2023 Vermont Statutes › Title 3 - Executive › Chapter 51 - Natural Resources › § 2822. Budget and report; powers

§ 2822. Budget and report; powers
(a) The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency. The Secretary shall prepare and submit to the Governor an annual budget.
(b) The Secretary shall also have the powers and duties set forth in section 2803 of this title.
(c) If a waiver has been granted by the Public Utility Commission under 30 V.S.A. § 248(k), the Secretary or the Secretary’s designee shall expedite and may authorize temporary emergency permits with appropriate conditions to minimize significant adverse environmental impacts within the jurisdiction of the Agency, after limited or no opportunity for public comment, allowing site preparation for or construction or operation of an electric transmission facility or a generating facility necessary to ensure the stability or reliability of the electric system or a natural gas facility, regardless of any provision in Title 10 or 29 V.S.A. chapter 11. Such authorization shall be given only after findings by the Secretary that: good cause exists because an emergency situation has occurred; the applicant will fulfill any conditions imposed to minimize significant adverse environmental impacts; and the applicant will, upon the expiration of the temporary emergency permit, remove, relocate, or alter the facility as required by law or by an order of the Public Utility Commission. A permit issued under this subsection shall be subject to such conditions as are required by the Secretary and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the Secretary. Upon the expiration of a temporary emergency permit under this subsection, if any applicable permits have not been issued by the Secretary or the Commissioner of Environmental Conservation, the Secretary may seek enforcement under applicable law.
(d) The Secretary may adopt rules to implement the authority to issue expedited, temporary emergency permits specified in subsection (c) of this section and in 20 V.S.A. § 9(11).
(e) The Secretary, with the approval of the Secretary of Administration, may transfer any unexpended funds appropriated in a capital construction act to other projects authorized in the same section of that act.
(f) For any Agency program, the Secretary may provide for simplified application forms and procedures for minor projects.
(g) The Secretary shall make all practical efforts to process permits in a prompt manner. The Secretary shall establish time limits for the processing of each permit as well as procedures and time periods within which to notify applicants whether an application is complete. The Secretary shall report no later than the third Tuesday of each annual legislative session to the General Assembly by electronic submission. The annual report shall assess the Agency’s performance in meeting the limits; identify areas that hinder effective Agency performance; list fees collected for each permit; summarize changes made by the Agency to improve performance; describe staffing needs for the coming year; certify that the revenue from the fees collected is at least equal to the costs associated with those positions; and discuss the operation of the Agency during the preceding fiscal year and the future goals and objectives of the Agency. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. This report is in addition to the fee report and request required by 32 V.S.A. chapter 7, subchapter 6.
(h) [Repealed.]
(i) The Secretary shall not process an application for which the applicable fee has not been paid unless the Secretary specifies that the fee may be paid at a different time or unless the person applying for the permit is exempt from the permit fee requirements pursuant to 32 V.S.A. § 710. Municipalities shall be exempt from the payment of fees under this section except for those fees prescribed in subdivisions (j)(1), (7), (8), (14), and (15) of this section for which a municipality may recover its costs by charging a user fee to those who use the permitted services. Municipalities shall pay fees prescribed in subdivisions (j)(2), (10), (11), (12), and (26), except that a municipality shall also be exempt from those fees for stormwater systems prescribed in subdivisions (j)(2)(A)(iii)(I), (II), or (IV) and (j)(2)(B)(iv)(I), (II), or (V) of this section for which a municipality has assumed full legal responsibility under 10 V.S.A. § 1264.
(j) In accordance with subsection (i) of this section, the following fees are established for permits, licenses, certifications, approvals, registrations, orders, and other actions taken by the Agency of Natural Resources.
(1) For air pollution control permits or registrations issued under 10 V.S.A. chapter 23:
(A) Base service fees. Any persons subject to the provisions of 10 V.S.A. § 556 shall submit with each permit application or with each request for a permit amendment, a base service fee in accordance with the base fee schedule in subdivision (i) of this subdivision (1)(A). Prior to taking final action under 10 V.S.A. § 556 on any application for a permit for a nonmajor stationary source or on any request for an amendment of a permit for such a source, the Secretary shall assess each applicant for any additional fees due to the Agency, assessed in accordance with the base fee schedule and the supplementary fee schedule in subdivision (ii) of this subdivision (1)(A). The applicant shall submit any fees so assessed to the Secretary prior to issuance of the final permit, notwithstanding the provisions of subsection (i) of this section. The base fee schedule and the supplementary fee schedule are applicable to all applications on which the Secretary makes a final decision on or after the date on which this section is operative.
(B) Annual registration. Any person required to register an air contaminant source under 10 V.S.A. § 555(c) shall annually pay the following:
(i) A base fee where the sum of a source’s emissions of sulfur dioxide, particulate matter, carbon monoxide, nitrogen oxides, and hydrocarbons is:
(I) ten tons or greater: $1,500.00;
(II) less than ten tons but greater than or equal to five tons: $1,000.00; and
(III) less than five tons: $500.00.
(ii) Where the sum of a source’s emissions of sulfur dioxide, particulate matter, carbon monoxide, nitrogen oxides, and hydrocarbons is greater than or equal to five tons: an annual registration fee that is $0.0335 per pound of such emissions except that a plant producing renewable energy as defined in 30 V.S.A. § 8002 shall pay an annual fee not exceeding $64,000.00.
(C) Anaerobic digesters. Notwithstanding the requirements of subdivisions (A) and (B) of this subdivision (j)(1), a person required to register an air contaminant source under 10 V.S.A. § 555(c) or subject to the requirements of 10 V.S.A. § 556 shall not be subject to supplementary fees assessed under subdivision (A)(ii) of this subdivision (j)(1) and shall pay an annual registration fee not exceeding $1,000.00 when the source of the emissions is the anaerobic digestion of agricultural products, agricultural by-products, agricultural waste, or food waste.
(2) For discharge permits issued under 10 V.S.A. chapter 47 and orders issued under 10 V.S.A. § 1272, an administrative processing fee of $240.00 shall be paid at the time of application for a discharge permit in addition to any application review fee and any annual operating fee, except for permit applications under subdivisions (A)(iii)(III) and (V) of this subdivision (j)(2):
(B) Annual operating fee.
(C) The Secretary shall bill all persons who hold discharge permits for the required annual operating fee. Annual operating fees may be divided into semiannual or quarterly billings.
(3) [Repealed.]
(4) For potable water supply and wastewater permits issued under 10 V.S.A. chapter 64. Projects under this subdivision include: a wastewater system, including a sewerage connection; and a potable water supply, including a connection to a public water supply:
(A) Original applications, or major amendments for a project with the following proposed design flows. In calculating the fee, the highest proposed design flow whether wastewater or water shall be used:
(i) design flows 560 gpd or less: $306.25 per application;
(ii) design flows greater than 560 and less than or equal to 2,000 gpd: $870.00 per application;
(iii) design flows greater than 2,000 and less than or equal to 6,500 gpd: $3,000.00 per application;
(iv) design flows greater than 6,500 and less than or equal to 10,000 gpd: $7,500.00 per application;
(v) design flows greater than 10,000 gpd: $13,500.00 per application.
(B) Minor amendments: $150.00.
(C) Minor projects: $270.00.
As used in this subdivision (j)(4)(C), “minor project” means a project that meets the following: there is an increase in design flow but no construction is required; there is no increase in design flow, but construction is required, excluding replacement potable water supplies and wastewater systems; or there is no increase in design flow and no construction is required, excluding applications that contain designs that require technical review.
(D) Notwithstanding the other provisions of this subdivision, when a project is located in a Vermont neighborhood, as designated under 24 V.S.A. chapter 76A, the fee shall be no more than $50.00 in situations in which the application has received an allocation for sewer capacity from an approved municipal system. This limitation shall not apply in the case of fees charged as part of a duly delegated municipal program.
(5) For well drillers licenses issued under 10 V.S.A. chapter 48:
$140.00 per year.
Fees shall be paid on an annual basis over the term of the license.
(6) For solid waste treatment, storage, transfer, or disposal facility certifications issued under 10 V.S.A. chapter 159:
(7) For public water supply and bottled water permits and approvals issued under 10 V.S.A. chapter 56 and interim groundwater withdrawal permits and approvals issued under 10 V.S.A. chapter 48:
(A) For public water supply construction permit and permit amendment applications:
(i) For public community and nontransient noncommunity water supplies: $900.00.
(ii) For transient noncommunity: $500.00.
(B) For water treatment plant applications, except those applications submitted by a municipality as defined in 1 V.S.A. § 126 or a consolidated water district established under 24 V.S.A. § 3342: $0.003 per gallon of design capacity. Amendments $150.00 per application.
(C) For source permit applications:
(D) For public water supplies and bottled water facilities, annually:
(E) Amendment to bottled water facility permit, $150.00 per application.
(F) For facilities permitted to withdraw groundwater pursuant to 10 V.S.A. § 1418: $2,300.00 annually per facility.
(G) In calculating flow-based fees under this subsection, the Secretary will use metered production flows where available. When metered production flows are not available, the Secretary shall estimate flows based on the standard design flows for new construction.
(H) The Secretary shall bill public water supplies and bottled water companies for the required fee. Annual fees may be divided into semiannual or quarterly billings.
(8) For public water system operator certifications issued under 10 V.S.A. § 1674:
(A) For class IA and IB operators: $45.00 per initial certificate or renewal.
(B) For all other classes: $80.00 per initial certificate or renewal.
(9)(A) For a solid waste hauler:
(i) $50.00 per vehicle for small vehicles with two axles, including pickup trucks, utility trailers, and stakebody trucks.
(ii) $75.00 per vehicle for vehicles with three or four axles, including packer trucks, dump trucks, and roll offs.
(iii) $100.00 per vehicle for tractors and any number axle trailers.
(B) For a hazardous waste hauler: an annual operating fee of $125.00 per vehicle.
(10) For management of lakes and ponds permits issued under 29 V.S.A. chapter 11:
(A) Nonstructural erosion control: $155.00 per application.
(B) Structural erosion control: $250.00 per application.
(C) All other encroachments: $300.00 per application plus one percent of construction costs, not to exceed $20,000.00 per application.
(11) For stream alteration and flood hazard area permits issued under 10 V.S.A. chapters 41 and 32:
(A) Stream alteration; individual permit: $350.00.
(B) Stream alteration; general permit; reporting category: $200.00.
(C) Stream alteration; individual permit; municipal bridge, culvert, and unimproved property protection: $350.00.
(D) Stream alteration; general permit; municipal bridge, culvert, and unimproved property protection: $200.00.
(E) Stream alteration; Agency of Transportation reviews; bridge, culvert, and high risk projects: $350.00.
(F) Flood hazard area; individual permit; State facilities; hydraulic and hydrologic modeling required: $350.00.
(G) Flood hazard area; individual permit; State facilities; hydraulic and hydrologic modeling not required: $200.00.
(H) Flood hazard area; municipal reviews; reviews requiring hydraulic and hydrologic modeling, compensatory storage volumetric analysis, or river corridor equilibrium: $350.00.
(I) Flood hazard area; municipal review; projects not requiring hydraulic or hydrologic modeling: $200.00.
(J) River corridor; major map amendments: $350.00.
(12)(A) For dam permits issued under 10 V.S.A. chapter 43: 1.00 percent of construction costs, minimum fee of $1,000.00.
(B) For all dams capable of impounding 500,000 or more cubic feet of water or other liquid, an annual fee:
(i) for dams classified as low risk: $200.00 per year.
(ii) for dams classified as significant risk: $350.00 per year.
(iii) for dams classified as high risk: $1,000.00 per year.
(iv) for dams that have not been classified by the Department: $0.00 per year.
(13) For aquatic nuisance control permits issued under 10 V.S.A. § 1455:
(A) Projects in private waters, as that term is defined in 10 V.S.A. § 5210:
(B) Projects in all other waters:
(14) [Repealed.]
(15) For sludge or septage facility certifications issued under 10 V.S.A. chapter 159:
(16) For underground storage tank permits issued under 10 V.S.A. chapter 59:
$125.00 per tank per year.
(17) For hazardous waste treatment, storage, or disposal facility certifications issued under 10 V.S.A. chapter 159:
(18) For recycle or reuse exemptions issued under 10 V.S.A. §§ 6602(9) and 6603(1):
(19) For delistings of hazardous waste issued under 10 V.S.A. §§ 6602(4) and 6603(1): $265.00 per application.
(20) For underground storage tank tester licenses issued under 10 V.S.A. § 1936:
(21) [Repealed.]
(22) For certificates of need issued under 10 V.S.A. § 6606a:
$7,500.00 per application.
(23) Notwithstanding all other subdivisions of this subsection, for administrative amendments of the listed permits, licenses, certifications, approvals, and exemptions, the Secretary may charge less than the listed fees, provided that the amount charged is no less than $35.00 and is sufficient to cover the costs with processing the administrative amendment.
(24) [Repealed.]
(25) For hazardous waste generator registrations required by 10 V.S.A. § 6608(f):
(26) For individual conditional use determinations, for individual wetland permits, for general conditional use determinations issued under 10 V.S.A. § 1272, or for wetland authorizations issued under a general permit, an administrative processing fee assessed under subdivision (2) of this subsection and an application fee of:
(A) $0.75 per square foot of proposed impact to Class I or II wetlands.
(B) $0.25 per square foot of proposed impact to Class I or II wetland buffers.
(C) Maximum fee, for the conversion of Class II wetlands or wetland buffers to cropland use or for installation of a pipeline in a wetland for the transport of manure for the purpose of farming, as that term is defined in 10 V.S.A. § 6001(22), when the pipeline will serve or implement a water quality or conservation practice, $200.00 per application. As used in this subdivision, “cropland” means land that is used for the production of agricultural crops, including row crops, fibrous plants, pasture, fruit-bearing bushes, trees, or vines, and the production of Christmas trees.
(D) $0.25 per square foot of proposed impact to Class I or II wetlands or Class I or II wetland buffer for utility line, pipeline, and ski trail projects when the proposed impact is limited to clearing forested wetlands in a corridor and maintaining a cleared condition in that corridor for the project life.
(E) $1.50 per square foot of impact to Class I or II wetlands when the permit is sought after the impact has taken place.
(F) $100.00 per revision to an application for an individual wetland permit or authorization under a general permit when the supplement is due to a change to the project that was not requested by the Secretary.
(G) Minimum fee, $50.00 per application.
(H) Maximum fee, for the construction of any water quality improvement project in any Class II wetland or buffer, $200.00 per application. As used in this subdivision, “water quality improvement project” means projects specifically designed and implemented to reduce pollutant loading in accordance with the requirements of a Total Maximum Daily Load Implementation Plan or Water Quality Remediation Plan, or pursuant to a plan for reducing pollutant loading to a waterbody. These projects include:
(i) the retrofit of impervious surfaces in existence as of January 1, 2019 for the purpose of addressing stormwater runoff;
(ii) the replacement of stream-crossing structures necessary to improve aquatic organism passage, stream flow, or flood capacity;
(iii) construction of the following conservation practices on farms, when constructed and maintained in accordance with Natural Resources Conservation Service Conservation Practice Standards for Vermont and the Agency of Agriculture, Food and Markets’ Required Agricultural Practices:
(I) construction of animal trails and walkways;
(II) construction of access roads;
(III) designation and construction of a heavy-use protection area;
(IV) construction of artificial wetlands; and
(V) the relocation of structures, when necessary, to allow for the management and treatment of agricultural waste, as defined in the Required Agricultural Practices Rule.
(I) Maximum fee for the construction of a permanent structure used for farming, $5,000.00, provided that the maximum fee for waste storage facility or bunker silo shall be $200.00 when constructed and maintained in accordance with Natural Resources Conservation Service Conservation Practice Standards for Vermont and the Agency of Agriculture, Food and Markets’ Required Agricultural Practices.
(27) For approvals of the operation of mineral prospecting equipment issued under 10 V.S.A. chapter 41:
(28) For approvals of the offset permits issued under 10 V.S.A. § 1264a:
(29) For salvage yards permitted under 24 V.S.A chapter 61, subchapter 10:
(30) For review of a project requiring water quality certification under Section 401 of the Clean Water Act: one percent of project costs; minimum fee $200.00; maximum fee $20,000.00. For an application seeking review of multiple projects under this subdivision, the fee shall apply to each project.
(31) For continuing review of plans required by 10 V.S.A. § 6673: $15,000.00.
(32) For projects taking place in a protected shoreland area that require:
(A) a registration under 10 V.S.A. § 1446: $100.00;
(B) a permit under 10 V.S.A. §§ 1443, 1444, and 1445: $125.00 plus $0.50 per square foot of impervious surface.
(33) $0.01 per gallon based on the rated capacity of the tank being pumped rounded to the nearest gallon.
(k) Any person required to pay a fee to register an air contaminant source under 10 V.S.A. § 555(c) and who emits five or more tons per year shall pay fees as follows:
(1) Where the emissions are resulting from the combustion of any of the following fuels in fuel burning or manufacturing process equipment:
(A)(i) Wood—$0.1915 per ton burned; or
(ii) Wood burned in electric utility units with advanced particulate matter and nitrogen oxide reduction technologies—$0.0607 per ton burned;
(B) No. 4, 5, 6 grade fuel oil and used oil—$0.0015 per gallon burned;
(C) No. 2 grade fuel oil—$0.0005 per gallon burned;
(D) Propane—$0.0003 per gallon burned;
(E) Natural gas—$2.745 per million cubic feet burned;
(F) Diesel generator—$0.0055 per gallon burned;
(G) Gas turbine using No. 2 grade fuel oil—$0.0022 per gallon burned.
(2) For the emission of any hazardous air contaminant not subject to subdivision (1) of this subsection:
(A) Contaminants that cause short-term irritant effects—$0.02 per pound of emissions;
(B) Contaminants that cause chronic systemic toxicity—$0.04 per pound of emissions;
(C) Contaminants known or suspected to cause cancer —$0.95 per pound of emissions.
(l) [Repealed.]
(m)(1) Except as provided in subdivision (3) of this subsection, in addition to any other requirement or fee required for registration, on and after January 1, 1994, a motor vehicle registered under 23 V.S.A. chapter 7 shall be assessed an annual emission fee of $2.00 at time of first registration and annually thereafter.
(2) The Department of Motor Vehicles shall collect the emission fee imposed in subdivision (1) of this subsection on an annual basis, consistent with the registration period. Notwithstanding 19 V.S.A. § 11, all funds collected shall be credited to the Fund established under section 2805 of this title.
(3) The fee imposed under subdivision (1) of this subsection shall not apply to any electrically powered vehicle, trailer, or government vehicle.
(4) The Department of Motor Vehicles shall not issue a registration for any vehicle for which the emission fee required under this subsection has not been paid.
(n) [Repealed.] (Added 1969, No. 246 (Adj. Sess.), § 4(b), (h), eff. June 1, 1970; amended 1971, No. 93, § 3, eff. April 22, 1971; 1971, No. 164 (Adj. Sess.), eff. March 21, 1972; 1975, No. 254 (Adj. Sess.), § 155; 1977, No. 78, § 1, eff. April 26, 1977; 1977, No. 106, § 2; 1979, No. 159 (Adj. Sess.), § 3; 1981, No. 222 (Adj. Sess.), § 2; 1983, No. 193 (Adj. Sess.), § 1, eff. April 27, 1984; 1985, No. 67, § 4; 1987, No. 76, §§ 1, 2, 18; 1987, No. 268 (Adj. Sess.), § 1, eff. June 21, 1988; 1989, No. 88, § 3; 1989, No. 98, § 4(a); 1989, No. 279 (Adj. Sess.), §§ 4, 8; 1991, No. 71, §§ 4, 4b; 1993, No. 48, §§ 1, 2, eff. June 1, 1993; 1993, No. 92, §§ 16, 17; 1993, No. 187 (Adj. Sess.), § 3, eff. Sept. 1, 1994; 1993, No. 221 (Adj. Sess.), § 4g; 1995, No. 48, § 1; 1995, No. 103 (Adj. Sess.), § 8; 1995, No. 141 (Adj. Sess.), § 9, eff. Apr. 30, 1996; 1997, No. 106 (Adj. Sess.), §§ 3, 4, eff. April 27, 1998; 1997, No. 155 (Adj. Sess.), § 32; 2001, No. 65, §§ 23, 24, 26; 2001, No. 133 (Adj. Sess.), § 2, eff. June 13, 2002; 2001, No. 143 (Adj. Sess.), §§ 52, 54, eff. June 21, 2002; 2003, No. 82 (Adj. Sess.), § 4; 2003, No. 140 (Adj. Sess.), § 5; 2003, No. 163 (Adj. Sess.), § 19; 2005, No. 15, § 1; 2005, No. 65, § 1; 2007, No. 76, §§ 30, 30a; 2007, No. 122 (Adj. Sess.), § 1; 2007, No. 153 (Adj. Sess.), § 3; 2007, No. 176 (Adj. Sess.), § 5, eff. May 28, 2008; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 43, § 37, eff. May 27, 2009; 2009, No. 46, § 10b; 2009, No. 134 (Adj. Sess.), § 30; 2011, No. 139 (Adj. Sess.), § 4, eff. May 14, 2012; 2011, No. 161 (Adj. Sess.), § 1; 2013, No. 58, § 2, eff. June 3, 2013; 2013, No. 59, § 10; 2013, No. 172 (Adj. Sess.), § 6; 2015, No. 57, § 21; 2015, No. 58, § E.225.4; 2015, No. 64, § 44; 2015, No. 97 (Adj. Sess.), § 6; 2015, No. 149 (Adj. Sess.), § 45; 2015, No. 156 (Adj. Sess.), § 14a, eff. Jan. 1, 2017; 2015, No. 159 (Adj. Sess.), § 56; 2017, No. 77, § 7, eff. Jan. 1, 2018; 2017, No. 168 (Adj. Sess.), § 14; 2017, No. 181 (Adj. Sess.), § 7, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 8, eff. May 30, 2018; 2017, No. 194 (Adj. Sess.), § 8a, eff. July 1, 2019; 2019, No. 64, § 22, eff. June 17, 2019; 2021, No. 170 (Adj. Sess.), § 17, eff. July 1, 2022.)