Vermont S. 100: An act relating to promoting affordable and sustainable housing

Bill Text

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VT LEG #380450 v.1
S.100 1
Introduced by Senators Hardy, Brennan, Chittenden and Norris 2
Referred to Committee on 3
Date: 4
Subject: Conservation and development; agriculture; water quality; 5
concentrated animal feeding operations; permitting; enforcement 6
Statement of purpose of bill as introduced: This bill proposes to clarify the 7
authority of the Secretary of Natural Resources to regulate, permit, and enforce 8
discharges of pollutants from concentrated animal feeding operations in the 9
State. 10
An act relating to administration of the concentrated animal feeding 11
operation water quality permit 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 10 V.S.A. § 1251 is amended to read: 14
§ 1251. DEFINITIONS 15
Whenever used or referred to in this chapter, unless a different meaning 16
clearly appears from the context: 17
* * * 18

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VT LEG #380450 v.1
(3) “Discharge” means the placing, depositing, or emission of any 1
wastes or pollutants, directly or indirectly, into an injection well or into the 2
waters of the State. 3
* * * 4
(11) “Secretary” means the Secretary of Natural Resources or his or her 5
authorized representative. 6
(12) “Waste” means effluent, sewage, or any substance or material, 7
liquid, gaseous, solid, or radioactive, including heated liquids, whether or not 8
harmful or deleterious to waters; provided, however, the term “sewage” as 9
used in this chapter shall not include the rinse or process water from a cheese 10
manufacturing process. 11
(13) “Waters” includes all rivers, streams, creeks, brooks, reservoirs, 12
ponds, lakes, springs, and all artificial or natural bodies of surface waters, 13
artificial or natural, that are contained within, flow through, or border upon the 14
State or any portion of it. 15
* * * 16
(20) “Continuous discharge” means a discharge that occurs without 17
interruption throughout the operating hours of the facility, except for 18
infrequent shutdowns for maintenance, process changes, or other similar 19
activities. 20

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VT LEG #380450 v.1
(21) “Daily discharge” means the discharge of a pollutant measured 1
during a calendar day or any 24-hour period that reasonably represents the 2
calendar day for purposes of sampling. For pollutants with limitations 3
expressed in units of mass, the daily discharge is calculated as the total mass of 4
the pollutant discharged over the day. For pollutants with limitations 5
expressed in other units of measurement, the daily discharge is calculated as 6
the average measurement of the pollutant over the day. 7
(22) “Pollutant” means dredged spoil, solid waste, incinerator residue, 8
sewage, garbage, sewage sludge, munitions, chemical wastes, biological 9
materials, radioactive materials, heat, wrecked or discarded equipment, rock, 10
sand, cellar dirt and industrial, municipal, and agricultural waste discharged 11
into water. 12
Sec. 2. 10 V.S.A. chapter 47, subchapter 3A is added to read: 13
Subchapter 3A. Concentrated Animal Feeding Operations 14
§ 1351. DEFINITIONS 15
As used in this subchapter: 16
(1) “Agricultural waste” means material originating or emanating from a 17
farm or imported onto a farm that contains sediments; minerals, including 18
heavy metals; plant nutrients; pesticides; organic wastes, including livestock 19
waste; animal mortalities; compost; feed, litter, and crop debris; waste oils; 20
pathogenic bacteria and viruses; thermal pollution; silage runoff; process 21

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VT LEG #380450 v.1
wastewater, untreated milk house waste; and any other farm waste as the term 1
“waste” is defined in subdivision 1251(12) of this chapter. 2
(2)(A) “Animal feeding operation” or “AFO” means a lot or facility, 3
other than an aquatic animal production facility, where the following 4
conditions are met: 5
(i) animals, other than aquatic animals, have been, are, or will be 6
stabled or confined and fed or maintained for a total of 45 days or more in any 7
12-month period; and 8
(ii) crops, vegetation, or forage growth are not sustained in the 9
normal growing season over any portion of the lot or facility. 10
(B) Two or more individual farms qualifying as an AFO that are 11
under common ownership and that adjoin each other or use a common area or 12
system for the disposal of waste shall be considered to be a single AFO if the 13
combined number of livestock or domestic fowl on the combined farm 14
qualifies the combined farm as a large CAFO as defined in subdivision (11) of 15
this section or as a medium CAFO as defined in subdivision (14) of this 16
section. 17
(3) “Concentrated animal feeding operation” or “CAFO” means an AFO 18
that is defined as a large CAFO, a medium CAFO, or a small CAFO. 19

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VT LEG #380450 v.1
(4) “Land application area” means the area under the c