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BILL AS INTRODUCED 2007-2008

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H.154

Introduced by   Representatives Kupersmith of S. Burlington, Pugh of S. Burlington, Audette of S. Burlington, Head of S. Burlington, Deen of Westminster and McCullough of Williston

Referred to Committee on

Date:

Subject:  Conservation; water pollution control; stormwater

Statement of purpose:  This bill proposes that the failure of a real estate subdivision to obtain, renew, or comply with the terms of a pretransition stormwater discharge permit shall not create an encumbrance on record title to real property within the real estate subdivision or affect marketability of title of real property within the real estate subdivision, provided that the stormwater system for the subdivision is transferred to a properly formed stormwater utility.  The bill would also extend to 2008 the deadline date for the agency of natural resources’ completion of the total maximum daily load plans for the 17 stormwater-impaired waters of the state.  Similarly, the bill would extend until 2008 the sunset for the interim stormwater permitting program and the notice of deferral provision for transfer of real estate in stormwater-impaired watersheds.

AN ACT RELATING TO STORMWATER MANAGEMENT

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

Sec. 1.  27 V.S.A. § 614 is added to read:

§ 614.  TRANSFER OF STORMWATER DISCHARGE PERMITS TO

             STORMWATER UTILITY

(a)  The failure of a real estate subdivision to obtain, renew, or comply with the terms of a pretransition stormwater discharge permit shall not create an encumbrance on record title to real property within the real estate subdivision or affect marketability of title of real property within the real estate subdivision, provided that:

(1)  A municipal stormwater utility formed pursuant to the requirements of chapter 105 of Title 24 assumes responsibility for the permitting of the stormwater system that serves the real estate subdivision; and

(2)  Property owners within the real estate subdivision record in the land records:

(A)  The deed or other legal document of conveyance of the stormwater system to the utility; and

(B)  A notice indicating that the stormwater utility has assumed responsibility for the permitting of the stormwater system located in the real estate subdivision.

(b)  The definitions found in section 1264 of Title 10 and subsection 613(a) of this title apply to this section unless otherwise indicated.


Sec. 2.  10 V.S.A. § 1264(f)(3) is amended to read:

(3)  By September 30, 2007 2008, the secretary shall issue a watershed improvement permit, submit a TMDL to the EPA for approval, or establish 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 TMDL, or 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. 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 2008.

(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 2008.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us