ACT NO. 130
Water resources; Lake Champlain; stormwater; composting
This act postpones until July 2012 the requirement that the Agency of Natural Resources (ANR) reopen the Lake Champlain total maximum daily load (TMDL) plan. The act deletes the requirement, that as part of reopening the TMDL that phosphorus discharges from wastewater treatment plants be capped at the 2006 aggregate level. ANR is required to adopt by Jan. 15, 2010, a new implementation plan for the Lake Champlain TMDL. Beginning Jan. 13, 2013, ANR is required to amend and update the implementation plan every four years. ANR shall consult with interested parties in adopting and subsequently amending the implementation plan. ANR shall report to general assembly every four years regarding updates to the implementation plan. ANR shall report annually to the general assembly on the progress of the programs in the Clean and Clear Action Plan.
The act requires ANR to issue by October 1, 2008, a schedule for the issuance of the implementation plans for the five stormwater TMDLs approved by Enviromental Protection Agency (EPA). The schedule must propose dates by which the implementation plan for each EPA-approved TMDL will be issued, a summary of the potential alternatives for each implementation plan, and funding options for each alternative. The schedule shall be submitted to the municipalities with stormwater-impaired waters. The act also expressly authorizes the transfer of an expired stormwater permit to a municipality in a stormwater-impaired watershed that assumes responsibility for the permitting. Similarly, the act provides that a transfer of an expired stormwater permit to a municipality in a stormwater impaired watershed does not create an encumbrance on record title if the municipality assumes responsibility for the permit and the property owners record the transfer in the land records. The act deletes a dormant stormwater management fund and increases to 30 percent of the fund the maximum amount of funds available annually from the Vermont pollution control revolving fund for construction of stormwater management facilities.
The act clarifies the deadline date for implementation of an operation, management, and emergency response plan for component facilities of a wastewater treatment plant. By July 1, 2007, an operation, management, and emergency response plan is required for those portions of each pollution abatement facility that include the treatment facility, the sewage pumping stations, and the sewer line stream crossing. As of July 1, 2010, an operation, management, and emergency response plan is required for that portion of each pollution abatement facility that includes the sewage collection systems.
The act provides that a composting facility that holds a solid waste management certification issued after January 1, 2001 shall not be required to obtain an Act 250 permit or Act 250 permit amendment until July 1, 2010, unless: development at the facility exceeded the scope of the composting facilitys certification and was unapproved by ANR; or there is a substantial change at the composting facility, as it exists on the effective date of this act, that would require an Act 250 permit and such a change is not authorized by ANR. A composting facility that holds a solid waste certification from ANR issued after January 1, 2001 shall be allowed to continue operations until July 1, 2010, under the terms of the facilitys solid waste certification, an amendment to the certification, or an interim certification. Until July 1, 2010, a composting facility that holds a solid waste certification from ANR issued after January 1, 2001 shall not be subject to an enforcement order issued before the effective date of this act that requires the facility to obtain an Act 250 permit or that requires the facility to act contrary to an ANR-approved certification or requirements issued under the solid waste chapter of Title 10. On or before July 1, 2008, ANR shall convene a study committee to review the existing regulatory requirements for composting in the state and to recommend amendments or improvements to the existing composting rules. The composting study committee shall issue its recommendations to the general assembly. The act sunsets the two-year delay in regulatory enforcement of composting facilities on July 1, 2010, and clarifies that a composting facility that constitutes development under Act 250 shall be subject to Act 250 jurisdiction as of July 1, 2010. The act also amends the definition of solid waste under ANRs solid waste regulatory authority. High carbon bulking agents used in composting would be exempt from the definition of solid waste.
The act also requires ANR to report to the general assembly on or before February 1, 2009, with a status report on the development of incentives or disincentives for wastewater treatment plants to maintain the 2006 levels of phosphorus discharge to Lake Champlain.
Effective Date: The majority of the bill takes effect upon passage. The requirement to
reopen the Lake Champlain TMDL would take effect July 1, 2013. The section of the act addressing review of composting facilities takes effect upon passage and would apply retroactively to June 1, 1970.
The Vermont General Assembly
115 State Street