Title 10, Conservation and Development

§ 1630. Rules The Department with the approval of the Secretary shall adopt rules consistent with this subchapter as it finds necessary for proper administration of the subchapter. (Added 1971, No. 97, § 3, eff. April 22, 1971; amended 2015, No. 103 (Adj. Sess.), § 22, eff. May 1…

§ 1631. Transfer of funds The Commissioner of the Department, with the approval of the Secretary of Natural Resources, the Secretary of Administration, and the Emergency Board, may transfer any unexpended balance of funds between a municipal pollution control or water supply plan…

§ 1632. State administrative departments For the purpose of constructing or substantially improving a water pollution abatement and control facility, any State administrative department as authorized in Title 3 shall be deemed a municipality under section 1623 of this title and s…

§ 1650. Department acting on behalf of municipality Any municipality may request the Department to act in its behalf in undertaking the planning and construction of facilities described in this chapter. (Added 1971, No. 97, § 3, eff. April 22, 1971; amended 1981, No. 222 (Adj. Se…

§ 1651. Application for assistance When the voters of the municipality at a duly warned meeting have authorized the proper officials of the municipality to make application to and to enter into a contract with the Department for specific engineering and technical services, the mu…

§ 1652. Contracts Upon approval of the application, the Department shall prepare and offer to the municipality a contract for services requested, which shall include such terms and conditions as the Department determines to be reasonable, including reimbursement of all costs of s…

§ 1653. Eligibility For the purposes of this subchapter, the Department, when acting on behalf of a municipality, is an eligible applicant for funds available under this chapter. Eligible planning and construction costs shall include the cost to the Department of undertaking thes…

§ 1671. Definitions As used in this chapter: (1) “Drinking water” means noncarbonated water that is intended for human consumption or other consumer uses whether provided by a public water system or in a container, bottle, or package, or in bulk, including water used for producti…

§ 1672. Authority of the Agency of Natural Resources (a) Except as provided in subsections (c) through (f) of this section, to prevent and minimize public health hazards, the Secretary shall have authority over and shall regulate the purity of drinking water; the adequacy, constr…

§ 1673. Prohibitions (a) A person shall not alter, expand, or otherwise modify an existing public water system or public water source without a permit from the Secretary. (b) A person shall not construct a new public water system or public water source or change an existing water…

§ 1674. Certification of water system operators (a)(1) The Secretary shall by rule establish processes and criteria for: (A) the classification of public water systems for the purpose of certifying operators; and (B) the certification of persons qualified to operate specific clas…

§ 1675. Permits; conditions; duration; suspension of revocation (a) Authority to issue, renew, or deny permit. The Secretary may issue, renew, or deny a public water system permit required by this chapter. As part of this authority, the Secretary may issue general operating permi…

§ 1675a. Permitting exemption (a) The requirements of this chapter and the rules adopted under this chapter, except the construction permitting requirements, shall not apply to a public water system that: (1) Consists only of distribution and storage facilities and does not have …

§ 1676a. Permits; systems affecting farms; liability for contamination (a) The Secretary shall issue a permit for a new source for a public water system only after making the findings required by subsection 1675(b) of this title. In addition, if the Secretary finds there are agri…

§ 1677. Inspection and application for search warrants Any health officer or municipal board of health is authorized: (1) to inspect public water sources, public water systems, or public water source protection areas, pursuant to 18 V.S.A. § 107; and (2) to apply for search warra…

§ 1678. Prohibition on use of lead pipes, solder, and flux (a) No person shall use any pipe, solder, or flux in the installation or repair of any public water system, or in any plumbing providing drinking water that is connected to a public water system, unless it is lead free. (…

§ 1679. Public water source protection areas (a) The Secretary shall, after review by the Groundwater Coordinating Committee established in subsection 1392(c) of this title, adopt rules for the protection of public water source protection areas. Rules adopted under this section m…

§ 1680. Appeals Appeals of any act or decision of the Department under this subchapter shall be made in accordance with chapter 220 of this title. (Added 1991, No. 71, § 2; amended 2003, No. 115 (Adj. Sess.), § 41, eff. Jan. 31, 2005.)

§ 1681. Criminal enforcement (a) Any permit holder or person who violates a provision of this chapter or the rules adopted pursuant to this chapter, who fails or neglects to obey or comply with the terms of a permit issued under this chapter, or who fails or neglects to obey or c…

§ 1682. Private right of action The provisions of 18 V.S.A. § 122 shall apply to this chapter. (Added 1991, No. 71, § 2.)

§ 1683. Filtration requirements (a) The Department of Environmental Conservation shall review each application for a construction grant to determine whether the project qualifies for an avoidance of filtration waiver under the surface water treatment rule and notify the applicant…

§ 1684. Conservation requirements The General Assembly finds that water is a natural resource that should be managed efficiently to reduce waste through promotion of water conservation. It shall be the policy of the State to conserve the water resources of Vermont through technol…

§ 1685. Public water system capacity The Secretary, by rule, shall establish standards and requirements for implementing a public water system capacity program for community water systems and nontransient, noncommunity water systems. The program shall place particular emphasis on…

§ 1921. Purpose The ground and surface waters of the State are an essential and significant portion of the natural resources of the State historically protected by State programs. Significant contamination of these natural resources and hazard to the public health results from th…

§ 1922. Definitions As used in this chapter: (1) “Aboveground storage tank” means any tank, other than an underground storage tank, used to store any of the following petroleum products: gasoline, diesel, kerosene, used oil, or heating oil. (2) “Agency” means the Agency of Natura…

§ 1923. Notice of new or existing underground storage tank (a) New tanks. When an underground storage tank is installed or entered into service after June 30, 1985, the owner shall notify the Secretary of the existence of that tank. (b) Tanks in service on June 30, 1985. Before A…

§ 1924. Integrity report The owner or operator of an underground storage tank may be ordered by the Secretary to complete a tank integrity demonstration in the following circumstances: (1) when the Secretary has reason to suspect there is or has been a release, or (2) when in the…

§ 1925. Notice in land records In order to make the information available to future purchasers, tank owners shall record the existence and location of underground storage tanks in local land records. The Secretary shall establish by rule the information to be recorded and the man…

§ 1926. Unused and abandoned tanks (a) Any underground storage tank that does not meet new construction standards as prescribed by the rules, and that has not been used for a period of one year shall be closed in accordance with tank closure requirements prescribed by the rules. …

§ 1927. Regulation of category one tanks (a) After June 30, 1986, no owner or operator shall operate or maintain a category one tank without first having obtained a permit from the Secretary. Application for a permit shall be made on a form prescribed by the Secretary. Permits is…

§ 1928. Regulation of farm and residential large motor fuel tanks The Secretary shall establish rules for the new installation of or reentry into service of farm and residential underground storage tanks of greater than 1,100 gallons that are or have been used for storing motor f…

§ 1929. Regulation of large heating oil tanks The Secretary shall establish tank registration requirements for underground storage tanks of greater than 1,100 gallons that are or have been used to contain fuel oil for on-premises heating purposes. (Added 1985, No. 66, § 1.)

§ 1929a. Standards for aboveground storage tanks (a) On or before December 31, 2011, the Secretary shall adopt rules addressing the design and proper installation of aboveground storage tanks. (b) After January 1, 2012, no person shall offer for sale, install, or substantially im…

§ 1929b. Regulation of heating oil tanks at public buildings The Secretary shall establish tank registration requirements for underground storage tanks equal to or less than 1,100 gallons that are or have been used to contain fuel oil for on-premises heating purposes at a public …

§ 1930. Implementation; coordination (a) Rulemaking standards. To the extent compatible with this chapter, in establishing rules and standards, the Secretary may distinguish between types, classes, and ages of underground storage tanks. In making such distinctions the Secretary m…

§ 1931. Inspections; right of entry; information For the purposes of developing or enforcing any rule, regulation, standard, permit, or order authorized by this chapter, the Secretary, or the Secretary’s authorized representative, may request and any permittee or owner or operato…

§ 1932. Orders Upon receiving information that the operation, maintenance, or condition of an underground storage tank or the surrounding environs may present a threat or a hazard to the health of persons or to the environment, or may present an actual or threatened violation of …

§ 1933. Appeals Appeals of any act or decision of the Department under this subchapter shall be made in accordance with chapter 220 of this title. (Added 1985, No. 66, § 1; amended 1995, No. 57, § 3; 2003, No. 115 (Adj. Sess.), § 43, eff. Jan. 31, 2005.)

§ 1934. Enforcement (a) Notwithstanding any other provisions or procedure set forth in this chapter, if the Secretary finds that a person is in violation of this chapter or has failed to comply with any provisions of any order, standard, rule, or permit issued in accordance with …

§ 1935. Penalties (a) Criminal penalty. Any person who knowingly or intentionally violates any provision of this chapter or the rules promulgated herein, or any permits or any order standards issued in accordance with this chapter shall be subject to a criminal penalty not to exc…

§ 1936. Licensure of tank inspectors (a) The Secretary may establish a process for licensing persons to perform tank integrity demonstrations, as provided by this section. Under that process, the Secretary shall charge a fee, in accordance with 3 V.S.A. § 2822. The Secretary shal…

§ 1938. Underground Storage Tank Trust Fund There is hereby created in the State Treasury a fund to be known as the Underground Storage Tank Trust Fund, to be expended by the Secretary of Natural Resources as allowed by federal law. The Secretary may accept and use funds availabl…

§ 1939. Risk retention pool The owners and operators of underground storage tanks may obtain the advice of the Commissioner of Financial Regulation, and may establish an insurance pool. The Commissioner shall adopt rules to assist in the formation of such pools and to expedite ap…

§ 1940. Underground storage tank incentive program (a) The owners of a retail gasoline outlet that sells less than 20,000 gallons of gasoline per month and that desire assistance to replace underground storage tanks in compliance with this chapter, and municipalities with a popul…

§ 1941. Petroleum Cleanup Fund (a) A fund to be known as the Petroleum Cleanup Fund is created in the State Treasury, to be expended by the Secretary of Natural Resources. The Fund shall consist of licensing fees and petroleum tank fees assessed under the provisions of this chapt…

§ 1942. Petroleum distributor licensing fee (a) There is hereby established a licensing fee of one cent per gallon of motor fuel sold by a distributor or dealer or used by a user in this State, that will be assessed against every distributor, dealer, or user as defined in 23 V.S.…