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BILL AS INTRODUCED 2007-2008

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H.163

Introduced by Representatives Branagan of Georgia and LaVoie of Swanton

Referred to Committee on

Date:

Subject:  Conservation; water resources; stormwater

Statement of purpose:  This bill proposes to amend the orphan stormwater system pilot program to allow homeowners’ associations to apply for grants from the program.  In addition, the bill would appropriate $650,000.00 to the agency of natural resources to continue the orphan stormwater system pilot program.

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. § 1264c(d) is amended to read:

(d)  There is established an orphan stormwater system pilot program in the agency of natural resources under which the secretary may award a municipality or a legally created homeowners’ association a state grant from the fund for the capital costs associated with the construction, renovation, or repair of an orphan stormwater system, provided that:

(1)  The municipality applicant agrees to become an applicant or co‑applicant on the stormwater permit for the orphan stormwater system, agrees to apply for and be responsible for future permits for the orphan stormwater system, and agrees to be responsible for operating and maintaining the permitted stormwater system; and

(2)  The orphan stormwater system for which the municipality or homeowners’ association is an applicant or co-applicant for a grant meets the financial and technical criteria established by the secretary of natural resources by procedure.  The financial and technical criteria adopted by the secretary shall include criteria addressing eligibility based on property value, residency, and environmental impact.

Sec. 2.  10 V.S.A. § 1274 is amended to read:

§ 1274.  ENFORCEMENT

(a)  Notwithstanding any other provision or procedure set forth in this chapter, if the secretary finds that any person has discharged or is discharging any waste in violation of this chapter or that any person has failed to comply with any provisions of any order or permit issued in accordance with this chapter, the secretary may bring suit in the superior court in any county where the discharge or noncompliance has occurred to enjoin the discharge and to obtain compliance.  The suit shall be brought by the attorney general in the name of the state.  The court may issue a temporary injunction or order in any such proceedings and may exercise all the plenary powers available to it in addition to the power to:

(1)  Enjoin future discharges.

(2)  Order the design, construction, installation, or operation of pollution abatement facilities or alternate waste disposal systems.

(3)  Order the removal of all wastes discharged and the restoration of water quality.

(4)  Fix and order compensation for any public property destroyed, damaged, or injured.  Compensation for fish taken or destroyed shall be deposited into the fish and wildlife fund.

(5)  Assess and award punitive damages.

(6)  Levy civil penalties not to exceed $10,000.00 a day for each day of violation.

(7)  Order reimbursement to any agency of federal, state, or local government from any person whose discharge caused governmental expenditures.

* * *

(c)  An action, injunction, or other enforcement proceeding under this section or section 8003 of this title, relating to the failure to obtain or comply with the terms and conditions of any required state stormwater permit issued under section 1264 of this title, may be instituted against the alleged offender only if the action, injunction, or other enforcement proceeding is instituted within 15 years from the date the alleged violation first occurred and not thereafter.  The burden of proving the date the alleged violation first occurred shall be on the person against whom the enforcement action is instituted.

Sec. 3.  10 V.S.A § 8003(a) is amended to read:

§ 8003.  APPLICABILITY

(a)  The secretary may take action under this chapter to enforce the following statutes:

(1)  [Deleted.]

(2)  10 V.S.A. chapter 23, relating to air quality;

(3)  10 V.S.A. chapters 37, 47, and 56, relating to water pollution control, water quality standards, water resources management, and public water supply, except as set forth in subsection 1271(c) of this title;

* * *

Sec. 4.  APPROPRIATIONS

(a)  In FY2007, the amount of $600,000.00 is appropriated or transferred from the general fund to the local community implementation fund created under 10 V.S.A. § 1264c for use by the orphan stormwater system pilot program within the agency of natural resources for the purpose of awarding municipalities or homeowners’ associations grants for the costs associated with the construction, renovation, or repair of an orphan stormwater system.

(b)  In FY2007, $50,000.00 is appropriated or transferred from the general fund to the agency of natural resources for implementation and administration of the orphan stormwater system program under 10 V.S.A. § 1264c.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us