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H.89

Introduced by   Representatives LaVoie of Swanton, Parent of St. Albans City and Winters of Swanton

Referred to Committee on

Date:

Subject:  Conservation; stormwater; unimpaired watersheds

Statement of purpose:  This bill proposes to require the secretary of natural resources to identify every residential subdivision in the state that lacks a valid permit to discharge stormwater to state waters that are not principally impaired by regulated stormwater runoff.  The secretary also must notify each homeowner in a subdivision lacking a valid permit of the requirement to obtain a stormwater permit, the potential encumbrance on title caused by the failure to obtain a permit, and the procedure for obtaining the permit.  In addition, the bill provides that under the agency of natural resources general permit for previously permitted stormwater discharges to unimpaired waters, routine maintenance does not include the cleaning of a catch basin when the municipality in which the stormwater management system is located cleans the catch basin annually.

AN ACT RELATING TO STORMWATER DISCHARGES IN UNIMPAIRED WATERSHEDS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  NOTIFICATION OF RESIDENTIAL SUBDIVISIONS LACKING

            PERMIT TO DISCHARGE STORMWATER TO UNIMPAIRED

            WATERS

(a)  The secretary of natural resources shall identify every residential subdivision in the state that lacks a valid permit to discharge stormwater to state waters that are not principally impaired by regulated stormwater runoff.

(b)  By January 1, 2006, the secretary of natural resources shall notify the owner of each home in a residential subdivision identified under subsection (a) of this section of the:

(1)  Requirement to obtain a permit for the discharge of stormwater under section 1263 of Title 10 and the rules of the agency of natural resources under section 1264 of Title 10;

(2)  Encumbrance on record title to real estate and effect on marketability of title caused by failure to obtain a stormwater permit; and

(3)  Procedure for obtaining a stormwater discharge permit, including the ability to obtain the permit as an individual, a group of homeowners, or an owners’ association.

Sec. 2.  ROUTINE MAINTENANCE OF STORMWATER MANAGEMENT

             SYSTEM

Under subdivisions (B)(2)(e) and (B)(3)(f) of Part II of the agency of natural resources general permit 3-9010 for previously permitted stormwater discharges to waters that are not principally impaired by collected stormwater runoff, a stormwater system designer may issue a written statement that routine maintenance is not required to bring a stormwater system into compliance with the most recently issued permit even though the catch basins of the system require cleaning at the time of inspection if the municipality in which the stormwater management system is located cleans the basins annually as evidenced by a schedule provided by the municipality.

Sec. 3.  EFFECTIVE DATE

This act shall take effect from passage.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us