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H.154

AN ACT RELATING TO STORMWATER MANAGEMENT

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

Sec. 1.  10 V.S.A. § 1264(f) is amended to read:

(f)(1)  In a stormwater-impaired water, the secretary may issue:

(A)  An individual permit in a stormwater-impaired water for which no TMDL, water quality remediation plan, or watershed improvement permit has been established or issued, provided that the permitted discharge meets the discharge standard set by rule;

(B)  A watershed improvement permit, provided that the watershed improvement permit provides reasonable assurance of compliance with the Vermont water quality standards in five years;

(C)  A general or individual permit that is implementing a TMDL or water quality remediation plan; or

(D)  A statewide general permit for new discharges that the secretary deems necessary to assure attainment of the Vermont water quality standards.

(2)  An authorization to discharge regulated stormwater runoff pursuant to a permit issued under this subsection shall be valid for a time period not to exceed five years.  A person seeking to discharge regulated stormwater runoff after the expiration of that period shall obtain an individual permit or coverage under a general permit, whichever is applicable, in accordance with subsection 1263(e) of this title.

(3)  By September 30, 2007 January 15, 2010, the secretary shall issue a watershed improvement permit, submit a TMDL to the EPA for approval issue a general or individual permit implementing a TMDL approved by the EPA, or establish issue a general or individual permit implementing a water quality remediation plan for each of the stormwater-impaired waters on the Vermont Year 2004 Section 303(d) List of Waters required by 33 U.S.C. § 1313(d).  In developing a TMDL or a water quality remediation plan for a stormwater-impaired water, the secretary shall consult “A Scientifically Based Assessment and Adaptive Management Approach to Stormwater Management” and “Areas of Agreement about the Scientific Underpinnings of the Water Resources Board’s Original Seven Questions” set out in appendices A and B, respectively, of the final report of the water resources board’s “Investigation Into Developing Cleanup Plans For Stormwater Impaired Waters, Docket No. Inv-03-01,” issued March 9, 2004.  Beginning January 30, 2005 and until a watershed improvement permit, a general or individual permit implementing a TMDL, or a general or individual permit implementing a water quality remediation plan is set for each of the stormwater-impaired waters on the Vermont Year 2004 Section 303(d) List of Waters required by 33 U.S.C. § 1313(d), the secretary shall report annually to the general assembly on agency progress in establishing the watershed improvement permits, TMDLs, and water quality remediation plans for the stormwater-impaired waters of the state; on the accuracy of assessment and environmental efficacy of any stormwater impact fee paid to the state stormwater-impaired waters restoration fund; and on the efforts by the secretary to educate and inform owners of real estate in watersheds of stormwater-impaired waters regarding the requirements of the state stormwater law.

Sec. 2.  27 V.S.A. § 613(e) is amended to read:

(e)  This section shall not apply to any impaired watershed for which the secretary of natural resources has issued a watershed improvement permit, submitted issued an individual permit under a total maximum daily load approved by the U.S. Environmental Protection Agency, issued a general permit implementing a total maximum daily load to approved by the U.S. Environmental Protection Agency, or established issued a general or individual permit implementing a water quality remediation plan.

Sec. 3.  EXTENSION OF SUNSET OF INTERIM STORMWATER
 PERMITTING PROGRAM AND CONVEYANCE OF REAL
 ESTATE WITH STORMWATER PERMITS

Sec. 10 of No. 140 of the Acts of the 2003 Adj. Sess. (2004), as amended by Sec. 8 of No. 154 of the Acts of the 2005 Adj. Sess. (2006), is further amended to read:

Sec. 10.  SUNSET

(a)  Sec. 2 of this act (interim permitting authority for regulated stormwater runoff), except for subsection 1264a(e) of Title 10, shall be repealed on September 30, 2007 January 15, 2010.

(b)  Sec. 4 of this act (local communities implementation fund) shall be repealed on September 30, 2012.

(c)  Sec. 6 of this act (stormwater discharge permits during transition period) shall be repealed on September 30, 2007 January 15, 2010.

Sec. 4.  AGENCY OF NATURAL RESOURCES REPORT ON
 IMPLEMENTATION OF STORMWATER TMDLS

Beginning January 15, 2009, and every two years thereafter, the agency of natural resources’ report required under 10 V.S.A. § 1264(f)(3) regarding agency progress in establishing watershed improvement permits, TMDLs, or water quality remediation plans for the stormwater‑impaired waters of the state shall include a review and analysis of the effectiveness of any TMDL implemented by the agency of natural resources for a stormwater impaired water of the state.  Prior to issuing the report required under this section, the agency of natural resources shall hold a public hearing in each watershed of a stormwater impaired water for which a permit has been issued implementing a total maximum daily load.  The review and analysis required by this section shall include:

(1)  An assessment of the implementation plan for the TMDL based on available data, including an evaluation of the efficacy of the implementation plan;

(2)  An assessment of the hydrologic targets of the TMDL based on available data, including an evaluation of the adequacy of the hydrologic targets of the TMDL;

(3)  Recommendations, if any, for amending an implementation plan or reopening a TMDL.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us