Vermont S 24: An act relating to stormwater management

Bill Text

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VT LEG #379420 v.1
S.24 1
Introduced by Senator Chittenden 2
Referred to Committee on 3
Date: 4
Subject: Conservation and development; water quality; stormwater; three-acre 5
permit 6
Statement of purpose of bill as introduced: This bill proposes to amend 7
requirements related to the permitting of stormwater systems in the State. The 8
bill would extend the deadline by which owners of impervious surface subject 9
to the three-acre impervious surface permit must complete permitting. The bill 10
also would allow municipalities that assume full legal responsibility for a 11
stormwater system to assess municipal impact fees on users of the stormwater 12
system. In addition, the bill extends from July 1, 2027 to July 1, 2036 the 13
assessment of the 0.22 percent clean water surcharge on the property transfer 14
tax. The bill also would establish the Local Community Implementation 15
Special Fund to provide grants to municipalities to assist in the stormwater 16
permitting of residential subdivisions or orphan systems in the State. 17
An act relating to stormwater management 18
It is hereby enacted by the General Assembly of the State of Vermont: 19
Sec. 1. 10 V.S.A. § 1264 is amended to read: 20

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VT LEG #379420 v.1
§ 1264. STORMWATER MANAGEMENT 1
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(b) Definitions. As used in this section: 3
* * * 4
(2) “Development” means the construction of impervious surface on a 5
tract or tracts of land where no impervious surface previously existed. 6
(3) “Expansion” and “the expanded portion of an existing discharge” 7
mean an increase or addition of impervious surface, such that the total resulting 8
impervious area is greater than the minimum regulatory threshold. 9
* * * 10
(6) “Impervious surface” means those manmade surfaces, including 11
paved and unpaved roads, parking areas, roofs, driveways, and walkways, from 12
which precipitation runs off rather than infiltrates. 13
* * * 14
(10) “Regulated stormwater runoff” means precipitation, snowmelt, and 15
the material dissolved or suspended in precipitation and snowmelt that runs off 16
impervious surfaces and discharges into surface waters or into groundwater via 17
infiltration. 18
(11) “Stormwater impact fee” means the monetary charge assessed to a 19
permit applicant for the discharge of regulated stormwater runoff in order to 20
mitigate impacts that the discharger is unable to control through on-site 21

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VT LEG #379420 v.1
treatment or completion of an offset on a site owned or controlled by the 1
permit applicant. 2
(12) “Stormwater-impaired water” means a State water that the 3
Secretary determines is significantly impaired by discharges of regulated 4
stormwater runoff. 5
(13) “Stormwater Management Manual” means the Agency of Natural 6
Resources’ Stormwater Management Manual, as adopted and amended by rule. 7
(14) “Stormwater runoff” means precipitation and snowmelt that does 8
not infiltrate into the soil, including material dissolved or suspended in it, but 9
does not include discharges from undisturbed natural terrain or wastes from 10
combined sewer overflows. 11
(15) “Stormwater system” includes the storm sewers; outfall sewers; 12
surface drains; manmade wetlands; channels; ditches; wet and dry bottom 13
basins; rain gardens; and other control equipment necessary and appurtenant to 14
the collection, transportation, conveyance, pumping, treatment, disposal, and 15
discharge of regulated stormwater runoff. 16
(16) “Total maximum daily load” (TMDL) means the calculations and 17
plan for meeting water quality standards approved by the U.S. Environmental 18
Protection Agency (EPA) and prepared pursuant to 33 U.S.C. § 1313(d) and 19
federal regulations adopted under that law. 20
* * * 21

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VT LEG #379420 v.1
(c) Prohibitions. 1
(1) A person shall not commence the construction or redevelopment of 2
one-half of an acre or more of impervious surface without first obtaining a 3
permit from the Secretary. 4
* * * 5
(7) In accordance with the schedule established under subdivision (g)(3) 6
of this section, a person shall not discharge stormwater from impervious 7
surface located within the Lake Champlain watershed or the Lake 8
Memphremagog watershed of three or more acres in size without first 9
obtaining an individual permit or coverage under a general permit issued under 10
this section if the discharge was never previously permitted or was permitted 11
under an individual permit or general permit that did not incorporate the 12
requirements of the 2002 Stormwater Management Manual or any 13
subsequently adopted Stormwater Management Manual. 14
(d) Exemptions. 15
* * * 16
(2) No permit is required under subdivision (c)(1), (5), or (7) of this 17
section and for which a municipality has assumed full legal responsibility as 18
part of a permit issued to the municipality by the Secretary.