Title 10, Conservation and Development

§ 1323. Nuisance The use of unencapsulated polystyrene as a flotation device in waters of the State, including in any dock system, float, mooring system, or buoy, is declared a nuisance and public health hazard and may be prosecuted as provided in the Vermont Revised Statutes. (A…

§ 1324. Rulemaking The Secretary may adopt rules to implement the requirements of this subchapter. (Added 2023, No. 121 (Adj. Sess.), § 26, eff. May 30, 2024.)

§ 1331. Preamble Whereas, the growth of population and the development of the territory of the New England states has resulted in serious pollution of certain interstate streams, ponds and lakes, and of tidal waters ebbing and flowing past the boundaries of two or more states; an…

§ 1332. Waters subject to compact—Article I It is agreed between the signatory states that the provisions of this compact shall apply to streams, ponds and lakes which are contiguous to two or more signatory states or which flow through two or more signatory states or which have …

§ 1333. Creation of Commission—Article II There is hereby created the New England Interstate Water Pollution Control Commission (hereinafter referred to as the Commission) which shall be a body corporate and politic, having the powers, duties and jurisdiction herein enumerated an…

§ 1334. Composition of Commission—Article III The Commission shall consist of five commissioners from each signatory state, each of whom shall be a resident voter of the state from which he or she is appointed. The commissioners shall be chosen in the manner and for the terms pro…

§ 1335. General powers of Commission—Article IV The Commission shall annually elect from its members a chair and vice chair and shall appoint and at its pleasure remove or discharge such officers. It may appoint and employ a secretary who shall be a professional engineer versed i…

§ 1336. Water standards; classification—Article V It is recognized, owing to such variable factors as location, size, character and flow and the many varied uses of the waters subject to the terms of this compact, that no single standard of sewage and waste treatment and no singl…

§ 1337. Interstate inland and tidal waters—Article VI Each of the signatory states pledges to provide for the abatement of existing pollution and for the control of future pollution of interstate inland and tidal waters as described in Article I, and to put and maintain the water…

§ 1338. Effect on local legislation; pending causes—Article VII Nothing in this compact shall be construed to repeal or prevent the enactment of any legislation or prevent the enforcement of any requirement by any signatory state imposing any additional condition or restriction t…

§ 1339. Expenses; obligation of signatories—Article VIII The signatory states agree to appropriate for the salaries, office, administrative, travel and other expenses such sum or sums as shall be recommended by the Commission. The commonwealth of Massachusetts obligates itself on…

§ 1340. Separability of provisions—Article IX Should any part of this compact be held to be contrary to the constitution of any signatory state or of the United States, all other parts thereof shall continue to be in full force and effect.

§ 1341. New York State; cooperation—Article X The Commission is authorized to discuss with appropriate state agencies in New York State questions of pollution of waters which flow into the New England area from New York State or vice versa and to further the establishment of agre…

§ 1342. Effective, when—Article XI This compact shall become effective immediately upon the adoption of the compact by any two contiguous states of New England but only insofar as applies to those states and upon approval by federal law. Thereafter upon ratification by other cont…

§ 1343. Commission membership The State shall be represented on the Commission by five commissioners, one of whom shall be the Commissioner of Environmental Conservation, and four of whom shall be appointed by the Governor. Of those appointed by the Governor, one shall be an offi…

§ 1351. Definitions As used in this subchapter: (1) “Agricultural waste” means material originating or emanating from a farm or imported onto a farm that contains sediments; minerals, including heavy metals; plant nutrients; pesticides; organic wastes, including livestock waste; …

§ 1352. Powers of the Secretary The Secretary has the authority to exercise all of the following: (1) Implement the federal Clean Water Act to administer a Vermont pollutant discharge elimination system (VPDES) CAFO program that is at least as stringent as the federal Clean Water…

§ 1353. CAFO permit requirements and exemptions (a) The discharge of manure, litter, or process wastewater to waters of the State from a permitted CAFO as a result of the application of that manure, litter, or process wastewater by the CAFO to land areas under its control is a di…

§ 1354. Concentrated Animal Feeding Operation Permit Program Working Group (a) Creation. The Secretary of Natural Resources, in coordination with the Secretary of Agriculture, Food and Markets, shall convene a working group of interested parties to provide advice and recommendati…

§ 1371. Authority for compact On behalf of the State of Vermont, the Governor thereof is hereby authorized and directed to execute a compact, as set forth in sections 1331-1342 of this title, with any of the New England states or the State of New York legally joined therein.

§ 1372. Members; appointment; term (a) Within 30 days after he or she has executed the Compact with any or all of the states legally joined therein, the Governor shall appoint three persons to serve as commissioners to the New England Interstate Water Pollution Control Commission…

§ 1373. Appropriation The sum of $1,150.00 annually, or so much thereof as may be necessary, is hereby appropriated for the purpose of carrying out the provisions of the New England Interstate Water Pollution Control Compact relating to the payment by the State to the New England…

§ 1381. Definitions As used in this subchapter: (1) “Commercial establishment” means any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation, or commercial or charitable activity, including laundries, hospitals, and food or restaur…

§ 1382. Prohibitions (a) No household cleansing products containing a phosphorus compound in concentrations in excess of a trace quantity may be distributed, sold, offered for sale at retail or wholesale, exposed for sale at retail or wholesale, or used in a commercial establishm…

§ 1383. Exclusions The manufacturer of a cleansing product used primarily in industrial manufacturing, production, and assembling processes or any user of the product may apply to the Secretary to have the product excluded from regulation under this subchapter. The application sh…

§ 1384. Penalty A person who violates a provision of this subchapter shall be fined not more than $2,500.00 for a single violation. In the case of a continuing violation, each day’s continuance after notification by a law enforcement officer shall be considered an additional offe…

§ 1386. Implementation plan for the Lake Champlain total maximum daily load (a) Within three months after the issuance of a phosphorus total maximum daily load plan (TMDL) for Lake Champlain by the U.S. Environmental Protection Agency, the Secretary of Natural Resources shall upd…

§ 1387. Findings; purpose; Clean Water Initiative (a)(1) The State has committed to implementing a long-term Clean Water Initiative to provide mechanisms, staffing, and financing necessary to achieve and maintain compliance with the Vermont Water Quality Standards for all State w…

§ 1388. Clean Water Fund (a) There is created a special fund to be known as the Clean Water Fund to be administered by the Secretary of Administration. The Fund shall consist of: (1) revenues from the property transfer tax surcharge established under 32 V.S.A. § 9602a; (2) other …

§ 1389. Clean Water Board (a) Creation. (1) There is created the Clean Water Board that shall: (A) be responsible and accountable for planning, coordinating, and financing of the remediation, improvement, and protection of the quality of State waters; and (B) recommend to the Sec…

§ 1389a. Clean Water Investment Report (a) Beginning on January 15, 2017, and annually thereafter, the Secretary of Administration shall publish the Clean Water Investment Report. The Report shall summarize all investments, including their cost-effectiveness, made by the Clean Wa…

§ 1389b. Clean Water Fund audit (a) On or before January 15, 2023, the Secretary of Administration shall submit to the House and Senate Committees on Appropriations, the Senate Committee on Finance, the House Committee on Ways and Means, the Senate Committee on Agriculture, the H…

§ 1390. Policy The General Assembly hereby finds and declares that: (1) The State should adhere to the policy for management of groundwater of the State as set forth in section 1410 of this title. (2) In recognition that the groundwater of Vermont is a precious, finite, and inval…

§ 1391. Definitions As used in this chapter: (1) “Abandoned well” means any well or hole whose original purpose and use has been permanently discontinued or that is in such a state of disrepair that the well or hole has the potential for transmitting contaminants into an aquifer …

§ 1392. Duties; powers of Secretary (a) The Secretary shall develop a comprehensive groundwater management program to protect the quality of groundwater resources by: (1) developing a strategy for the management and protection of the State’s groundwater resources; (2) continuing …

§ 1393. Coordination Nothing in this subchapter is intended to interfere with authority granted other agencies of State government by statute. The Secretary will coordinate the development of the program with other State agencies as necessary. (Added 1985, No. 53, § 1.)

§ 1394. Classification of groundwater (a) The State adopts, for purposes of classifying its groundwater, the following classes and definitions thereof: (1) Class I. Suitable for public water supply. Character uniformly excellent. No exposure to activities that pose a risk to its …

§ 1403. Closure of abandoned wells The Commissioner may order a person legally responsible for an abandoned well to close the abandoned well in accordance with the rules established by the Department for the purpose of groundwater protection. An order shall not be issued under th…

§ 1410. Groundwater; right of action (a) Findings and policy. The General Assembly hereby finds and declares that: (1) surface and subsurface water are inherently interrelated in both quality and quantity; (2) groundwater hydrology is a science that allows groundwater quality and…

§ 1416. Definitions As used in this subchapter: (1) “Farming” means farming as the term is defined in subdivision 6001(22) of this title. (2) “Groundwater” means water below the land surface, including springs. (3) “Person” means any individual, partnership, company, corporation,…

§ 1417. Existing groundwater withdrawal; reporting (a) Beginning September 1, 2009, any person that withdraws more than 20,000 gallons per day, averaged over a calendar month at a single tract of land or place of business shall file a groundwater report with the Secretary of Natu…

§ 1418. Groundwater withdrawal permit (a)(1) On and after July 1, 2010, no person, for commercial or industrial uses, shall make a new or increased groundwater withdrawal of more than 57,600 gallons a day from any well or spring on a single tract of land or at a place of business…

§ 1419. Circumvention The Secretary may require a person to report under section 1417 of this title or obtain a permit under section 1418 of this title when the Secretary, in his or her discretion, determines that a withdrawal, subdivision of land, transfer of property, or other …

§ 1420. Vessels; abandonment prohibited; removal and disposition of abandoned vessels (a) Definitions. In this chapter, unless the context clearly requires otherwise: (1) “Abandon” means, with respect to a vessel, any of the following: (A) to leave unattended on public waters or …

§ 1421. Policy To aid in the fulfillment of the State’s role as trustee of its navigable waters and to promote public health, safety, convenience, and general welfare, it is declared to be in the public interest to make studies, establish policies, make plans, make rules, encoura…

§ 1422. Definitions In this chapter, unless the context clearly requires otherwise: (1) “Agency” means the Agency of Natural Resources. (2) “Board” means the Land Use Review Board. (3) “Department” means Department of Environmental Conservation. (4) “Navigable water” or “navigabl…