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BILL AS INTRODUCED 2007-2008

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H.494

Introduced by   Representatives Bray of New Haven and Jewett of Ripton

Referred to Committee on

Date:

Subject:  Conservation and development; potable water supply and wastewater system

Statement of purpose:  This bill proposes to extend the date on which the agency of natural resources assumes jurisdiction over the permitting of all potable water supply and wastewater systems.

AN ACT RELATING TO ON‑SITE PUBLIC WATER SUPPLY AND WASTEWATER TREATMENT

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

Sec. 1.  10 V.S.A. § 1974 is amended to read:

§ 1974.  SINGLE-FAMILY RESIDENCES ON THEIR OWN INDIVIDUAL

              LOTS

* * *

(c)  A substantially completed single-family residence on its own individual lot, and its substantially completed associated potable water supply and wastewater system, is exempt from the permitting requirements of this chapter, provided that the lot on which the residence is located was in existence as of the effective date of this act and was exempt from the subdivision permitting requirements that existed on that date.  This exemption shall remain in effect unless and until:

(1)  the lot is subdivided and the resulting lots are not exempt under the applicable rules in existence at the time of subdivision; or

(2)  any other action for which a permit is required under this chapter occurs after July 1, 2007 2009.

* * *

(e)  A permit is not required for the addition of one or more bedrooms or any other attached exterior horizontal expansion to a single-family residence on its own lot that was exempt from the subdivision permitting requirements that existed on June 13, 2002, provided that:

(1)  a fully complying replacement area has been identified by a licensed designer and a diagram identifying the location of that area is certified by the designer and filed in the land records; and

(2)  no other action for which a permit is required under this chapter occurs after July 1, 2007 2009.

* * *

Sec. 2.  10 V.S.A. § 1976(b) is amended to read:

(b)  As of July 1, 2007 2009, those provisions of municipal ordinances and zoning bylaws that regulate potable water supplies and wastewater systems are superseded by the provisions of this chapter and the rules adopted under this chapter.  However, to the extent that local ordinances and bylaws apply to potable water supplies and wastewater systems that are exempt from the permitting requirements of this chapter, and to the extent that those local ordinances and bylaws establish procedural requirements that are consistent with this chapter and the rules adopted under this chapter, those provisions of existing and any future ordinances or bylaws shall not be superseded in municipalities that receive delegation under this section.

Sec. 3.  10 V.S.A. § 1978(e)(4) is amended to read:

(4)  The annual reporting requirement shall end as of January 15, 2007 2009.

Sec. 4.  AGENCY OF NATURAL RESOURCES ALTERNATIVE

             WASTEWATER SYSTEM REPORT

On or before January 15, 2008, the agency of natural resources shall report to the house committee on fish, wildlife and water resources, the senate committee on natural resources and energy, the house committee on commerce, and the senate committee on finance regarding the alternative or innovative wastewater systems approved for use by the agency in difficult or noncomplying soils of the state.  The report shall include:

(1)  A list of innovative or alternative wastewater treatment system components or products that the agency of natural resources has approved for use in difficult or noncomplying soils, including at-grade systems, mound systems, recirculating sand filters, intermittent sand filters, waterless toilets together with greywater disposal systems, the Avantex textile treatment system, Ecoflow Biofilter peat treatment system, Presby Enviro-Septic

gravel-less distribution pipe, Flout floating outlet distribution box, and the Orenco Hydro-splitter mechanical distribution alternative to a distribution box.

(2)  A list of the alternative or innovative wastewater treatment systems that have been approved for use in each county of the state by the agency of natural resources.

(3)  A procedure that the agency of natural resources shall follow in responding to and aiding completion of applications for installation of innovative or alternative wastewater systems in difficult or noncomplying soils.

Sec. 5.  EXTENSION OF SUNSET OF MUNICIPAL ON-SITE

             WASTEWATER AND PUBLIC WATER SUPPLY AUTHORITY

Sec. 14 of No. 133 of the Acts of the 2001 Adj. Sess. (2002) is amended to read:

Sec. 14.  REPEAL

(a)  3 V.S.A. § 2873(c) (trailer camps and tent sites), 10 V.S.A. §§ 746 (establishing on-site program), 747 (describing program), 748 (municipal participation), and 749 (annual report), 10 V.S.A. chapter 61 (water supply and wastewater permits), 10 V.S.A. §§ 1265a (holding tanks), 6201(5) (definition of agency), 6232 (site plan review), 6233 (issuance of permit; revocation; appeals), 6234 (bonuses for improved facilities and layout), 6235 (basic regulations), and 6255 (failed potable water supplies and failed wastewater systems), and 18 V.S.A. §§ 1218 (authorizing subdivision regulations) and 1221b (recording and filing) are repealed.

(b)  3 V.S.A. § 2827 (site technician certification) is repealed 30 months after the effective date of the rules adopted by the secretary under 10 V.S.A. § 1978(a)(12) (governing designer licenses).

(c)  18 V.S.A. §§ 1218a (single lot subdivision), 1218b (exempt municipalities), 1218c (exempt municipalities with sewage ordinances), 1218d (exempt municipalities without sewage ordinances), and 1218e (sewer approval) are repealed as of July 1, 2007 2009.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us