Title 10, Title 10: Conservation and Development

§ 1203. Procedures and conditions governing intergovernmental agreements—Article II A. Cooperative Agreements Authorized. Any two or more municipalities, one or more located in New Hampshire and one or more located in Vermont, may enter into cooperative agreements for the constru…

§ 1204. Effective date—Article III A. This compact shall become effective when a bill of the New Hampshire General Court that incorporates the compact becomes a law in New Hampshire and when it is approved by the U.S. Congress. (Added 1975, No. 116, § 1, eff. June 29, 1975; amend…

§ 1222. General provisions—Article I A. Statement of policy. It is recognized that municipalities in New Hampshire and Vermont may, in order to avoid duplication of cost and effort, and, in order to take advantage of economies of scale, find it necessary or desirable to enter int…

§ 1223. Procedures and conditions governing intergovernmental agreements—Article II A. Cooperative Agreements Authorized. Any two or more municipalities, one or more located in New Hampshire and one or more located in Vermont, may enter into cooperative agreements for the constru…

§ 1224. Effective date—Article III A. This compact shall become effective when ratified by New Hampshire and Vermont and approved by the U.S. Congress. (Added 1981, No. 32, § 3.)

§ 1231. Compact The State of Vermont enters into the following compact with the State of New Hampshire subject to the terms and conditions therein stated. (Added 1995, No. 37, § 1.)

§ 1232. General provisions—Article I A. Statement of policy. It is recognized that in certain cases municipalities in New Hampshire and Vermont may, in order to avoid duplication of cost and effort, and in order to take advantage of economies of scale, find it necessary or advisa…

§ 1233. Procedures and conditions governing intergovernmental agreements—Article II A. Cooperative Agreements Authorized. Any two or more municipalities, one or more located in New Hampshire and one or more located in Vermont, may enter into cooperative agreements for the constru…

§ 1234. Construction Nothing in this compact shall be construed to authorize the establishment of interstate districts, authorities, or any other new governmental or quasi-governmental entity. (Added 1995, No. 37, § 1.)

§ 1235. Effective date—Article III This compact shall become effective when a bill of the New Hampshire General Court that incorporates the compact becomes a law in New Hampshire and when it is approved by the U.S. Congress. (Added 1995, No. 37, § 1; amended 2019, No. 14, § 29, e…

§ 1250. State water quality policy It is the policy of the State of Vermont to: (1) protect and enhance the quality, character and usefulness of its surface waters and to assure the public health; (2) maintain the purity of drinking water; (3) control the discharge of wastes to t…

§ 1251. Definitions Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context: (1) “Board” means the Secretary of Natural Resources. (2) “Department” means the Department of Environmental Conservation. (3) “Discharge” means the plac…

§ 1251a. Water pollution administration (a) The Secretary may adopt rules, in accordance with the procedures in the Administrative Procedure Act, that are necessary for the proper administration of the Secretary’s duties under this subchapter, including a planning process approva…

§ 1252. Classification of high quality waters; mixing zones (a) The State adopts, for the purposes of individually classifying the uses of its high quality waters, the following classes and definitions: Class A(1): Waters in a natural condition that have significant ecological va…

§ 1253. Classification of waters designated; reclassification (a) The waters of all lakes, ponds, and reservoirs, natural or artificial, used exclusively as a public water source prior to July 1, 1971, and all waters flowing into such lakes, ponds, and reservoirs, and all waters …

§ 1254. Classification of waters by Secretary; aid In classifying or reclassifying the waters of the State, the Secretary is authorized to call upon any State department or agency for any pertinent information, other than information of a confidential nature, that the department …

§ 1258. Management of waters after classification, enforcement (a) After the classification of any waters has been determined by the Secretary, those waters shall be managed under the supervision of the Secretary in order to obtain and maintain the classification established. The…

§ 1259. Prohibitions (a) No person shall discharge any waste, substance, or material into waters of the State, nor shall any person discharge any waste, substance, or material into an injection well or discharge into a publicly owned treatment works any waste that interferes with…

§ 1263. Discharge permits (a) Any person who intends to discharge waste into the waters of the State or who intends to discharge into an injection well or who intends to discharge into any publicly owned treatment works any waste that interferes with, passes through without treat…

§ 1264. Stormwater management (a) Findings and intent. (1) The General Assembly finds that the management of stormwater runoff is necessary to reduce stream channel instability, pollution, siltation, sedimentation, and flooding, all of which have adverse impacts on the water and …

§ 1264a. Repealed. 2003, No. 140 (Adj. Sess.), § 10(a), eff. January 15, 2012, repealed subsecs. (a) through (d) and (f) through (h); 2017 No. 67, § 13 repealed subsec. (e), eff. July 1, 2017.

§ 1264b. Stormwater Fund (a) A fund to be known as the Stormwater Fund is created in the State Treasury to be expended by the Secretary of Natural Resources. The Fund shall be administered by the Secretary of Natural Resources. The Fund shall consist of: (1) stormwater impact fee…

§ 1264d. Ecosystem Restoration and Water Quality Improvement Special Fund (a) Purpose. The federal and State requirements for the permitting of Municipal Separate Storm Sewer Systems (MS4) require certain communities to collect water flow and precipitation data at monitoring stat…

§ 1265. Temporary pollution permits (a) A person who does not qualify for or has been denied a waste discharge permit under section 1263 of this title may apply to the Secretary for a temporary pollution permit. Application shall be made on a form prescribed by the Secretary and …

§ 1266a. Discharges of phosphorus (a) No person directly discharging into the drainage basins of Lake Champlain or Lake Memphremagog shall discharge any waste that contains a phosphorus concentration in excess of 0.80 milligrams per liter on a monthly average basis with the follo…

§ 1266b. Application of phosphorus fertilizer (a) Definitions. As used in this section: (1) “Compost” means a stable humus-like material produced by the controlled biological decomposition of organic matter through active management, but shall not mean sewage, septage, or materia…

§ 1267. Revocation of permits The Secretary may, after notice and opportunity for public hearing, under 3 V.S.A. § 814(c), revoke, modify, or suspend any permit issued by the Secretary pursuant to this subchapter upon finding that the permit holder submitted false or inaccurate i…

§ 1268. Emergency permits When a discharge permit holder finds that pollution abatement facilities require repairs, replacement, or other corrective action in order for them to continue to meet standards specified in the permit, the holder may apply in the manner specified by the…

§ 1269. Appeals Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title. (Added 1969, No. 252 (Adj. Sess.), § 14, eff. April 4, 1970; 1981, No. 222 (Adj. Sess.), § 25; 2003, No. 115 (Adj. Sess.), § 29, eff. Jan…

§ 1271. Extension of municipal sewer system; filing map; approval No municipality shall extend its sewer system until it has filed a copy of its plan for the extension with the Secretary and has received the Secretary’s approval. (Amended 1961, No. 100, § 2; 1973, No. 103, § 9, e…

§ 1272. Regulation of activities causing discharge or affecting significant wetlands If the Secretary finds that any person’s action, or an activity, results in the construction, installation, operation, or maintenance of any facility or condition that reasonably can be expected …

§ 1274. Enforcement (a) Notwithstanding any other provision or procedure set forth in this chapter, if the Secretary finds that any person has discharged or is discharging any waste or damaging the ecological functions of wetlands in violation of this chapter or chapter 37 of thi…

§ 1275. Penalty (a) Any person who violates any provision of this subchapter or who fails, neglects, or refuses to obey or comply with any order or the terms of any permit issued in accordance with this subchapter, shall be fined not more than $25,000.00 or be imprisoned not more…

§ 1276. Construction Nothing contained in this subchapter shall be construed to prohibit or require a permit for the proper use of waters for customary sport and recreational purposes such as fishing, swimming, and boating if the classification of the water permits that usage. In…

§ 1277. Municipal sewage treatment plants If, after public hearing, the Secretary finds that: (1) any municipality is discharging untreated or improperly treated sewage or stormwater into waters of the State or that conditions exist in any municipality or combination of municipal…

§ 1278. Operation, management, and emergency response plans for pollution abatement center (a) Findings. The General Assembly finds that the State shall protect Vermont’s lakes, rivers, and streams from pollution by implementing programs to prevent sewage spills to Vermont waters…

§ 1280. Emergency actions Notwithstanding any other provision of this chapter, upon receipt of evidence that a pollution source or combination of sources, including industrial users of publicly owned treatment works, is presenting an imminent and substantial endangerment to water…

§ 1281. Oil and other hazardous materials (a) The Secretary shall adopt rules relating to the handling, storage, and transport of oil and other hazardous materials within the State of Vermont for the purpose of preventing the discharge of any oil and other hazardous materials dir…

§ 1282. Contingency plans; adoption (a) The Secretary shall develop and implement a statewide contingency plan that shall provide for the coordination of the activities of State agencies and municipalities for the purpose of controlling, undertaking cleanup operations, or otherwi…

§ 1283. Contingency fund (a) The Environmental Contingency Fund is established within the control of the Secretary. Subject to the limitations contained in subsection (b) of this section, disbursements from the Fund may be made by the Secretary to undertake actions that the Secre…

§ 1283a. Contaminants of Emerging Concern Special Fund (a) The Contaminants of Emerging Concern Special Fund is established pursuant to 32 V.S.A. chapter 7, subchapter 5 to provide grants to public water systems responding to or remediating emerging contaminants in a public water…

§ 1284. Water quality data coordination (a) To facilitate attainment or accomplishment of the purposes of this chapter, the Secretary shall coordinate and assess all available data and science regarding the quality of the waters of the State, including: (1) light detection and ra…

§ 1295. Notification of sewage and wastewater discharges (a) Definitions. Notwithstanding the application of the definitions in section 1251 to the chapter as a whole, as used in this subchapter: (1) “Collection system” means pipelines or conduits, pumping stations, force mains, …

§ 1301. Deposit of sawmill waste in waters (a) It shall be unlawful for a person to deposit edgings, slabs, sawdust, shavings, or any other sawmill refuse in the waters of any stream, pond, reservoir, or lake in this State or on the shores or banks thereof in such a manner as to …

§ 1310. Designation of lake in crisis (a) The Secretary of Natural Resources (Secretary) shall review whether a lake in the State should be designated as a lake in crisis upon the Secretary’s own motion or upon petition of 15 or more persons or a selectboard of a municipality in …

§ 1311. State response to a lake in crisis (a) Adoption of crisis response plan. When a lake is declared in crisis, the Secretary shall within 90 days after the designation of the lake in crisis issue a comprehensive crisis response plan for the management of the lake in crisis i…