Vermont S 212: An act relating to potable water supply and wastewater system connections

Bill Text

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No. 174. An act relating to potable water supply and wastewater system
connections.
(S.212)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 10 V.S.A. § 1971 is amended to read:
§ 1971. PURPOSE
It is the purpose of this chapter to:
(1) establish a comprehensive program to regulate the construction,
replacement, modification, and operation of potable water supplies and
wastewater systems in the State in order to protect human health and the
environment, including potable water supplies, surface water, and
groundwater;
* * *
(6) allow delegation of the permitting program created by this chapter to
municipalities demonstrating the capacity to administer the chapter review of
potable water supply and wastewater system connections pursuant to general
permits adopted under this chapter.
Sec. 2. 10 V.S.A. § 1972 is amended to read:
§ 1972. DEFINITIONS
For the purposes of As used in this chapter:
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(6) “Potable water supply” means the source, treatment, and conveyance
equipment used to provide water used or intended to be used for human

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consumption, including drinking, washing, bathing, the preparation of food, or
laundering. This definition includes a service connection to a public water
system of any size. This definition does not include any internal piping or
plumbing, except for mechanical systems, such as pump stations and storage
tanks or lavatories, that are located inside a building or structure and that are
integral to the operation of a potable water system. This definition also does
not include a potable water supply that is subject to regulation under chapter 56
of this title.
* * *
(10) “Wastewater system” means any piping, pumping, treatment, or
disposal system used for the conveyance and treatment of sanitary waste or
used water, including carriage water, shower and wash water, and process
wastewater. This definition does not include any internal piping or plumbing,
except for mechanical systems, such as pump stations and storage tanks or
toilets, that are located inside a building or structure and that are integral to the
operation of a wastewater system. This definition also does not include
wastewater systems that are used exclusively for the treatment and disposal of
animal manure. In this chapter, “wastewater system” refers to a soil-based
disposal system of less than 6,500 gallons per day, or a sewerage sanitary
sewer collection system connection of any size.
Sec. 3. 10 V.S.A. § 1973 is amended to read:
§ 1973. PERMITS

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(a) Except as provided in this section and sections 1974 and 1978 of this
title, a person shall obtain a permit from the Secretary before:
* * *
(7) making a new or modified connection to a new or existing potable
water supply or wastewater system; or
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(f)(1) The Secretary shall give deference to a certification by a licensed
designer with respect to the engineering design or judgment exercised by the
designer in order to minimize Agency review of certified designs. Nothing in
this section shall limit the responsibility of the licensed designer to comply
with all standards and rules, or the authority of the Secretary to review and
comment on design aspects of an application or to enforce Agency rules with
respect to the design or the design certification.
(2) The Secretary shall issue a permit for a new or modified connection
to a water main and a sewer main or indirect discharge system from a building
or structure in a designated downtown development district upon submission
of an application under subsection (b) of this section that consists solely of the
certification of a licensed designer, in accordance with subsection (d) of this
section, and a letter from the owner of the water main and sewer main or
indirect discharge system allocating the capacity needed to accommodate the
new or modified connection. However, this subdivision (2) shall not apply if
the Secretary finds one of the following:

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(A) The Secretary has prohibited the system that submitted the
allocation letter from issuing new allocation letters due to a lack of capacity.
(B) As a result of an audit of the application performed on a random
basis or in response to a complaint, the system is not designed in accordance
with the rules adopted under this chapter.
* * *
(k)(1) The Secretary shall adopt a general permit for both potable water
supply and wastewater system connections that require a permit under this
chapter. Under the general permit, the Secretary may give deference to
applications for connections certified by a licensed designer. The Secretary
shall publish a manual providing guidance to licensed designers implementing
the general permit for potable water supply or wastewater system connections.
The manual shall include guidance for determining or defining the capacity of
a public