Print

The Vermont Statutes Online



Title

10

:
Conservation and Development






Chapter

056

:
PUBLIC WATER SUPPLY











 

§

1672. Authority of the agency of natural resources

(a) Except as

provided in subsections (c) through (f) of this section, to prevent and

minimize public health hazards, the secretary shall have authority over and

shall regulate the purity of drinking water, the adequacy, construction and

operation of public water systems, public water sources and public water source

protection areas.

(b) The

secretary may establish by rule, standards or requirements for:

(1) drinking

water quality. Such standards or requirements shall be at least as stringent as

the most recent national primary drinking water regulations, issued or

promulgated by the United States Environmental Protection Agency pursuant to

the Safe Drinking Water Act, 42 U.S.C. section 300f et seq.;

(2) the

construction, protection, testing and monitoring of public water sources;

(3) the design,

flows, construction, installation, operation and maintenance of new public

water systems;

(4) the design,

flows, construction, operation, maintenance and alteration, repair or extension

to an existing public water system;

(5) the approval

or denial of connections by public water systems;

(6) the ongoing

monitoring and testing of drinking water and public water systems to be

performed by a laboratory certified pursuant to 18 V.S.A. § 501b;

(7) public water

source protection areas;

(8) the

mitigation or prevention of public health risks arising from public water

sources, public water systems and public water source protection areas;

(9) [Deleted.]

(10) obtaining a

construction permit for a new water system. At a minimum, the water system

shall demonstrate that it possesses the long-term financial, managerial and

technical capability to operate and maintain a water system in conformance with

federal and state regulatory requirements.

(c) Nothing in

this chapter is intended to limit the authority of the agency of human

services, the commissioner of health or the board of health to manage the

public health of the state of Vermont. In adopting rules pursuant to this section,

the secretary shall submit the proposed rules to the secretary of human

services at least 30 days before filing them with the secretary of state under

3 V.S.A. chapter 25.

(d) Nothing in

this chapter is intended to limit or supersede the authority of the secretary

of agriculture, food and markets under the provisions of Title 6 and this

title. The secretary shall not manage or restrict agricultural activities or

other activities regulated by the secretary of agriculture, food and markets

without his or her consent. When adopting rules under this section, the

secretary shall consult with the secretary of agriculture, food and markets to

minimize any conflicts with that agency.

(e) Nothing in

this chapter is intended to limit or supersede the authority of the board of

health, the commissioner of health or local health officers under Title 18.

(f) Nothing in

this chapter is intended to limit the authority of the public service board

under the provisions of Title 30.

(g) If the

public service board does not concur with the rules proposed by the secretary,

the secretary shall publicize the comments submitted by the public service

board, at each step specified in 3 V.S.A. § 836, and the legislative committee

on administrative rules shall consider those comments. (Added 1991, No. 71, §

2; amended 1993, No. 2, § 1, eff. April 9, 1993; 1995, No. 103 (Adj. Sess.), §

7; 1997, No. 134 (Adj. Sess.), § 9; 2003, No. 42, § 2, eff. May 27, 2003; 2003,

No. 163 (Adj. Sess.), § 22; 2009, No. 56, § 27.)