reglab/statecodes huggingface dataset:
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 030 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter 024 - CHAPTER 29 - FLOOD HAZARD AREA AND RIVER CORRIDOR RULE › Section 12 030 024 - CHAPTER 29 - FLOOD HAZARD AREA AND RIVER CORRIDOR RULE

Current through June,
				2024
SUBCHAPTER 1
				PURPOSE; POLICY; AUTHORITY; ENFORCEMENT
101
				Purpose
The purpose of this Rule is to:
(a) Clarify how the state of Vermont will
				regulate development exempt from municipal regulation in flood hazard areas and
				river corridors to ensure compliance with National Flood Insurance Program
				(NFIP) criteria and enhance flood resilience.
(b) Avoid and minimize the loss of life and
				property, the disruption of commerce, the impairment of the tax base, and the
				extraordinary public expenditures and demands on public services that result
				from flooding.
(c) Ensure that the
				selection, design, creation, and use of development exempt from municipal
				regulation and located in flood hazard areas and river corridors is safe and
				accomplished in a manner that is consistent with the public health, safety, and
				welfare, and does not impair stream equilibrium, floodplain services, or the
				river corridor.
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 030 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter 026 - VERMONT WETLANDS RULES › Section 12 030 026 - VERMONT WETLANDS RULES

Current through June, 2024
Section 1 General.
1.1 Purpose and Applicability
It is the policy of the State of Vermont to identify and
				  protect significant wetlands and the values and functions which they serve in
				  such a manner that the goal of no net loss of such wetlands and their functions
				  is achieved.
These rules are adopted under the authority of the Secretary
				  of Natural Resources (Secretary) pursuant to
				  10 V.S.A.
				  §
												905b(18). This
				  statute limits the applicability of these rules to those wetlands which are so
				  significant that they merit protection in this program. Wetlands that are not
				  significant should be assumed to have public value, and therefore may merit
				  protection under other statutory or regulatory authority.
Except as provided for below, these rules shall apply to all
				  other land uses occurring within a significant wetland or its associated buffer
				  zone that are commenced after February 23, 1990. These rules shall not apply to
				  any land use for which:
(1) a complete
				application for all local, state and federal permits related to either the
				regulation of land use or the protection of wetlands had been submitted as of
				February 23, 1990, and where the applicant does not subsequently file an
				application for a permit amendment in a way that would have an undue, adverse
				impact on a protected function of a significant wetland, and substantial
				construction of the project commences within two years of the date on which all
				such local, state and federal permits become final;
(2) all local, state and federal permits
				related to either the regulation of land use or the protection of wetlands had
				been obtained as of February 23,1990 and where substantial construction of the
				project commenced by February 23, 1992; or
(3) no local, state or federal permits
				related to either the regulation of land use or the protection of wetlands are
				required and where substantial construction was commenced prior to February 23,
				1990.
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 030 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter 027 - USE OF PUBLIC WATERS › Section 12 030 027 - USE OF PUBLIC WATERS

Current through June, 2024
SECTION 1 APPLICABILITY AND PURPOSE
Rule 1.1 General.
(a) The Use of Public Waters Rules (Rules)
				govern the aquatic resources management of the public waters of Vermont by the
				Agency of Natural Resources under
				10 V.S.A.
				§
												1424. The Rules establish a number of
				general management rules to protect normal uses on all lakes, ponds, and
				reservoirs.
(b) Appendices attached
				to these Rules are rules of the Agency adopted pursuant to the authority of
				10 V.S.A.
				§
												1424.
(c) The Rules also provide guidance for the
				review of petitions filed pursuant to
				10 V.S.A.
				§
												1424 seeking the adoption of rules
				regulating the use of particular public waters. The Rules attempt to avoid,
				where possible, and resolve, when necessary, conflicts in the use of public
				waters in a comprehensive and integrated manner so that the various uses may be
				enjoyed in a reasonable manner, considering the best interests of both current
				and future generations of the citizens of the State and ensuring that natural
				resource values of the public waters are fully protected.
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 030 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter 028 - RULES DETERMINING MEAN WATER LEVELS › Section 12 030 028 - RULES DETERMINING MEAN WATER LEVELS

Current through June,
				2024
"Mean water level" for purposes of
				  29 V.S.A. §
										401 and "normal mean water level" for
				  purposes of
				  10 V.S.A. §
										1422(8) shall be referenced
				  to National Geodetic Vertical Datum of 1929 (NGVD 29), and shall be determined
				  according to the following rules:
Rule
				No.1
For Lake Champlain, the mean water level shall be 95.5 feet
				  NGVD 29.
Rule No.2
For those lakes and ponds that have an artificial structure
				  which controls the flow of water at the outlet, the mean water level shall be
				  the elevation of the spillway plus the mean depth of flowage over the spillway
				  as measured during the period June 1 to September 15 or, if water does not
				  consistently flow over the spillway, the mean water level that has customarily
				  maintained during said period.
Rule
				No.3
For those lakes and ponds that have natural outlets,
				  exclusive of Lake Champlain, the mean water level shall be the elevation of the
				  low point in the natural control section plus the mean depth of flowage over it
				  as measured during the period June 1 to September 15.
Rule No.4
Rules 2 and 3 above do not apply to lakes and ponds for
				  which the former Water Resources Board or Water Resources Panel has promulgated
				  rules or may in the future promulgate rules pursuant to
				  10 V.S.A. §
											6025(d)(1). For such lakes
				  and ponds the mean water level shall be the highest of any such levels
				  established by the Board or Panel to be maintained during the period June 1 to
				  September 15.
Rule No.5
The Department of Environmental Conservation shall collect
				  water level data on lakes and ponds and shall determine mean water levels
				  pursuant to these rules, based on that data, hydrologic or hydraulic analyses,
				  watermarks, or similar data or methods.
Statutory Authority:
					 10 V.S.A. §
												6025;
					 29 V.S.A. §
												401
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 030 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter 030 - BOAT MOORING REGULATIONS › Section 12 030 030 - BOAT MOORING REGULATIONS

Current through June, 2024
Rule No.1 Definitions
For the purpose of these regulations the terms defined in
				  this section have the following meanings ascribed to them:
a. "Anchoring" shall mean to secure a boat
				within a Mooring Management Zone by use of an anchor for a period not exceeding
				72 hours. Boats anchored within a Mooring Management Zone for a period
				exceeding 72 hours shall be considered to be moored.
b. "Board" shall mean the Vermont Water
				Resources Board.
c. "Boat" means
				every description of watercraft used or capable of being used as a means of
				transportation on water including but not limited to amphibian or pontoon
				aircraft.
d. "Colonial Method"
				shall mean drawing a base line between the two corners of any shoreline
				property where they meet the shore as defined by the ordinary highwater level.
				From these two corners extend parallel lines at a 90 degree angle from the base
				line. Where the extension of such lines by contiguous property owners encompass
				the same area, it shall be divided by a line bisecting the area of such
				overlap. On Lake Champlain, the ordinary highwater level shall be 98.0 feet
				above mean sea level.
e. "Marina"
				shall mean any facility or property used for the purpose of providing access to
				public waters including parking facilities or other services for five or more
				moorings, whether or not a full range of services and facilities is provided
				for value which may consist of a fee, contribution, donation, barter or other
				consideration.
f. "Moor" and
				"Mooring" shall mean to secure a boat other than by anchoring as defined above
				to any floating object, structure or other device located beyond the shoreline
				of any navigable body of water. For purposes of these regulations, where two or
				more boats are secured to the same floating object, structure or other device,
				each boat shall be considered a separate mooring.
g. "Mooring Management Zone" shall mean
				clearly delineated areas of Lake Champlain and its tributaries within which the
				Water Resources Board has determined that the placement of moorings requires
				regulation in the public interest.
h. "Person" shall mean an individual,
				partnership, corporation, association, unincorporated organization, trust or
				other legal or commercial entity, including a joint venture or affiliated
				ownership. The word "Person" also means a municipality or state
				agency.
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 030 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter 031 - CLASSIFICATION OF AIRPORT AND A PORTION OF POND BROOK, WINOOSKI RIVER BASIN › Section 12 030 031 - CLASSIFICATION OF AIRPORT AND A PORTION OF POND BROOK, WINOOSKI RIVER BASIN

Current through
				June, 2024
Action 1. That the waters of Airport Brook and that portion
				  of Pond Brook below the Berlin Pond Dam, including all of the Lower Reservoir,
				  in the Town of Berlin, shall be reclassified from Class A to Class
				  B.
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 030 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter 032 - LITTLE (WATERBURY) RIVER RECLASSIFICATION › Section 12 030 032 - LITTLE (WATERBURY) RIVER RECLASSIFICATION

Current through June,
				2024
Having considered all oral and written submissions regarding
				  the initially proposed rules, filed on or before July 19, 1983, the Board has
				  decided that the "public interest" is best served by the following final
				  proposed rules:
(1) That the Little
				River from the Route 108 bridge to the existing Stowe municipal wastewater
				treatment facility, a distance of approximately 0.4 miles, shall be Class B
				waters.
(2) That the Little River
				from the existing Stowe municipal wastewater treatment facility to the
				confluence of Gold Brook, a distance of approximately 1.4 miles, shall be Class
				C waters.
(3) That the Little River
				from the confluence of Gold Brook to the conservation pool of the Waterbury
				Reservoir, a distance of approximately 3.5 miles, shall be Class B
				waters.
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 030 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter 033 - RULES REGULATING THE ANCHORING AND MOORING OF VESSELS ADJACENT TO THE BURTON ISLAND STATE PARK (UPW-44) › Section 12 030 033 - RULES REGULATING THE ANCHORING AND MOORING OF VESSELS ADJACENT TO THE BURTON ISLAND STATE PARK (UPW-44)

Current through June,
				2024
The anchoring or mooring of vessels within that portion of
				  Lake Champlain adjacent to the Burton Island State Park marina which is
				  generally described as being southerly of a line extending from a point on the
				  shoreline of Burton Island approximately 600 feet north, northwest of the
				  breakwater to the "red nun" marking the small-boat channel between Burton
				  Island and the Kamp Kill Kare State Park is prohibited except at the twenty-one
				  (21) sites identified on the attached map.
Click here
				  to view image
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 030 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter 034 - SHELBURNE BAY MOORING MANAGEMENT ZONE (UPW-28) › Section 12 030 034 - SHELBURNE BAY MOORING MANAGEMENT ZONE (UPW-28)

Current through June,
				2024
Rule No.1
All waters of Shelburne Bay located southerly and westerly
				  of a line extending from the present location of the navigational buoy
				  designated as RN 4 (latitude 440 26.2' N., longitude 730 14.7' W.) to a point
				  on the easterly shore of Shelburne Bay, which point marks the boundary between
				  the City of South Burlington and the Town of Shelburne (latitude 440 24.0' N.,
				  longitude 730 13.1' W) are hereby designated as a Mooring Management Zone. The
				  Mooring Management Zone shall include that portion of the LaPlatte River
				  extending from Shelburne Bay southerly to the Bay Road (Shelburne Town Highway
				  # 1) overpass (latitude 430 23.9' N., longitude 730, 14.1' W).
Rule No.2
Within the Mooring Management Zone, moorings shall be
				  prohibited within a triangularly - shaped area beginning at the Bay Road
				  overpass (latitude 430 23.9' N., longitude 730 14.1' W.); thence northerly
				  along the westerly shoreline to the easterly most point of the Shelburne Bay
				  Boat Access Area (latitude 440 24.1' N., longitude 730 14.1' W.,); thence
				  northerly to a point at Allen Hill (latitude 440 24.6' N., longitude 730 14.3'
				  W); thence northerly to a point on the shoreline (latitude 440 25.9' N.,
				  longitude 730 14.8' W); thence north to a point in the bay (latitude 440 26.1'
				  N, longitude 730 14.8' W.); thence northwesterly to a point on the shoreline
				  (latitude 440 26.15' N., longitude 730 14.85' W.); thence northeasterly to the
				  present location of the navigational buoy designated as RN 4 (latitude 440
				  26.2' N., longitude 730 14.7' W.); thence southeasterly to the point on the
				  easterly shore which marks the boundary between the City of South Burlington
				  and the Town of Shelburne (latitude 440 25.3' N., longitude 730 13.1' W);
				  thence southwesterly to a point on the northwesterly most landfall on eastern
				  shore at the mouth of the LaPlatte River (latitude 440 24.0' N., longitude 730
				  14.0' W.); thence southwesterly along the shoreline to the Bay Road (Shelburne
				  Town Highway # 1) overpass, the point of beginning; all as generally depicted
				  on Attachment A dated December 1982.
Rule No.3
Within the Mooring Management Zone, the placement of
				  moorings shall be regulated on behalf of the Vermont Water Resources Board by
				  the Town of Shelburne in those waters lying to the west of the line from a
				  point at Allen Hill (latitude 440 24.6' N., longitude 730 14.3' W.) to the
				  easterly most point of the Shelburne Bay Boat Access Area (latitude 440 24.1'
				  N., longitude 730 14.1' W.). All moorings shall be placed so that no moored
				  vessels will extend beyond the limit of this area.
Click here
				  to view image
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 030 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter 038 - CHAPTER 39 - CLEAN WATER SERVICE PROVIDER RULE › Section 12 030 038 - CHAPTER 39 - CLEAN WATER SERVICE PROVIDER RULE

Current through June, 2024
SUBCHAPTER 1. GENERAL PROVISIONS
Section 39-101. Purpose.
The purpose of this Rule is to assign a clean water service
				  provider (CWSP) to each basin described in
				  10
				  V.S.A. §
												922(a) (water
				  listed as impaired pursuant
				  33 U.S.C. §
												1313(d) and not subject to
				  the stated exception) for the purpose of achieving pollutant reduction values
				  established by the Secretary. In collaboration with the Basin Water Quality
				  Council (BWQC), consistent with the BWQC's policies and clean water project
				  prioritization, and with technical and financial support from the Agency, the
				  CWSP bears responsibility for overseeing clean water project identification,
				  prioritization, development, design, construction, verification, inspection,
				  and operation and maintenance to be administered in accordance with this Rule.
				  This Rule establishes requirements for the implementation of 10 V.S.A., Chapter
				  37, Subchapter 5, related to the operational, financial, managerial, and
				  technical aspects of CWSP services, as well as the governance structure for
				  BWQCs. The Rule also establishes requirements related to conflicts of interest,
				  oversight and evaluation of CWSP service, and renewal or removal of a CWSP
				  assignment.
Section 39-102.
				Authority.
This Rule is adopted by the Secretary of the Agency of
				  Natural Resources pursuant to the authority granted by
				  10
				  V.S.A. §§
												924 and
				  930.
Section 39-103. Severability.
The provisions of this Rule shall be severable. If any
				  provision of this Rule or any application of this Rule to any person or
				  circumstance is deemed to be invalid by a court of competent jurisdiction, the
				  invalidity shall not affect other provisions or applications that can be given
				  effect without the invalid provision or application.
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 031 - AIR POLLUTION CONTROL DIVISION › Chapter 003 - CHAPTER 38: RULES REGARDING PHASE-DOWN OF THE USE OF HYDROFLUOROCARBONS › Section 12 031 003 - CHAPTER 38: RULES REGARDING PHASE-DOWN OF THE USE OF HYDROFLUOROCARBONS

Current through June,
				2024
SUBCHAPTER 1
				GENERAL PROVISIONS
101 Authority
These Rules are adopted by the Secretary of the Agency of
				  Natural Resources pursuant to the authority granted by Act 65 §
											2(a)
				  (2019).
102 Purpose
The purpose of this Rule is to achieve greenhouse gas
				  emissions reductions through the phase out of high global warming potential
				  hydrofluorocarbons (HFCs) in air conditioning and refrigeration equipment,
				  aerosol propellants, and foam end-uses.
103 Applicability
This Rule applies to any person who offers a product or
				  equipment for sale, lease, or rent, or who installs or otherwise causes any
				  equipment or product to enter into commerce in Vermont if that equipment or
				  product consists of, uses, or will use a prohibited substitute in an end use
				  listed in Section 37-301 of this Rule, unless an end use is subject to an
				  exemption or special use condition listed in Section 37-302 of this
				  Rule.
104 Severability
The provisions of these Rules shall be severable. If any
				  provision of these Rules or any application of these Rules to any person or
				  circumstance is deemed to be invalid by a court of competent jurisdiction, the
				  invalidity shall not affect other provisions or applications that can be given
				  effect without the invalid provision or application.
105 Enforcement
Each sale, lease, rental, installation or cause of any
				  equipment or product to enter into commerce in Vermont in violation of any of
				  the requirements of this Rule shall constitute a separate
				  violation.
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 032 - WASTE MANAGEMENT DIVISION › Chapter 002 - UNDERGROUND INJECTION CONTROL › Section 12 032 002 - UNDERGROUND INJECTION CONTROL

Current through June,
				2024
SUBCHAPTER 1 SCOPE
				OF RULES; GENERAL PROVISIONS
101 Scope
(a) These Rules apply to discharges to
				injection wells.
(b) These Rules
				are not intended to affect other existing regulations including, but not
				limited to, the Vermont Groundwater Protection Rule and Strategy and rules
				adopted by the Vermont Department of Health.
(c) These Rules do not limit the powers of
				federal, state or local authorities to control existing or potential threats to
				human health or the environment.
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 032 - WASTE MANAGEMENT DIVISION › Chapter 003 - SUBCHAPTER 8 - UNDERGROUND STORAGE TANK INCENTIVE PROGRAM › Section 12 032 003 - SUBCHAPTER 8 - UNDERGROUND STORAGE TANK INCENTIVE PROGRAM

Current through June,
				2024
Section 801 Purpose
Pursuant to the authority granted to the Secretary by 10
				  V.S.A. Chapter 59 subchapter 2, and in accordance with Section 7 of No. 85 of
				  the Acts of 1987, the purpose of this regulation is to provide financial
				  assistance to owners in replacing under-ground storage tanks in accordance with
				  all of the definitions, terms and provisions of Chapter 59, subchapter 1, known
				  as the Underground Storage Tank Regulation.
Section 802 Applicability
(1) The owner of any retail gasoline outlet
				that sells less than an average of 20,000 gallons of gasoline per month
				(240,000 gallons per year) or a municipality with a population of less than
				2,500 people, may apply to the Secretary for such assistance. Owners of
				eligible retail gasoline outlets may apply even if they do not own the
				underground storage tanks to be replaced.
(2) Projects begun after July 1, 1987 and
				before the effective date of this regulation may be eligible for assistance
				under this subchapter provided the Secretary is furnished with proof necessary
				to ensure that the project is completed in accordance with all of the
				requirements of this regulation as adopted.
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 032 - WASTE MANAGEMENT DIVISION › Chapter 008 - CHAPTER 35 - INVESTIGATION AND REMEDIATION OF CONTAMINATED PROPERTIES RULE › Section 12 032 008 - CHAPTER 35 - INVESTIGATION AND REMEDIATION OF CONTAMINATED PROPERTIES RULE

Current
				through July 03, 2024
SUBCHAPTER
				1 GENERAL PROVISIONS
§
				35-101. Authority and Purpose.
(a) Authority. This rule is adopted by the
				Secretary of the Agency of Natural Resources pursuant to the authority granted
				by 10 V.S.A. chapters 47, 59, and 159.
(b) Purpose. This rule is intended to protect
				public health and the environment by establishing procedures and requirements
				for conducting investigations and corrective actions at properties where a
				release of hazardous materials has occurred. This includes procedures for
				identifying hazardous material contamination to environmental media as well as
				requirements for source treatment, removal, or containment, long term
				monitoring, institutional controls, and site closure.
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 033 - WASTEWATER MANAGEMENT DIVISION › Chapter 001 - WASTEWATER SYSTEM AND POTABLE WATER SUPPLY › Section 12 033 001 - WASTEWATER SYSTEM AND POTABLE WATER SUPPLY

Current through June,
				2024
SUBCHAPTER 1
				PURPOSE AND AUTHORITY
§ 1-101 Purpose.
The purpose of these Rules is to:
(1) establish a comprehensive program to
				regulate the design, construction, replacement, modification, operation, and
				maintenance of potable water supplies and wastewater systems in order to
				protect human health and the environment including protecting potable water
				supplies, public water systems, surface water, and groundwater;
(2) prevent the creation of health hazards or
				unsanitary conditions;
(3) ensure
				adequate effluent dispersal and drainage for the proper functioning of
				wastewater systems;
(4) ensure that
				potable water supplies and wastewater systems are designed, constructed,
				operated, and maintained in a manner that supports the intended use of the
				supplies and systems with respect to reliability, incremental costs, and
				sustainability;
(5) ensure that
				owners of potable water supplies and wastewater systems permitted under these
				Rules have knowledge of their systems' design, the operation and maintenance
				requirements, and their responsibilities for the satisfactory functioning of
				the supplies and systems;
(6) allow
				the use of alternative, innovative, and experimental technologies for the
				treatment and disposal of wastewater in the appropriate
				circumstances;
(7) protect the
				investment of homeowners through a flexible remediation process for failed
				potable water supplies and wastewater systems; and
(8) increase reliance on and the
				accountability of the private sector for the design and installation of potable
				water supplies and wastewater systems through licensing and
				enforcement.
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 033 - WASTEWATER MANAGEMENT DIVISION › Chapter 003 - INDIRECT DISCHARGE RULES › Section 12 033 003 - INDIRECT DISCHARGE RULES

Current through June, 2024
SUBCHAPTER 1 Scope, Authority, and Purpose
14-101 Scope
(a) These rules apply to all indirect
				discharges of wastes,
-- except for on site sewage or non-sewage disposal systems
				  with less than 6,500 gpd capacity that are covered by the Wastewater System and
				  Potable Water Supply Rules, or
-- are exempt from those rules, or
-- are existing indirect discharges of non-sewage
				  waste.
(b) New indirect
				discharges require a permit under these rules prior to the commencement of
				construction of the system or any facility that would be served by the system.
				Indirect discharges from sewage disposal systems that have a design capacity of
				6,500 gallons per day or more and that were in existence as of May 17, 1986
				were required to obtain a discharge permit under these rules by July 1,
				1991.
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 033 - WASTEWATER MANAGEMENT DIVISION › Chapter 004 - CHAPTER 5, SUBCHAPTER 10 - WASTE TREATMENT AND DISPOSAL - STABILIZATION PONDS › Section 12 033 004 - CHAPTER 5, SUBCHAPTER 10 - WASTE TREATMENT AND DISPOSAL - STABILIZATION PONDS

Current
				through June, 2024
Incorporated by Reference Only - (In most towns, this rule
				  has been susperseded by Rule # 12 033 001; check individual town ordinances)
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 033 - WASTEWATER MANAGEMENT DIVISION › Chapter 005 - CHAPTER 5, SUBCHAPTER 10 - WASTE TREATMENT AND DISPOSAL - SEWAGE SLUDGE, EFFLUENT OR WASTE › Section 12 033 005 - CHAPTER 5, SUBCHAPTER 10 - WASTE TREATMENT AND DISPOSAL - SEWAGE SLUDGE, EFFLUENT OR WASTE

Current through June, 2024
Incorporated by Reference Only - (In most towns, this rule
				  has been superseded by Rule # 12 033 001; check individial town ordinances)
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 033 - WASTEWATER MANAGEMENT DIVISION › Chapter 006 - CHAPTER 5, SUBCHAPTER 10 - WASTE TREATMENT AND DISPOSAL - INDIVIDUAL ON-SITE SYSTEMS › Section 12 033 006 - CHAPTER 5, SUBCHAPTER 10 - WASTE TREATMENT AND DISPOSAL - INDIVIDUAL ON-SITE SYSTEMS

Current through June, 2024
Incorporated by Reference Only - (In most towns, this rule
				  has been superseded by Rule # 12 033 001; check individial town ordinances)
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 036 - SOLID WASTE MANAGEMENT DIVISION › Chapter 001 - CHAPTER 10 - DEPOSIT FOR BEVERAGE CONTAINERS › Section 12 036 001 - CHAPTER 10 - DEPOSIT FOR BEVERAGE CONTAINERS

Current through June,
				2024
Section 101
				Authority and Applicability
(a) These rules
				are adopted under the Secretary's authority pursuant to 3 V.S.A. Chapter 25 and
				10 V.S.A. Chapter 53.
(b) These
				rules apply to:
(1) A person manufacturing or
				distributing a container;
(2) A
				person selling a container at the retail level or operating a business for the
				purpose of redeeming a container; and
(3) A person returning a beverage container
				to collect the deposit on a container.
(c) These rules do not apply to beer or other
				malt beverages contained in kegs, half-kegs, quarter-kegs, or pony-kegs
				provided that a deposit on the keg is charged to the consumer for the use of
				the keg and refunded to the consumer upon return of the keg to the
				retailer.
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 036 - SOLID WASTE MANAGEMENT DIVISION › Chapter 002 - VERMONT MATERIALS MANAGEMENT PLAN (INCORPORATED BY REFERENCE ONLY) › Section 12 036 002 - VERMONT MATERIALS MANAGEMENT PLAN (INCORPORATED BY REFERENCE ONLY)

Current through
				June, 2024
Incorporated by reference only.
For a copy, contact:
Vermont Department of Environmental Conservation
Waste Management Division
Solid Waste Program
103 South Maine Street
Waterbury, VT 05671-0404
Phone: (802) 241-3888
http://www.anr.state.vt.us/dec/wastediv/solid/home.htm
STATUTORY AUTHORITY:
10 V.S.A. Ch. 159, §
					 6604
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 037 - WATER QUALITY DIVISION › Chapter 002 - OTTER CREEK WASTELOAD ALLOCATION › Section 12 037 002 - OTTER CREEK WASTELOAD ALLOCATION

Current through June,
				2024
This rule establishes the permissible wasteloads that may be
				  discharged to the Otter Creek between Moon Brook in Rutland and the Sutherland
				  Falls Dam in Proctor. The wasteload allocation defined herein was developed in
				  conformance with the Agency of Environmental Conservation's Wasteload
				  Allocation Process. The Wasteload Allocation Process (adopted December, 1978
				  per the requirements of 3 V.S.A., Chapter 25) sets forth the procedural steps
				  that must be followed in adopting a wasteload allocation.
The allocation, defined in terms of a maximum daily load of
				  ultimate oxygen demanding wastes, is as follows:
Allocation
Municipality
(lbs UOD/Day)
Rutland City
1073
Rutland Town
136
West Rutland
177
Mendon
41
Sherburne
22
The adopted wasteload allocation will be implemented through
				  the National Pollution Discharge Elimination System permit administered by the
				  Vermont Agency of Environmental Conservation (10 V.S.A., Chapter 47).
The allocation will be effective annually for the period June
				  15-September 15.
Statutory Authority: 10 V.S.A. C.
					 47
Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 037 - WATER QUALITY DIVISION › Chapter 004 - WELL DRILLER LICENSING RULE › Section 12 037 004 - WELL DRILLER LICENSING RULE

Current through June, 2024
The purpose of this rule is to protect public health and the
				  environment by providing for the licensing of water and monitoring well
				  drillers, the recording and reporting of each well drilled, and the closure of
				  abandoned wells The Water Well Advisory Committee is established as a forum for
				  the well driller industry and other interested parties to advise and assist
				  agency staff on well drilling and groundwater issues.
SUBCHAPTER ONE PURPOSE AND AUTHORITY
102 Authority
This rule is adopted under the authority of 10 Vermont
				  Statutes Annotated (V.S.A.) § 1390-1410.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 000 - GENERAL › Chapter 001 - HEARING PROCEDURE FOR STATE TAX OFFSET APPEALS › Section 13 000 001 - HEARING PROCEDURE FOR STATE TAX OFFSET APPEALS

Current through June, 2024
32 VSA Chapter 151, Subchapter 12 permits the Agency of Human
				  Services to certify to the Commissioner of Taxes debts owed to the Agency of
				  Human Services. The Commissioner of Taxes is in turn authorized to collect
				  debts for the Agency of Human Services by setting off the debts against any
				  income tax refunds which the state may otherwise owe to a debtor
				  taxpayer.
Pursuant to
				  32 VSA §
										5940 and
				  3
				  VSA Chapter 25, the Secretary of the Agency of Human Services has adopted the
				  following rules and regulations for the conduct of state tax offset appeals
				  brought under
				  32 VSA §
										5936. Appeals taken under these regulations
				  are limited to contesting the amount and validity of a contestant's debt.
				  Procedure for "State Tax Offset Appeals".
Section
				1 Definitions
As used in these regulations:
a. "Claimant Department" means any department
				within the Agency of Human Services.
b. "Contestant" means a person who contests a
				claimant department's assessment of his debt to the claimant
				department.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 001 - GENERAL; HEALTH BENEFITS ELIGIBILITY AND ENROLLMENT › Chapter 001 - PART ONE: GENERAL PROVISIONS AND DEFINITIONS › Section 13 001 001 - PART ONE: GENERAL PROVISIONS AND DEFINITIONS

Current through June, 2024
1.00 ADMINISTRATION
				OF HEALTH BENEFITS
(01/15/2017, GCR 16-094)
The Agency of Human Services (AHS) was created in 1969 to
				  serve as the umbrella organization for all human-service activities within
				  state government. It is the Single State Agency for Medicaid purposes and the
				  adopting authority for this rule.
2.00 GENERAL DESCRIPTION OF HEALTH BENEFITS
				IN VERMONT (SUBJECT TO SPECIFIC CRITERIA IN SUBSEQUENT SECTIONS)
(01/01/2024, GCR 23-082)
2.01 Types of Health Benefits.
(01/15/2017, GCR 16-094).
(a)
In
				general.
The state offers several types of health benefits,
				including:
-- Medicaid;
-- Children's Health Insurance Program (CHIP);
-- Enrollment in a Qualified Health Plan (QHP) with financial
				  assistance.
The benefits for which a person is eligible is determined
				  based on the individual's income, resources (in specified cases), and
				  circumstances as covered in succeeding sections.
(b)
Benefit
				choice.
Except as may be otherwise restricted, an
				individual may select the particular health benefit or benefits that they wish
				to be considered for. In the absence of such a selection, AHS will determine an
				individual's eligibility for the most advantageous benefit that they qualify
				for.
(c)
Redetermination of eligibility.
If an
				individual becomes ineligible for one benefit, AHS will determine eligibility
				for the next most advantageous benefit that they then qualify for.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 001 - GENERAL; HEALTH BENEFITS ELIGIBILITY AND ENROLLMENT › Chapter 002 - PART TWO: ELIGIBILITY STANDARDS › Section 13 001 002 - PART TWO: ELIGIBILITY STANDARDS

Current through June, 2024
The term "health benefits" encompasses a wide range of
				  programs and benefits, including various categories of Medicaid, pharmacy
				  benefits, eligibility for enrollment in a Qualified Health Plan (QHP), and tax
				  credits and cost-sharing reductions that make QHPs more affordable. Part Two
				  describes the eligibility standards for each program or benefit.
6.00 MEDICAID - IN GENERAL
(01/15/2017, GCR 16-095)
(a)
In
				general.
To qualify for Medicaid, an individual must meet
				nonfinancial, categorical, and financial eligibility criteria.
(b)
Nonfinancial
				criteria.
The nonfinancial criteria include the following:
(1) Citizenship or immigration status (§
											17.00);
(2) Vermont residency (§
											21.00);
(3) Social Security number requirements
				(§
											16.00);
(4) Assignment-of-rights and cooperation
				requirements (§
											18.00);
(5) Living-arrangement requirements (§
											20.00); and
(6) Pursuit of potential unearned income
				(§
											22.00).
(c)
Categorical
				criteria.
An individual must meet the categorical criteria
				(e.g., age, disability, etc.) of at least one coverage group to be eligible for
				health benefits through the Medicaid program.
(d)
Financial
				criteria.
Although there are a few coverage groups with no
				financial requirements, financial eligibility generally requires that an
				individual have no more than a specified amount of income or, in some cases,
				resources. The Medicaid financial eligibility requirements are:
(1) Income within the income limit
				appropriate to the individual's covered group.
(2) Resources within the resource limit
				appropriate to the individual's covered group.
(3) Asset-transfer limitations for an
				individual who needs long-term care services and supports.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 001 - GENERAL; HEALTH BENEFITS ELIGIBILITY AND ENROLLMENT › Chapter 003 - PART THREE: NONFINANCIAL ELIGIBILITY REQUIREMENTS › Section 13 001 003 - PART THREE: NONFINANCIAL ELIGIBILITY REQUIREMENTS

Current through June, 2024
15.00 NONFINANCIAL
				ELIGIBILITY REQUIREMENTS, IN GENERAL.
(01/15/2017, GCR 16-096)
This part catalogs the nonfinancial eligibility requirements
				  that apply across all health benefits. The provisions that assign these
				  requirements to a particular program or benefit are set forth in Part Two of
				  this rule.
16.00 SOCIAL
				SECURITY NUMBER.
(01/15/2017, GCR 16-096)
16.01 Medicaid [1].
(01/15/2017, GCR 16-096).
(a)
In
				general
(1) Except as
				provided in paragraph (b) of this subsection, as a condition of Medicaid
				eligibility, each individual (including children) seeking Medicaid must furnish
				their Social Security number.
(2)
				AHS will advise the individual of:
(i) The
				statute or other authority under which it is requesting the individual's Social
				Security number; and
(ii) The uses
				that will be made of each Social Security number, including its use for
				verifying income, eligibility, and amount of medical assistance payments under
				§§
													53.00 through
				56.00.
(3) If an individual cannot recall their
				Social Security number or Social Security numbers or has not been issued a
				Social Security number, AHS will:
(i) Assist
				the individual in completing an application for a Social Security
				number;
(ii) Obtain evidence
				required under SSA regulations to establish the age, the citizenship or
				non-citizenship status, and the true identity of the individual; and
(iii) Either send the application to SSA or,
				if there is evidence that the individual has previously been issued a Social
				Security number, request SSA to furnish the number.
(4) Services to an otherwise eligible
				individual will not be denied or delayed pending issuance or verification of
				the individual's Social Security number by SSA or if the individual meets one
				of the exceptions in paragraph (b) of this subsection.
(5) The Social Security number furnished by
				an individual will be verified to insure the Social Security number was issued
				to that individual, and to determine whether any other Social Security numbers
				were issued to that individual. See §
												55.02(a) for information
				on the verification process.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 001 - GENERAL; HEALTH BENEFITS ELIGIBILITY AND ENROLLMENT › Chapter 004 - PART FOUR: SPECIAL RULES FOR MEDICAID COVERAGE OF LONG-TERM CARE SERVICES AND SUPPORTS - ELIGIBILITY AND POST-ELIGIBILITY › Section 13 001 004 - PART FOUR: SPECIAL RULES FOR MEDICAID COVERAGE OF LONG-TERM CARE SERVICES AND SUPPORTS - ELIGIBILITY AND POST-ELIGIBILITY

Current through June, 2024
24.00 PATIENT SHARE
				PAYMENT FOR MEDICAID COVERAGE OF LONG-TERM CARE SERVICES AND SUPPORTS
(01/01/2024, GCR 23-085)
24.01 In General.
(01/15/2017, GCR 16-097).
(a)
Definition: patient
				share.
[1] Once AHS determines that an individual is
				eligible for Medicaid coverage of long-term care services and supports, it
				computes how much of their income must be paid to the long-term care provider
				each month for the cost of their care (this is called the "patient share").
A patient share is computed for an individual who qualifies
				  for Medicaid coverage of long-term care services and supports under MABD in a
				  medical institution or in a home and community-based setting under a special
				  income coverage group (see §
												8.05(k)) or as medically
				  needy (see §
												8.06). An individual's patient share is
				  determined at initial eligibility, eligibility redeterminations, and when
				  changes in circumstances occur.
(b)
Computation of patient
				share
(1) An individual's
				patient share is determined by computing a maximum patient share and deducting
				allowable expenses. §
												24.03 describes how the maximum patient
				share is determined. §
												24.04 describes allowable deductions from
				the patient share. The actual patient share payable by the individual is the
				lesser of:
(i) The balance of the individual's
				income remaining after computing the patient share; and
(ii) The cost of care remaining after
				third-party payment.
(2)
				In cases in which allowable deductions exceed the individual's income, the
				patient-share payment is reduced by the deductions, sometimes resulting in no
				patient-share obligation, for as many months needed to exhaust the deductions
				against the individual's available income. The month when the remaining
				deductions no longer exceed the individual's income, the balance is the patient
				share payment for that month. When monthly income and allowable deductions are
				stable, the patient-share amount remains constant. When income or allowable
				deductions fluctuate, the patient-share payment is likely to vary.
(c)
Patient
				share payment
.
An individual owes their patient share by
				the last day of the month in which they receive the income. Payment is made
				either to the facility in which the individual resided or to the highest-paid
				provider of long-term care services and supports. Patient-share amounts and
				payments to long-term care providers may be adjusted when a patient transitions
				from one setting to another, as specified in §
											24.05.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 001 - GENERAL; HEALTH BENEFITS ELIGIBILITY AND ENROLLMENT › Chapter 005 - PART FIVE: FINANCIAL METHODOLOGIES › Section 13 001 005 - PART FIVE: FINANCIAL METHODOLOGIES

Current through June, 2024
Part Five
describes the financial standards and
				  methodologies, including income and resource tests, that apply to the various
				  health-benefits programs and categories of assistance.
28.00 FINANCIAL ELIGIBILITY STANDARDS -
				APPLICATION OF MODIFIED ADJUSTED GROSS INCOME (MAGI)
(10/01/2021, GCR 20-002).
28.01 Basis, Scope, and Implementation [1]
[(]01/15/2019, GCR 18-063).
(a) This section implements §
											1902(e)(14) of the
				Act.
(b) The financial
				methodologies set forth in this section will be applied in determining the
				financial eligibility of all individuals for health benefits, except for
				individuals identified in paragraph (i) of §
											28.03.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 020 - HUMAN SERVICES BOARD › Chapter 002 - FAIR HEARING RULES (1000) › Section 13 020 002 - FAIR HEARING RULES (1000)

Current through June, 2024
Part 1000 Overview
Section 1000.1 Requests for Fair Hearing (09
				-01, 9/1/08)
A. A hearing may be requested by
				an applicant or recipient of assistance, benefits, or social services, or by a
				licensee or an applicant for a license, as provided at §
											3091 of Title 3, or by
				any other individual as specifically provided by statute.
B. Appeals shall be commenced by
				communicating a request for fair hearing with the clerk of the Human Services
				Board. Requests shall include the name, address, and phone number of the
				appellant and a statement of the basis for the appeal, if known.
C. Any department or office in the Agency of
				Human Services, including contractors and delegates of any such office or
				department, shall respond to any clear indication (oral or written) that a
				person wishes to present his or her case to a higher authority by helping that
				person to submit a request for hearing in the form provided by this rule or by
				advising that person to obtain legal representation. The department or office
				shall promptly forward all such requests to the Board.
D. The Board shall mail a copy of all
				requests to the attorney representing the department or office that is the
				subject of the appeal.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 100 - OFFICE OF ALCOHOL AND DRUG ABUSE › Chapter 002 - FINANCIAL ASSISTANCE FOR SUBSTANCE ABUSE TREATMENT SERVICES › Section 13 100 002 - FINANCIAL ASSISTANCE FOR SUBSTANCE ABUSE TREATMENT SERVICES

Current through June, 2024
Financial assistance for substance abuse treatment services
				  is available for Vermont residents from substance abuse treatment programs that
				  are supported by funds from the Vermont Office of Alcohol and Drug Abuse
				  Programs. State rules pertaining to this program are established pursuant to 18
				  VSA Section 9143.
Section I
				Eligibility
Any person with a substance abuse problem requiring
				  professional treatment services can request this assistance from a State
				  approved and funded substance abuse treatment program. To be eligible for
				  assistance, the applicant must meet the following requirements:
1. The applicant must be a Vermont
				resident;
2. Applicants who have an
				individual or group health insurance plan, Medicaid or any other form of health
				insurance which provides for reimbursement for alcohol treatment services for
				persons seeking services for an alcohol abuse problem or for reimbursement for
				drug treatment services for a person seeking assistance for a drug abuse
				problem shall not be eligible;
3.
				Applicants who are covered under another agreement/contract entered into by any
				State, other public or private organization with a substance abuse treatment
				provider affected by this rule shall be covered under the terms and conditions
				of such agreements/contracts and may not be eligible for assistance under the
				provisions of this rule; additionally, persons who are otherwise eligible for
				assistance under this rule and who require certification of successful
				completion of a substance abuse treatment program because of a DWI offense,
				must pay a minimum fee that is at least equal to the current fee for the
				Drinking Driver Rehabilitation School (CRASH School.) This CRASH School
				equivalency fee must be met only once during the course of the DWI offender's
				treatment, for each offense, regardless of the number of treatment providers
				involved. The person will then be placed on the fee schedule contained in these
				rules; and,
4. The applicant's
				gross family income must be in the range of incomes contained in the attached
				uniform schedule.
The uniform fee schedule determines the percentage of the fee
				  that the person will be required to pay. This is arrived at from the person's
				  gross family income and number of dependents. The minimum payment for any
				  person seeking treatment is 15% of the provider fee for the service provided.
				  The Office of Alcohol and Drug Abuse shall annually republish the fee schedule
				  after review and adjustment to assure it remains consistent with Federal
				  poverty income guidelines.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 100 - OFFICE OF ALCOHOL AND DRUG ABUSE › Chapter 005 - ALCOHOL AND DRUG ABUSE COUNSELOR LICENSING RULES › Section 13 100 005 - ALCOHOL AND DRUG ABUSE COUNSELOR LICENSING RULES

Current through June, 2024
Attachment A IC&RC COUNSELOR CORE FUNCTIONS
1) Screening - The process by which the
				client is determined appropriate and eligible for admission to a particular
				program.
a) Evaluate psychological, social,
				and physiological signs and symptoms of alcohol and other drug use and
				abuse.
b) Determine the client's
				appropriateness for admission or referral.
c) Determine the client's eligibility for
				admission or referral.
d) Identify
				any coexisting conditions (medical, psychiatric, physical, etc.) that indicate
				need for additional professional assessment and/or services.
e) Adhere to applicable laws, regulations and
				agency policies governing alcohol and other drug abuse services.