food and Markets, or Agency of Transportation when the positions are necessary to achieve or maintain compliance with water quality requirements and existing revenue sources are inadequate to fund the necessary positions; and
(3) provide funding to clean water service providers to meet the obligations of chapter 37, subchapter 5 of this title. (Added 2015, No. 64, § 37, eff. June 16, 2015; amended 2019, No. 76, § 3.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1388. Clean Water Fund

§ 1388. Clean Water Fund
(a) There is created a special fund to be known as the Clean Water Fund to be administered by the Secretary of Administration. The Fund shall consist of:
(1) revenues from the Property Transfer Tax surcharge established under 32 V.S.A. § 9602a;
(2) other gifts, donations, and impact fees received from any source, public or private, dedicated for deposit into the Fund and approved by the Secretary of Administration;
(3) the unclaimed beverage container deposits (escheats) remitted to the State under chapter 53 of this title;
(4) six percent of the revenues from the meals and rooms taxes imposed under 32 V.S.A. chapter 225; and
(5) other revenues dedicated for deposit into the Fund by the General Assembly.
(b) Notwithstanding any contrary provisions of 32 V.S.A. chapter 7, subchapter 5, unexpended balances and any earnings shall remain in the Fund from year to year. (Added 2015, No. 64, § 37, eff. June 16, 2015; amended 2017, No. 208 (Adj. Sess.), § 4b, eff. May 30, 2018; 2019, No. 76, § 3a, eff. Oct. 1, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 47 - Water Pollution Control › § 1389b. Clean Water Fund audit

§ 1389b. Clean Water Fund audit
(a) On or before January 15, 2023, the Secretary of Administration shall submit to the House and Senate Committees on Appropriations, the Senate Committee on Finance, the House Committee on Ways and Means, the Senate Committee on Agriculture, the House Committee on Agriculture, Food Resiliency, and Forestry, the Senate Committee on Natural Resources and Energy, and the House Committee on Environment and Energy a program audit of the Clean Water Fund. The audit shall include:
(1) a summary of the expenditures from the Clean Water Fund, including the water quality projects and programs that received funding;
(2) an analysis and summary of the efficacy of the water quality projects and programs funded from the Clean Water Fund or implemented by the State;
(3) an evaluation of whether water quality projects and programs funded or implemented by the State are achieving the intended water quality benefits;
(4) an assessment of the capacity of the Agency of Agriculture, Food and Markets to effectively administer and enforce agricultural water quality requirements on farms in the State;
(5) an assessment of the capacity of the Department of Environmental Conservation to effectively administer and enforce agricultural water quality requirements on farms in the State; and
(6) a recommendation of whether the General Assembly should authorize the continuation of the Clean Water Fund and, if so, at what funding level.
(b) The audit required by this section shall be conducted by a qualified, independent environmental consultant or organization with knowledge of the federal Clean Water Act, State water quality requirements and programs, the Lake Champlain Total Maximum Daily Load plan, and the program elements of the State Clean Water Initiative.
(c) Notwithstanding provisions of section 1389 of this title to the contrary, the Secretary of Administration shall pay for the costs of the audit required under this section from the Clean Water Fund, established under section 1388 of this title. (Added 2015, No. 64, § 37, eff. June 16, 2015; amended 2015, No. 97 (Adj. Sess.), § 20; 2019, No. 64, § 19; 2019, No. 154 (Adj. Sess.), § E.100.1, eff. Oct. 2, 2020.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 48 - Groundwater Protection › § 1390. Policy

§ 1390. Policy
The General Assembly hereby finds and declares that:
(1) The State should adhere to the policy for management of groundwater of the State as set forth in section 1410 of this title.
(2) In recognition that the groundwater of Vermont is a precious, finite, and invaluable resource upon which there is an ever-increasing demand for present, new, and competing uses; and in further recognition that an adequate supply of groundwater for domestic, farming, dairy processing, and industrial uses is essential to the health, safety, and welfare of the people of Vermont, the withdrawal of groundwater of the State should be regulated in a manner that benefits the people of the State; is compatible with long-range water resource planning, proper management, and use of the water resources of Vermont; and is consistent with Vermont’s policy of managing groundwater as a public resource for the benefit of all Vermonters.
(3) It is the policy of the State that the State shall protect its groundwater resources to maintain high-quality drinking water.
(4) It is the policy of the State that the groundwater resources of the State shall be managed to minimize the risks of groundwater quality deterioration by regulating human activities that present risks to the use of groundwater in the vicinities of such activities while balancing the State’s groundwater policy with the need to maintain and promote a healthy and prosperous agricultural community.
(5) It is the policy of the State that the groundwater resources of the State are held in trust for the public. The State shall manage its groundwater resources in accordance with the policy of this section, the requirements of subchapter 6 of this chapter, and section 1392 of this title for the benefit of citizens who hold and share rights in such waters. The designation of the groundwater resources of the State as a public trust resource shall not be construed to allow a new right of legal action by a person other than the State of Vermont, except to remedy injury to a particularized interest related to water quantity protected under this subchapter. (Added 1985, No. 53, § 1; amended 2007, No. 199 (Adj. Sess.), § 1, eff. June 9, 2008; 2019, No. 14, § 33, eff. April 30, 2019.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 48 - Groundwater Protection › § 1391. Definitions

§ 1391. Definitions
As used in this chapter:
(1) “Abandoned well” means any well or hole whose original purpose and use has been permanently discontinued or that is in such a state of disrepair that the well or hole has the potential for transmitting contaminants into an aquifer or otherwise threatens the public health or safety.
(2) “Agency” means the Agency of Natural Resources.
(3) “Aquifer” means a water bearing stratum of permeable rock, sand, gravel, or other alluvial soils.
(4) “Beneficial uses” means those uses included in each groundwater class.
(5) “Commissioner” means the Commissioner of Environmental Conservation or the Commissioner’s designated representative.
(6) “Department” means the Department of Environmental Conservation.
(7) “Groundwater” means water below the land surface, but does not include surface waters within the meaning of subdivision 1251(13) of this title.
(8) “Hole” means any excavation, deeper than 20 feet with at least one horizontal dimension less than five feet.
(9) “Public water supply” means a water supply system with 15 or more connections.
(10) “Secretary” means the Secretary of Natural Resources or the Secretary’s designated representative.
(11) “Servicing” means developing of well yields, placing liners or seals, grouting, restricting the flow of flowing wells, repairing or closing wells, and installing or maintaining well pump systems. “Servicing” does not include work performed on monitoring wells.
(12) “Technical criteria” means the numerical parameters or scientific parameters that, when followed, will result in groundwater suitable for the uses defined in its class.
(13) “Well” means any hole deeper than 20 feet drilled, driven, or bored into the earth to locate, monitor, extract, or recharge groundwater or any hole deeper than 20 feet drilled, driven, or bored for the primary purpose of transferring heat to or from the earth’s subsurface.
(14) “Well contractor” means any person who constructs or services wells. (Added 1985, No. 53, § 1; amended 1987, No. 76, § 18; 1989, No. 201 (Adj. Sess.), § 1; 2015, No. 97 (Adj. Sess.), § 21.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 48 - Groundwater Protection › § 1392. Duties; powers of Secretary

§ 1392. Duties; powers of Secretary
(a) The Secretary shall develop a comprehensive groundwater management program to protect the quality of groundwater resources by:
(1) developing a strategy for the management and protection of the State’s groundwater resources;
(2) continuing studies and investigations of groundwater in the State;
(3) cooperating with other government agencies in collecting and compiling data on the quantity and quality of groundwater and location of aquifers;
(4) identifying and mapping groundwater currently used as public water supply sources and groundwater determined by the Secretary as potential future public water supply sources;
(5) providing technical assistance to municipal officials and other public bodies in the development of regional or municipal plans or bylaws, the purpose of which is the protection of groundwater resources;
(6) classifying groundwater resources according to the provisions of this chapter and adopting technical criteria and standards for the management of activities that may pose a risk to their beneficial uses;
(7) integrating the groundwater management strategy with other regulatory programs administered by the Secretary;
(8) developing public information and education materials; and
(9) cooperating with federal agencies in the development of programs for protecting the quality and quantity of the groundwater resources.
(b) The Secretary is authorized to accept and administer grants for groundwater management purposes in accord with the administrative procedures of the State.
(c)(1) The Secretary shall establish a groundwater coordinating committee, with representation from the Division of Drinking Water and Groundwater Protection within the Department, the Division of Geology and Mineral Resources within the Department, the Agency of Agriculture, Food and Markets, and the Departments of Forests, Parks and Recreation and of Health to provide advice in the development of the program and its implementation, on issues concerning groundwater quality and quantity, and on groundwater issues relevant to well-drilling activities.
(2) In carrying out his or her duties under this subchapter, the Secretary shall give due consideration to the recommendations of the Groundwater Coordinating Committee.
(3) The Secretary may request representatives of other agencies and the private sector, including licensed well drillers, to serve on the Groundwater Coordinating Committee.
(d) The groundwater management strategy, including groundwater classification and associated technical criteria and standards, shall be adopted as a rule in accordance with the provisions of 3 V.S.A. chapter 25.
(e) [Repealed.] (Added 1985, No. 53, § 1; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1995, No. 189 (Adj. Sess.), § 3; 2003, No. 115 (Adj. Sess.), § 32, eff. Jan. 31, 2005; 2017, No. 55, § 7, eff. June 2, 2017; 2018, No. 2 (Sp. Sess.), § 1; 2021, No. 69, § 9, eff. June 8, 2021.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 48 - Groundwater Protection › § 1400. Appeals

§ 1400. Appeals
Appeals of any act or decision of the Commissioner or Secretary under this chapter shall be made in accordance with chapter 220 of this title. (Added 1965, No. 206, § 3; amended 1981, No. 222 (Adj. Sess.), § 29; 1987, No. 76, § 18; 1989, No. 201 (Adj. Sess.), § 6; 2003, No. 115 (Adj. Sess.), § 33, eff. Jan. 31, 2005.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 48 - Groundwater Protection › § 1403. Closure of abandoned wells

§ 1403. Closure of abandoned wells
The Commissioner may order a person legally responsible for an abandoned well to close the abandoned well in accordance with the rules established by the Department for the purpose of groundwater protection. An order shall not be issued under this section until the person legally responsible for the abandoned well has been given notice and an opportunity for an informal conference with the Commissioner. (Added 1989, No. 201 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 48 - Groundwater Protection › § 1416. Definitions

§ 1416. Definitions
As used in this subchapter:
(1) “Farming” means farming as the term is defined in subdivision 6001(22) of this title.
(2) “Groundwater” means water below the land surface, including springs.
(3) “Person” means any individual, partnership, company, corporation, cooperative, association, unincorporated association, joint venture, trust, the State of Vermont, or any department, agency, subdivision, or municipality, the U.S. government or any department, agency, or subdivision, or any other legal or commercial entity.
(4) “Spring” means a groundwater source where groundwater flows naturally to the surface of the earth and is collected with a developed structure that is designed to locate or extract groundwater.
(5) “Surface water” means waters within the meaning of subdivision 1251(13) of this title.
(6) “Water resources” means groundwater or surface water.
(7) “Well” means any hole drilled, driven, bored, excavated, or created by similar method into the earth to locate, monitor, extract, or recharge groundwater where the water table or potentiometric surface is artificially lowered through pumping.
(8) “Withdraw” or “withdrawal” means the intentional removal by any method or instrument of groundwater from a well, spring, or combination of wells or springs. (Added 2007, No. 199 (Adj. Sess.), § 2, eff. June 9, 2008.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 48 - Groundwater Protection › § 1417. Existing groundwater withdrawal; reporting

§ 1417. Existing groundwater withdrawal; reporting
(a) Beginning September 1, 2009, any person that withdraws more than 20,000 gallons per day, averaged over a calendar month at a single tract of land or place of business shall file a groundwater report with the Secretary of Natural Resources on or before September 1 for the preceding calendar year. The report shall be made on a form prescribed by the Secretary and shall include:
(1) the location, capacity, frequency, and rate of the withdrawal;
(2) a description of the use of the water withdrawn; and
(3) where feasible, the distance of each withdrawal from the nearest surface water source and wetland.
(b) The following are exempt from the reporting requirements of this section:
(1) a groundwater withdrawal for fire suppression or other public emergency purposes;
(2) a withdrawal reported to the Agency of Natural Resources under any program that requires the reporting of substantially similar data. The Agency of Natural Resources shall record such withdrawals with the information from withdrawals reported under this section;
(3) domestic, residential use;
(4) groundwater withdrawal for farming;
(5) dairy processors and milk handlers licensed in accordance with 6 V.S.A. § 2721;
(6) public water systems, as that term is defined in section 1671 of this title; and
(7) closed loop, standing column, or similar non-extractive geothermal heat pumps.
(c) The Secretary of Natural Resources may adopt rules to implement this section, including methods for calculating or estimating the amount of groundwater withdrawn from a well or spring. (Added 2007, No. 199 (Adj. Sess.), § 2, eff. June 9, 2008.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 48 - Groundwater Protection › § 1419. Circumvention

§ 1419. Circumvention
The Secretary may require a person to report under section 1417 of this title or obtain a permit under section 1418 of this title when the Secretary, in his or her discretion, determines that a withdrawal, subdivision of land, transfer of property, or other action is intended to circumvent the requirements of this subchapter. (Added 2007, No. 199 (Adj. Sess.), § 2, eff. June 9, 2008.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49 - Protection of Navigable Waters and Shorelands › § 1421. Policy

§ 1421. Policy
To aid in the fulfillment of the State’s role as trustee of its navigable waters and to promote public health, safety, convenience, and general welfare, it is declared to be in the public interest to make studies, establish policies, make plans, make rules, encourage and promote buffers adjacent to lakes, ponds, reservoirs, rivers, and streams of the State, encourage and promote protected river corridors adjacent to rivers and streams of the State, and authorize municipal shoreland and river corridor protection zoning bylaws for the efficient use, conservation, development, and protection of the State’s water resources. The purposes of the rules shall be to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish, and aquatic life; control building sites, placement of structures, and land uses; reduce fluvial erosion hazards; reduce property loss and damage; preserve shore cover, natural beauty, and natural stability; and provide for multiple use of the waters in a manner to provide for the best interests of the citizens of the State. (Added 1969, No. 281 (Adj. Sess.), § 13; amended 2009, No. 110 (Adj. Sess.), § 2; 2011, No. 138 (Adj. Sess.), § 7, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49 - Protection of Navigable Waters and Shorelands › § 1424. Use of public waters

§ 1424. Use of public waters
(a) The Secretary may establish rules to implement the provisions of this chapter, including:
(1) Rules to regulate the use of public waters of the State by:
(A) defining areas on public waters wherein certain uses may be conducted;
(B) defining the uses which may be conducted in the defined areas;
(C) regulating the conduct in these areas, including the size of motors allowed, size of boats allowed, allowable speeds for boats, and prohibiting the use of motors or houseboats;
(D) regulating the time various uses may be conducted.
(2) Rules to govern the surface levels of lakes, ponds, and reservoirs that are public waters of the State.
(b) The Secretary in establishing rules under subdivision (a)(2) of this section shall consider the size and flow of the navigable waters, the predominant use of adjacent lands, the depth of the water, the predominant use of the waters prior to regulation, the uses for which the water is adaptable, the availability of fishing, boating, and bathing facilities, the scenic beauty, and recreational uses of the area.
(c) The Secretary shall attempt to manage the public waters so that the various uses may be enjoyed in a reasonable manner, in the best interests of all the citizens of the State. To the extent possible, the Secretary shall provide for all normal uses.
(d) [Repealed.]
(e) On receipt of a written request that the Secretary adopt, amend, or repeal a rule with respect to the use of public waters signed by not less than one person, the Secretary shall consider the adoption of rules authorized under this section and take appropriate action as required under 3 V.S.A. § 806.
(f) By rule, the Secretary may delegate authority under this section for the regulation of public waters where:
(1) The delegation is to a municipality that is adjacent to or which contains the water; and
(2) The municipality accepts the delegation by creating or amending a bylaw or ordinance for regulation of the water. Appeals from a final act of the municipality under the bylaw or ordinance shall be taken to the Environmental Division. The Secretary may terminate a delegation for cause or without cause upon six months’ notice to the municipality. (Added 1969, No. 281 (Adj. Sess.), § 13; amended 1973, No. 147 (Adj. Sess.), § 3; 1979, No. 113 (Adj. Sess.), § 1; 1981, No. 222 (Adj. Sess.), §§ 27, 28; 2003, No. 115 (Adj. Sess.), § 36, eff. Jan. 31, 2005; 2003, No. 115 (Adj. Sess.), § 37; 2011, No. 138 (Adj. Sess.), § 23, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49 - Protection of Navigable Waters and Shorelands › § 1424a. Outstanding resource waters

§ 1424a. Outstanding resource waters
(a) The Secretary, on his or her own motion, may hold a public hearing on the question of whether particular waters should be designated as outstanding resource waters, or whether an existing designation should be amended or repealed. On receipt of a signed written request, the Secretary shall consider the adoption, amendment, or repeal of rules regarding outstanding resource water designation and shall take appropriate action as required under 3 V.S.A. § 806. Any hearing shall be held convenient to the waters in question, or in a county where the waters are located.
(b) Any hearing shall be conducted as part of the rulemaking process established under 3 V.S.A. chapter 25.
(c) [Repealed.]
(d) In making its rulemaking decision, the Secretary may consider, but shall not be limited to considering, the following:
(1) existing water quality and current water quality classification;
(2) the presence of aquifer protection areas;
(3) the waters’ value in providing temporary water storage for flood water and storm runoff;
(4) the waters’ value as fish habitat;
(5) the waters’ value in providing or maintaining habitat for threatened or endangered plants or animals;
(6) the waters’ value in providing habitat for wildlife, including stopover habitat for migratory birds;
(7) the presence of gorges, rapids, waterfalls, or other significant geologic features;
(8) the presence of scenic areas and sites;
(9) the presence of rare and irreplaceable natural areas;
(10) the presence of known archeological sites;
(11) the presence of historic resources, including those designated as historic districts or structures;
(12) existing usage and accessibility of the waters for recreational, educational, and research purposes and for other public uses;
(13) studies, inventories and plans prepared by local, regional, statewide, national, or international groups or agencies, that indicate the waters in question merit protection as outstanding resource waters;
(14) existing alterations, diversions or impoundments by permit holders under State or federal law.
(e) After consideration of all relevant information, the Secretary shall adopt rules designating the waters as outstanding resource waters if it finds that they have exceptional natural, recreational, cultural, or scenic values. Designation as outstanding resource waters shall not invalidate the terms of existing permits issued by the State or federal government. (Added 1987, No. 67, § 3; amended 1987, No. 74, § 18; 2003, No. 115 (Adj. Sess.), § 38, eff. Jan. 31, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49 - Protection of Navigable Waters and Shorelands › § 1425. Shoreland protection bylaws

§ 1425. Shoreland protection bylaws
(a) The Secretary of Natural Resources shall establish a shoreland management program to aid and support municipalities in adopting municipal shoreland bylaws that comply with 24 V.S.A. § 4411. The Secretary shall prepare and provide general recommended standards and criteria for shoreland bylaws utilizing the criteria set forth in section 1423 of this title. On or before February 2011, the Secretary shall develop best management practices for the management of shorelands, including buffers within shorelands, and other management techniques designed to protect the quality of public waters. The Secretary shall assist the regional planning commissions in preparing appropriate sample bylaws that conform to the intent of this section.
(b) The Secretary, the municipalities, and all State agencies shall mutually cooperate to accomplish the objectives of this section. To that end, the Secretary shall consult with the governing bodies of municipalities and shall extend all possible assistance. The Secretary shall provide appropriate sample bylaws by September 1, 1974. By September 1, 1974 the Secretary shall also contact every municipality with shorelands:
(1) commenting on their existing shoreland bylaws; and
(2) providing them with a detailed and specific program as to the steps necessary to adopt shoreland bylaws. In contacting municipalities, the Secretary shall send copies of his correspondence by certified mail to the selectboard, town clerk, and planning commission. Copies of this correspondence should also be sent to the regional planning commission for that municipality, the State planning office and the Agency of Commerce and Community Development.
(c) On or before January 15, 1975 and again on or before January 15, 1976 the Secretary shall make a complete and definitive report to the General Assembly on the status of shoreland zoning in Vermont. This report shall contain a municipality-by-municipality analysis of which municipalities have received appropriate sample bylaws and what actions, if any, have been taken thereon by the municipalities.
(d) This section and 24 V.S.A. § 4411 shall be construed together to accomplish the purposes and objectives of this section.
(e) Beginning February 1, 2011, the Secretary of Administration, after consultation with the State agencies of relevant jurisdiction, shall offer financial incentives to municipalities through existing grants and pass-through funding programs that encourage municipal adoption and implementation of zoning bylaws that protect shorelands and buffers. (Added 1969, No. 281 (Adj. Sess.), § 13; amended 1973, No. 147 (Adj. Sess.), §§ 4, 5; 1995, No. 190 (Adj. Sess.), § 1(a); 2009, No. 110 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 49 - Protection of Navigable Waters and Shorelands › § 1426. Penalty

§ 1426. Penalty
Any person who violates a rule adopted under this chapter shall be subject to the civil penalty provision of 23 V.S.A. § 3317(b). (Added 1969, No. 281 (Adj. Sess.), § 13; amended 1989, No. 65, § 15; 1999, No. 42, § 2, eff. May 25, 1999; 2019, No. 14, § 36, eff. April 30, 2019.)