Vermont S 124: An act relating to the creation of the School Construction Aid Task Force

Bill Text

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VT LEG #384281 v.1
No. 67. An act relating to miscellaneous agricultural subjects.
(S.124)
It is hereby enacted by the General Assembly of the State of Vermont:
* * * Agency of Agriculture, Food, and Markets Regulation of Agricultural
Water Quality * * *
Sec. 1. 6 V.S.A. § 4810(d) is amended to read:
(d) Cooperation and coordination. The Secretary of Agriculture, Food and
Markets shall coordinate with the Secretary of Natural Resources in
implementing and enforcing programs, plans, and practices developed for
reducing and eliminating agricultural nonpoint source pollutants and
discharges from concentrated animal feeding operations. On or before July 1,
2016, the farms. The Secretary of Agriculture, Food and Markets and the
Secretary of Natural Resources shall revise the memorandum of understanding
for cooperate with the Secretary of Natural Resources in the implementation of
the federal Clean Water Act for Concentrated Animal Feeding Operations
(CAFOs). The Secretary of Agriculture, Food and Markets shall implement
the State’s comprehensive, complimentary nonpoint source program
describing. The Secretary of Agriculture, Food, and Markets and the Secretary
of Natural Resources shall coordinate regarding program administration,; grant
negotiation,; grant sharing, and how they will coordinate; implementation of
the antidegradation policy including to new sources of agricultural nonpoint
source pollutants, and watershed planning activities to comply with Pub. L.

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No. 92-500. The memorandum of understanding shall describe how the
agencies will implement the antidegradation implementation policy, including
how the agencies will apply the antidegradation implementation policy to new
sources of agricultural nonpoint source pollutants. The Secretary of
Agriculture, Food and Markets and the Secretary of Natural Resources shall
also develop a memorandum of understanding according to the public notice
and comment process of 10 V.S.A. § 1259(i) regarding the implementation of
the federal Concentrated Animal Feeding Operation Program and the
relationship between the requirements of the federal Program and the State
agricultural water quality requirements for large, medium, and small farms
under this chapter. The memorandum of understanding shall describe Program
administration, permit issuance, an appellate process, and enforcement
authority and implementation. In accordance with 10 V.S.A. § 1259(i), the
Secretary of Natural Resources, in consultation with the U.S. Environmental
Protection Agency and the Secretary of Agriculture, Food and Markets, shall
issue a document that sets forth the respective roles and responsibilities of the
Agency of Natural Resources in implementing the federal Clean Water Act on
farms and the Agency of Agriculture, Food and Markets’ roles and
responsibilities in implementing the State’s complementary nonpoint source
program on farms. The memorandum of understanding document shall be
consistent with and equivalent with the federal National Pollutant Discharge
Elimination System permit regulations for discharges from concentrated

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animal feeding operations CAFOs. The document will replace the
memorandum of understanding between the agencies. The allocation of duties
under this chapter between the Secretary of Agriculture, Food and Markets and
the Secretary of Natural Resources shall be consistent with the Secretary’s
duties, established under the provisions of 10 V.S.A. § 1258(b), to comply
with Pub. L. No. 92-500. The Secretary of Natural Resources shall be the
State lead person in applying for federal funds under Pub. L. No. 92-500 but
shall consult with the Secretary of Agriculture, Food and Markets during the
process. The agricultural nonpoint source program may compete with other
programs for competitive watershed projects funded from federal funds. The
Secretary of Agriculture, Food and Markets shall be represented in reviewing
these projects for funding. Actions by the Secretary of Agriculture, Food and
Markets under this chapter concerning agricultural nonpoint source pollution
shall be consistent with the water quality standards and water pollution control
requirements of 10 V.S.A. chapter 47 and the federal Clean Water Act as
amended. In addition, the Secretary of Agriculture, Food and Markets shall
coordinate with the Secretary of Natural Resources in implementing and
enforcing programs, plans, and practices developed for the proper management
of composting facilities when those facilities are located on a farm. On or
before January 15, 2016, the The Secretary of Agriculture, Food and Markets
and the Secretary of Natural Resources shall each develop three separate
measures of the performance of the agencies under the memorandum of

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understanding required by this subsection. Beginning on January 15, 2017
federal Clean Water Ac