§ 1679 - Public water source protection areas - Vermont Statutes

§ 1679. Public water source protection areas

(a) The secretary shall, after review by the groundwater coordinating committee established in 10 V.S.A. § 1392(c), 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 section 3752 of Title 32, within public water source protection areas and for assuring that accepted 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.)