Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 037 - WATER QUALITY DIVISION › Chapter 001 - GROUNDWATER PROTECTION RULE AND STRATEGY › Section 12 037 001 - GROUNDWATER PROTECTION RULE AND STRATEGY

Current through June,
				2024
SUBCHAPTER 1
				GENERAL PROVISIONS
101 Authority
This Rule is adopted by the Secretary under the authority
				  granted by 10 V.S.A §§ 1390-1394.
102 Purpose
It is the purpose of this Rule to establish the
				  following:
(1) a system of management
				for the different classes of groundwater;
(2) a process for the reclassification of
				groundwater;
(3) standards for the
				protection of groundwater quality;
(4) processes that must be incorporated into
				regulatory programs to ensure that activities that present a potential threat
				to groundwater are designed, managed, and permitted to protect groundwater
				resources; and
(5) a system to
				protect the groundwater resources that are held in trust for the
				public.
103
				Applicability
This Rule applies to all activities that are subject to the
				  following Agency rules:
(1) Solid
				Waste Management Rules;
(2)
				Hazardous Waste Management Regulations;
(3) Underground Storage Tank Rules;
(4) Aboveground Storage Tank Rules;
(5) Salvage Yard Rule;
(6) Underground Injection Control
				Regulations;
(7) Indirect Discharge
				Rule;
(8) Stormwater Management
				Rule;
(9) Stormwater Management
				Rule for Stormwater-Impaired Waters;
(10) Wastewater System and Potable Water
				Supply Rules (for wastewater systems only); and
(11) Investigation and Remediation of
				Contaminated Properties Rule.
104 Provisions for Incorporation
(a) The Secretary, within five years of
				adoption of this Rule or prior to filing any proposed changes to a rule listed
				in Section 12-103 of this Rule with the Interagency Committee on Administrative
				Rules, whichever is sooner, shall review and revise as necessary each rule
				listed in Section 12-103 of this Rule to ensure the rule:
(1) Incorporates the following:
(A) restrictions on activities permitted in
				areas of each class of groundwater, from Subchapter 4 of this Rule;
(B) identification of compliance points, from
				Sections 12-603 of this Rule;
(C)
				procedure for requiring preventive and corrective actions, from Sections 12-606
				and 12-607 of this Rule; and
(D)
				permitting prohibitions, from Section 12-604 of this Rule.
(2) Applies the groundwater enforcement
				standards and preventive actions levels established in Sections 12-601 and
				12-602 of this Rule.
(3) Does not
				permit an activity that will adversely affect public trust uses.
(b) Subsequent to the initial
				review and revision required in Subsection (a), every seven years thereafter
				the Secretary shall review, and revise if necessary, the rules listed in
				Section 12-103 of this Rule to assure continued conformance with Subsection
				(a).
105 Classes of
				Groundwater
(a) The following groundwater
				classifications have been established by statute:
(1) Class I. Suitable for public water
				system. Character uniformly excellent. No exposure to activities which pose a
				risk to its current or potential use as a public water system.
(2) Class II. Suitable for public water
				system. Character uniformly excellent but exposed to activities which may pose
				a risk to its current or potential use as a public water system.
(3) Class III. Suitable as a source of water
				for a potable water supply, irrigation, agricultural use, and general
				industrial and commercial use.
(4)
				Class IV. Not suitable as a source of water for a potable water supply but
				suitable for some agricultural, industrial, and commercial use, provided the
				Secretary may authorize, subject to conditions, use as a source of potable
				water supply or other use under a reclassification order issued for the
				aquifer.
(b) Unless
				reclassified, all groundwater in the State is Class III.
106 Severability
The provisions of this Rule are severable. If any provision
				  of this Rule is found to be invalid, or if any application of this Rule to any
				  person or circumstance is found to be invalid, the invalidity shall not affect
				  other provisions that can be given effect in the absence of the invalid
				  provision or application.