Vermont H 731: An act relating to the water quality of the State

Bill Text

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VT LEG #386539 v.1
H.731 1
Introduced by Representative Sheldon of Middlebury 2
Referred to Committee on 3
Date: 4
Subject: Conservation and development; water quality; lakes; classification; 5
antidegradation 6
Statement of purpose of bill as introduced: This bill proposes to codify the 7
State antidegradation implementation policy in order to comply with federal 8
law, protect the waters of the State, and prevent degradation of waters. The 9
bill also establishes a new surface water classification system for inland lakes 10
and ponds to ensure that management of those waters serves the public good 11
by maximizing the functioning and health of littoral ecosystems. 12
An act relating to the water quality of the State 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 10 V.S.A. chapter 47, subchapter 1A is redesignated to read: 15
Subchapter 1A 1B. Notification of Sewage and Wastewater Discharges 16
Sec. 2. 10 V.S.A. chapter 47, subchapter 1A is added to read: 17
Subchapter 1A. Antidegradation Policy and Implementation 18
§ 1286. DEFINITIONS 19
As used in this subchapter: 20

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VT LEG #386539 v.1
(1) “Agency” means the Agency of Natural Resources. 1
(2) “Application” means any request for a permit required by State or 2
federal law when filed with, and deemed complete by, the reviewing authority. 3
(3) “Assimilative capacity” means a measure of the capacity of the 4
receiving waters to assimilate wastes without lowering their quality below the 5
applicable water quality criteria. 6
(4) “Cumulative impact” means the collective impact of all past and 7
present legal discharges within the watershed, upstream of the proposed point 8
of discharge and evaluated on an individual parameter basis. 9
(5) “Designated use” means any value or use, whether presently 10
occurring or not, that is specified in the management objectives for each class 11
of water as set forth in the Vermont Water Quality Standards or for each lake 12
class set forth under a lake classification under chapter 49, subchapter 2 of this 13
title. 14
(6) “Equilibrium conditions” means a balance between the water flow, 15
sediment and woody debris supplied to the stream system, and the stream 16
capacity to transport the sediment and debris loads. Equilibrium exists when 17
the stream maintains its dimension, pattern, and profile without unnaturally 18
aggrading or degrading at the river reach or valley segment scales. 19

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VT LEG #386539 v.1
(7) “Existing discharge” means any discharge to the extent authorized 1
by a valid permit issued under section 1263 or 1265 of this title before January 2
7, 1985. 3
(8) “Existing use” means a use that has actually occurred on or after 4
November 28, 1975, in or on waters, whether or not the use is included in the 5
standard for classification of the waters, and whether or not the use is presently 6
occurring. 7
(9) “High quality waters” means those waters the existing quality of 8
which exceeds any applicable water quality criteria and that provide important 9
environmental, economic, social, and other benefits to the persons of the State. 10
(10) “New discharge” means any discharge not authorized under section 11
1263 of this title as of January 7, 1985, or any increased pollutant loading or 12
demand on the assimilative capacity of the receiving waters from an existing 13
discharge that requires the issuance of a new or amended permit. 14
(11) “NPDES” means the National Pollutant Discharge Elimination 15
System Program established by the federal Clean Water Act to permit certain 16
discharges of pollutants to waters. 17
(12) “Outstanding resource waters” means those waters designated 18
under section 1424a of this title. 19

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VT LEG #386539 v.1
(13) “Parameter” means a chemical, physical, or biological 1
characteristic that is used to assess conditions and that is contained as narrative 2
or numeric criteria in Vermont’s Water Quality Standards. 3
(14) “Permit” means a certification, order, or other authorization in 4
which, during the application review process, compliance with the Vermont 5
Water Quality Standards is evaluated pursuant to applicable State or federal 6
law. 7
(15) “Policy” means Vermont’s antidegradation policy set forth in this 8
subchapter. 9
(16) “Practicable” means an alternative is available and capable of being 10
completed after taking into consideration cost, existing technology, and 11
logistics in light of the overall purposes of the proposed activity. 12
(17) “Run-of-river” means flow downstream from a project or activity 13
that is equal to inflow on an instantaneous basis. A run-of-river project or 14
activity does not operate out of storage and, therefore, does not artificially 15
regulate flows downstream. 16
(18) “Standards” means the Vermont Water Quality Standards requir