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Title

10

:
Conservation and Development






Chapter

056

:
PUBLIC WATER SUPPLY











 

§

1679. Public water source protection areas

(a) The

Secretary shall, after review by the groundwater coordinating committee

established in subsection 1392(c) of this title, adopt rules for the protection

of public water source protection areas. Rules adopted under this section may

include but are not limited to:

(1) the duties

of the Agency, other State agencies, consistent with their statutory mandates,

local government entities and owners of public water systems with respect to

the development and implementation of programs to protect public water sources;

(2) procedures

to determine the public water source protection area;

(3) procedures

to identify within each public water source protection area all potential

sources of contaminants which may have any adverse effect on the health of

persons;

(4) a program

that contains, as appropriate, technical assistance, financial assistance,

implementation of control measures, education, training and demonstration

projects to protect the public water source within the public water source

protection area; and

(5) contingency

plans for the provision of alternate drinking water supplies for each public

water system in the event of contamination or disruption.

(b) Rules

adopted by the Secretary under subsection (a) of this section shall complement

the classification requirements of chapter 48 of this title and the rules

adopted under that chapter.

(c) Rules

adopted by the Secretary under subsection (a) of this section shall include

provisions for the identification of agricultural lands, as defined in 32

V.S.A. § 3752, within public water source protection areas and for assuring

that required agricultural practices on those lands are not unduly restricted

by the development of the public water source protection area without the

consent of the owner of those agricultural lands. Prior to the adoption of

rules under this subsection, the Secretary shall consult with the Secretary of

Agriculture, Food and Markets and, if possible, obtain concurrence of the

Secretary of Agriculture, Food and Markets. If the Secretary of Agriculture,

Food and Markets does not concur, the Secretary of Agriculture, Food and

Markets shall state any objections in writing; and those objections shall be

included by the Secretary in filing the final proposed rule with the

Legislative Committee on Administrative Rules.

(d) The

Secretary shall give notice of each proposed public water source protection

area to the public by publication in a newspaper of general circulation for the

area containing the proposed protection area and by causing a notice to be

posted in the clerk's office for the municipality containing the proposed area.

The Secretary shall also give notice to adjoining landowners and all

appropriate officials of municipalities and State agencies. The Secretary shall

provide an opportunity for written comment or a public hearing, or both, on the

proposed area before designating the area. If the area is to be classified

under chapter 48 of this title, the classification procedures shall satisfy the

provisions of this subsection.

(e) Rules,

standards and criteria adopted by the Secretary under subsection (a) of this

section for the protection of public water sources shall allow for human

activity within the watershed of a public water source, provided that such

human activity does not constitute a public health hazard or a significant

public health risk. (Added 1991, No. 71, § 2; amended 1991, No. 256 (Adj.

Sess.), § 23, eff. June 9, 1992; 1995, No. 189 (Adj. Sess.), § 4; 2003, No. 42,

§ 2, eff. May 27, 2003; 2015, No. 64, § 13.)