§1258. Management of waters after classification, enforcement

Link to law: http://legislature.vermont.gov/statutes/section/10/047/01258
Published: 2015

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The Vermont Statutes Online



Conservation and Development








1258. Management of waters after classification, enforcement

(a) After the

classification of any waters has been determined by the Secretary, those waters

shall be managed under the supervision of the Secretary in order to obtain and

maintain the classification established. The Secretary may enforce a

classification against any person affected thereby who, with notice of the

classification, has failed to comply. An action to enforce a classification

shall be brought in the Superior Court of the county wherein the affected

waters are located.

(b) The

Secretary shall manage discharges to the waters of the State by administering a

permit program consistent with the National Pollutant Discharge Elimination

System established by section 402 of Public Law 92-500 and with the guidelines

promulgated in accordance with section 304(h)(2) of Public Law 92-500. The

Secretary shall use the full range of possibilities and variables allowable

under these sections of Public Law 92-500, including general permits, as are

consistent with meeting the objectives of the Vermont Water Pollution Control

Program. The Secretary shall adopt a continuing planning process approvable

under section 303(e) of Public Law 92-500. Neither the Secretary nor his or her

duly authorized representative may receive or during the previous two years

have received a significant portion of his or her income directly or indirectly

from permit holders or applicants for a permit under this chapter. (Amended

1969, No. 252 (Adj. Sess.), § 6, eff. April 4, 1970; 1971, No. 185 (Adj.

Sess.), § 236, eff. March 29, 1972; 1973, No. 103, § 4, eff. April 24, 1973;

1981, No. 222 (Adj. Sess.), § 25; 1987, No. 282 (Adj. Sess.), § 12; 2011, No.

138 (Adj. Sess.), § 27, eff. May 14, 2012.)