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BILL AS INTRODUCED 2007-2008

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H.707

Introduced by   Representatives Helm of Castleton, Pellett of Chester, Canfield of Fair Haven, Godin of Milton, Johnson of South Hero, Morley of Barton, Trombley of Grand Isle and Turner of Milton

Referred to Committee on

Date:

Subject:  Conservation; water pollution; pollution abatement facilities; emergency response plans

Statement of purpose:  This bill proposes to delay until July 1, 2010 enforcement of the requirement that a pollution abatement facility prepare and implement an operation, management, and emergency response plan to address sewage spills from the facility.  The bill would also provide appropriations to be available to pollution abatement facilities for the development and implementation of emergency response plans.

AN ACT RELATING TO EMERGENCY RESPONSE PLANS FOR POLLUTION ABATEMENT FACILITIES

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


Sec. 1.  10 V.S.A. § 1278 is amended to read:

§ 1278.  OPERATION, MANAGEMENT, AND EMERGENCY RESPONSE

               PLANS FOR POLLUTION ABATEMENT FACILITIES

(a)  Findings.  The general assembly finds that the state shall protect Vermont's lakes, rivers, and streams from pollution by implementing programs to prevent sewage spills to Vermont waters and by requiring emergency planning to limit the damage from spills which do occur.

(b)  Planning requirement.  Effective July 1, 2007, the secretary of natural resources shall, upon renewal of a permit issued under section 1263 of this title, require a pollution abatement facility, as that term is defined in section 1571 of this title, to prepare and implement an operation, management, and emergency response plan for each permitted facility.  An operation, management, and emergency response plan shall include the following:

(1)  Identification of those elements of the facility, including collection systems that are determined to be prone to failure based on installation, age, design, or other relevant factors.

(2)  Identification of those elements of the facility identified under subdivision (1) of this subsection which, if one or more failed, would result in a significant release of untreated or partially treated sewage to surface waters of the state.

(3)  A requirement that the elements identified in subdivision (2) of this subsection shall be inspected in accordance with a schedule approved by the secretary of natural resources.

(4)  An emergency contingency plan to reduce the volume of a detected spill and to mitigate the effect of such a spill on public health and the environment.

(c)  The secretary of natural resources shall post publicly notice of an illegal discharge that may pose a threat to human health or the environment on its website within 24 hours of the agency's receipt of notification of the discharge.

(d)   Before July 1, 2010, a pollution abatement facility shall not be subject to enforcement under chapter 210 of this title or penalized in any manner for failure to comply with the requirements of subsection (b) of this section.

Sec. 2.  FUNDING OF DEVELOPMENT AND IMPLEMENTATION OF  EMERGENCY RESPONSE PLANS FOR POLLUTION

             ABATEMENT FACILITIES

In addition to any other funds appropriated in fiscal year 2008, there is appropriated $500,000.00 from the general fund to the Vermont pollution control revolving fund under 10 V.S.A. § 4753(a) to provide grants to pollution abatement facilities for the development and implementation of the emergency response plans required under 10 V.S.A. § 1278.  Pollution abatement facilities that developed and implemented emergency response plans prior to July 1, 2008 may apply to the agency of natural resource for reimbursement of the costs of developing and implementing a plan required under 10 V.S.A. § 1278.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us