Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 030 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter 003 - CHAPTER 21 - WATER SUPPLY RULE › Section 12 030 003 - CHAPTER 21 - WATER SUPPLY RULE

Current through June, 2024
Introduction.
Applicability of This Rule
This rule, known as the Water Supply Rule, applies to all
				  Public water systems in Vermont, which include Public water systems, and
				  bottled water systems. Only portions of this rule apply to each type of water
				  system. The section below, entitled "Types of Water Systems," helps the reader
				  to identify his or her type of water system. There may also be other
				  jurisdictions with regulations affecting water systems. This rule is not
				  intended to, and does not affect, modify or repeal existing orders of the Board
				  of Health.
Purpose of This Rule
This rule is intended to serve a number of purposes. First,
				  and most important, the rule's primary purpose is to regulate water systems in
				  the state so that they provide clean and safe drinking water to Vermont's
				  citizens. The rule also establishes well construction standards (contained in
				  Part 12 of Appendix A).
Second, by implementing this rule, Vermont qualifies to
				  retain "primacy" for the Safe Drinking Water Act from the federal US
				  Environmental Protection Agency (EPA). Primacy means that the state will
				  administer the federal regulations that apply to all public water systems in
				  the country, instead of EPA. Without state regulations that are at least as
				  strict as the federal ones, Vermont may not administer the federal
				  regulations.
Having primacy represents an advantage to Vermont's water
				  systems. The federal regulations contain some optional provisions that create
				  exceptions to the regulations when mitigating factors make it difficult or
				  impossible to follow the regulation. Also, there are situations where
				  interpretations of the federal regulations can be made by states with primacy
				  that provide some benefit to the public water systems. EPA has stated that, in
				  the event that they have to administer their own rules in a state without
				  primacy, they will not have the resources to provide most of these permitted
				  exceptions to the regulations.
Types of Water Systems
This rule varies in its applicability to the different types
				  of water systems. Due to the comprehensive nature of this rule, and for the
				  convenience of the reader, the water systems have been categorized into groups,
				  and the introduction at the beginning of each subchapter in the rule explains
				  which sections apply to which water systems. Also, when these categories of
				  water systems are referred to in this rule, they are displayed in bold type.
				  The following figure displays the different categories in graphical format,
				  although the reader is cautioned that there are formal definitions for each
				  type of water system contained in the Rule.
Click to
				  view image
Public and Non-Public
All water systems are initially classified as either Public
				  water systems or Non-Public water systems. Classification as a Public water
				  system depends on the number of service connections (15 or more) or people
				  served (25 or more) by the system, as is explained in the definition for Public
				  water systems in Subchapter 21-2.
Community and Non-Community
Public water systems are further subdivided into Public
				  Community water systems and Public NonCommunity water systems. Generally,
				  Public Community water systems are those which serve residents on a year-round
				  basis, while Public Non-Community water systems serve nonresidential groups of
				  people (e.g., restaurants, schools).
Non-Transient and Transient
Public Non-Community water systems are further subdivided
				  into those systems who serve non-residential users who don't change over time
				  (Public Non-Transient Non-Community water system), such as schools and offices,
				  and those non-residential users who do change over time (Public Transient
				  Non-Community water system), such as restaurants and motels.
Bottled water systems are considered to be a special case of
				  Public water systems, and are regulated specifically under Subchapter 21-11.
				  They are not included in the categories addressed here.
In summary, then, there are four categories of water systems
				  referred to throughout this rule and grouped for convenience:
(a) Public Community water systems;
(b) Public Non-Transient Non-Community (NTNC)
				water systems;
(c) Public Transient
				Non-Community (TNC) water systems; and
(d) Bottled water systems.
The formal definitions for (a) through (d) above (i.e., the
				  Public water systems) are contained in Subchapter 2, Definitions. Public water
				  systems are also subject to regulation under the federal Safe Drinking Water
				  Act. By enacting this rule, the federal regulations will be administered by the
				  Department of Environmental Conservation when it has "primacy," or primary
				  administrative and enforcement authority.
The design and construction standards for Public
				  Non-community water systems are contained in Appendix A, Part 11. Continued
				  operating requirements, including operating permits, fees, and other
				  requirements, are administered by the Drinking Water and Groundwater Protection
				  Division of the Department of Environmental Conservation.
Organization of the Rule
The complete Water Supply Rule consists of the sixteen
				  subchapters and four appendices. The chapters are divided into Sections (e.g.,
				  2.12) and Subsections (e.g., 2.18(a)(1)). Each subchapter contains a brief
				  introduction which identifies which type(s) of water systems are regulated by
				  that subchapter. These subchapters contain regulatory requirements that water
				  systems must follow.
Appendix A of the rule contains the Vermont Standards for
				  Water System Design, Construction, and Protection. These are technical
				  standards that apply to persons designing, constructing, and operating water
				  systems. This appendix contains twelve Parts, and the introduction at the
				  beginning of the appendix identifies which parts of the appendix apply to which
				  water systems. The numbering in Appendix A is divided into Parts (e.g., 5) and
				  Subparts (e.g., 5.1.2(a)).
Parts 1 through 9 of Appendix A apply to Public Community
				  water systems and Bottled water systems with sources in Vermont. Part 11
				  contains the technical standards for Public Non-community water systems which
				  are considerably simplified from those for Public Community systems. Finally,
				  Part 12 contains standards for water sources for which permits are required
				  from the Drinking Water and Groundwater Protection Division.
Appendix B
contains the requirements for the
				  Long Range Plan, a document required under the. rules, whose purpose is to
				  assist water systems in proper planning for the continued viability of their
				  systems.
Appendix C
is a table of the sampling
				  frequencies required for bacteriological monitoring.
Appendix D
contains the standards for Operation
				  & Maintenance (O&M) Manuals, which are also required under this
				  rule.
Subchapter 21-1 AUTHORITY AND
				PURPOSE
Introduction
This subchapter applies to all water systems.
1.1 Authority.
This rule is adopted under the authority of 10 V.S.A. Chapter
				  48, Groundwater Protection; 10 V.S.A. Chapter 56, Public Water Supply; and 18
				  V.S.A. § 1218. Related statutes include: 3 V.S.A. § 2822 (j),
				  regarding fees; 18 V.S.A. § 501b, regarding certification of laboratories;
				  18 V.S.A. § 503, regarding use of laboratory by people; and 24 V.S.A.
				  Chapter 120, regarding funding of public water supply planning and
				  construction.
This rule refers to and adopts the authority of the Federal
				  Safe Drinking Water Act: 42
				  U.S.C. 300 f. et. seq. and except as
				  explicitly provided herein, the rule adopts and incorporates by reference the
				  National Primary Drinking Water Regulations, 40 CFR 141 (July 1, 2009), the
				  National Primary Drinking Water Regulations Implementation, 40 CFR 142 (July 1,
				  2009),and the National Secondary Drinking Water Regulations, 40 CFR 143 (July
				  1, 2009), under an agreement with the US Environmental Protection Agency, by
				  which the State of Vermont has primary enforcement authority (primacy) in
				  Vermont for the Safe Drinking Water Act.
Where necessary to protect the public health, but subject to
				  appeal, the Secretary may require additional drinking water permit conditions
				  under this rule.
1.2
				Purpose.
The purpose of this rule is to protect the public health by
				  assuring safe, affordable drinking water from Public Water systems, and to
				  implement and enforce the provisions of the Federal Safe Drinking Water Act and
				  Vermont statutes.
The granting of a permit under this rule does not relieve the
				  water supplier of the responsibility for the satisfactory functioning of the
				  water system, nor limit his/her responsibility or liability under other
				  statutes or rules.