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The Vermont Statutes Online
Title
10
:
Conservation and Development
Chapter
048
:
GROUNDWATER PROTECTION
Subchapter
006
:
GROUNDWATER WITHDRAWAL PROGRAM
§
1418. Groundwater withdrawal permit
(a) On and after
July 1, 2010, no person, for commercial or industrial uses, shall make a new or
increased groundwater withdrawal of more than 57,600 gallons a day from any
well or spring on a single tract of land or at a place of business without
first receiving from the secretary of natural resources a groundwater
withdrawal permit. The following shall constitute a "new or increased
withdrawal":
(1) The
expansion of any existing withdrawal through:
(A) additional
withdrawal from one or more new wells or springs; or
(B) an increase
in the rate of withdrawal from a well or spring above the maximum rate set
forth in any existing permit issued by the secretary of natural resources under
this section; or
(2) For
previously unpermitted withdrawals, an increase in the rate of withdrawal after
July 1, 2010 from a well or spring on a single tract of land or at a place of
business of 25 percent of the baseline withdrawal or an increase of 57,600
gallons of groundwater withdrawn, whichever is smaller.
(3) For the
purposes of this subsection, the baseline withdrawal shall be the highest
amount withdrawn by a person between 2005 and 2010.
(b) The
following are exempt from the permitting requirements of this section:
(1) a groundwater
withdrawal for fire suppression or other public emergency purpose;
(2) domestic,
residential use;
(3) groundwater
withdrawal for farming;
(4) dairy
processors and milk handlers licensed in accordance with 6 V.S.A. § 2721;
(5) public water
systems, as that term is defined in section 1671 of this title; and
(6) closed loop,
standing column, or similar non-extractive geothermal heat pumps.
(c)(1) At least
30 days before filing an application for a permit under this section, the
applicant shall hold an informational hearing in the municipality in which the
withdrawal is proposed in order to describe the proposed project and to hear
comments regarding the proposed project. Public notice shall be given by
posting in the municipal offices of the town in which the withdrawal is
proposed and by publishing in a local newspaper at least 10 days before the
meeting.
(2) On or before
the date of filing with the secretary of natural resources an application for a
permit under this section, an applicant for a withdrawal under this section
shall notify:
(A) the clerk,
legislative body, and any conservation commission in the municipality in which
the proposed withdrawal is located;
(B) adjoining
municipalities;
(C) the regional
planning commission in the region where the proposed withdrawal is located;
(D) all
landowners and mobile home park residents within the zone of influence of a
groundwater withdrawal or within one quarter mile downstream from a withdrawal
from a spring. Notice to the officers of a condominium association shall be
deemed sufficient under this subdivision for notice to residents of a
condominium; and
(E) any public
water systems permitted by the agency of natural resources in the municipality
where the proposed withdrawal is located.
(3) The
applicant shall publish notice of the application in a newspaper of general
circulation in the area in which the withdrawal is proposed and shall post a
copy of the notice in the municipal clerk's office in the municipality in which
the withdrawal is located.
(4) On its own
motion or on receipt of a written request, the agency shall hold a public
meeting in the municipality in which the withdrawal is proposed in order to
describe the proposed project and to hear comments regarding the proposed
project. Opportunity shall be given all participants at a public meeting to ask
questions and comment on all issues involved. The agency shall prepare a
responsiveness summary for each public meeting conducted. Public notice shall
be given by posting in the municipal offices of the town in which the
withdrawal is proposed and by publishing in a local newspaper at least 10 days
before the meeting.
(5) No defect in
the form or substance of any notice requirements in subdivision (1), (2), (3),
or (4) of this subsection shall invalidate an application for a permit under
this section provided that reasonable efforts are made to provide adequate
posting and notice. An application for a permit under this section shall be
invalid when a defective posting or notice was materially misleading in
content. If an action is ruled to be invalid by the environmental division, the
applicant may reapply and provide new posting and notice.
(d) Application
for a permit shall be on a form prepared by the secretary. An application
shall, at a minimum, contain the information necessary to make the
determinations contained in subsection (e) of this section, and the following:
(1) the purpose
for the withdrawal;
(2) the location
and source of the withdrawal;
(3) the amount
of the proposed withdrawal, including estimates of the projected mean and peak
daily, monthly, and annual withdrawals;
(4) the place of
the proposed return flow of withdrawn water;
(5) the
estimated amount of water that will not be returned to the watershed where the
proposed withdrawal is located;
(6) the
location, demand on, and yield of existing sources of groundwater and surface
water utilized by the applicant; and
(7) a brief
description of the alternative means considered for satisfying the applicant's stated
use for water.
(e) The
secretary shall not issue a permit for a new or increased groundwater
withdrawal unless the secretary determines:
(1) that the
proposed withdrawal is planned in a fashion that provides for efficient use of
the water;
(2) that the
proposed withdrawal, in combination with other existing withdrawals, will meet
the standards set by the secretary of natural resources in rule for
establishing a safe yield in the area of the withdrawal;
(3) that the
proposed withdrawal is consistent with the town or regional plan in which the
proposed withdrawal is located, and with any duly adopted state policy to
manage groundwater as a shared resource for the benefit of all citizens of the
state, including any policies and programs of the state of Vermont regarding
long-range planning, management, allocation, and use of groundwater and surface
water in effect at the time the application for the withdrawal is filed;
(4) that the
proposed withdrawal will not have an undue adverse effect on existing uses of
water dependent on the same water source;
(5) that the
proposed withdrawal will not have an undue adverse effect on a public water
system permitted by the agency of natural resources;
(6) that the
proposed withdrawal will not have an undue adverse effect on significant
wetlands under the Vermont wetland rules or on other water resources
hydrologically interconnected with the well or spring from which the proposed
withdrawal would be made;
(7) that the
proposed withdrawal will not violate the Vermont water quality standards; and
(8) any other
consideration that the secretary determines necessary for the conservation of
water or protection of groundwater quality.
(f) A permit
issued under this section shall be valid for the period of time specified in
the permit but not for more than 10 years. A permit issued under this section
shall include the following:
(1) that
groundwater withdrawals from a well or spring for drinking water supplies,
farming, or dairy processing shall be given priority over other uses during
times of shortage; and
(2) any other
condition that the secretary determines necessary for the conservation of water
or protection of groundwater quality.
(g) The
secretary may require any person withdrawing groundwater in the state to obtain
a permit under this section if the withdrawal is not exempt under subsection
(b) of this section and the secretary determines that the withdrawal violates
the Vermont water quality standards or has an undue adverse effect on an
existing use of groundwater, a public water system permitted by the agency of
natural resources, wetlands, or water resources hydrologically interconnected
with the well or spring from which the withdrawal occurs. The secretary shall
make a determination under this section based on review of the information set
forth under subsection (d) of this section that is readily available to the
secretary.
(h) A withdrawal
permit issued under this section may be transferred upon a change of ownership
of the facility or project for which the permit was issued, provided that the
new owner applies for an administrative amendment to the permit certifying its
agreement to comply with all terms and conditions of the transferred permit and
assume all other associated obligations.
(i) The
following groundwater withdrawals shall be deemed to comply with the public
trust requirements of the state for groundwater management and shall be
entitled to a presumption that the withdrawal complies with the public trust
requirements of the state:
(1) A
groundwater withdrawal permitted under this section;
(2) A
groundwater withdrawal for domestic, residential use;
(3) A
groundwater withdrawal for public water systems, except for a bottled water
facility operating under a source permit issued prior to the effective date of
this act, permitted under chapter 56 of this title;
(4) A
groundwater withdrawal for a potable water supply permitted under chapter 64 of
this title;
(5) A
groundwater withdrawal for farming conducted in compliance with the
requirements of chapter 215 of Title 6; and
(6) A
groundwater withdrawal by a dairy processor or milk handler licensed in
accordance with 6 V.S.A. § 2721.
(j) On or before
July 1, 2010, the secretary shall adopt rules to implement this section. When
rules are adopted by the secretary under this section, section 1415 of this
title shall be repealed. The rules adopted under this section shall include:
(1) requirements
for the mitigation of an undue adverse effect on drinking water supplies,
farming, public water systems, or any other affected use when the secretary
determines such an undue adverse effect is likely to occur due to a proposed
withdrawal;
(2) requirements
for the renewal of permits issued under this section.
(k) Nothing
contained in this subchapter shall be construed to alter or modify a right
under a deed or contract to access groundwater in this state. (Added 2007, No.
199 (Adj. Sess.), § 2, eff. June 9, 2008; amended 2009, No. 154 (Adj. Sess.), §
236.)