BILL AS INTRODUCEDH.644
2002Page 1
H.644
Introduced by Representatives Angell of Randolph, Allard of St. Albans Town, Audette of South Burlington, Baker of West Rutland, Bostic of St. Johnsbury, Bourdeau of Hyde Park, Brown of Walden, Cleland of Northfield, Colvin of Bennington, Crawford of Burke, Duffy of Rutland City, Endres of Milton, George of Middlebury, Goodridge of Albany, Gray of Barre Town, Haas of Rutland City, Hall of Newport City, Helm of Castleton, Houston of Ferrisburgh, Howrigan of Fairfield, Hube of Londonderry, Hudson of Lyndon, Johnson of Canaan, Kainen of Hartford, Kennedy of Chelsea, Keogh of Burlington, Ketchum of Bethel, Kilmartin of Newport City, Kirker of Essex, Koch of Barre Town, LaBarge of Grand Isle, Larose of Richford, Larrabee of Danville, LaVoie of Swanton, Little of Shelburne, Livingston of Manchester, Mann of Leicester, Marron of Stowe, Maslack of Poultney, Mazur of South Burlington, Metzger of Milton, Monti of Barre City, Morrissey of Bennington, Mullin of Rutland Town, Myers of Essex, O'Donnell of Vernon, Palmer of Pownal, Quaid of Williston, Randall of Bradford, Rosenquist of Georgia, Schaefer of Colchester, Schiavone of Shelburne, Severance of Colchester, Shaw of Derby, Smith of New Haven, Starr of Troy, Stevens of Essex, Sweetser of Essex, Vinton of Colchester, Voyer of Morristown, Waite of Pawlet, Webster of Randolph, Willett of St. Albans City, Wood of Brandon, Winters of Williamstown, Wright of Burlington and Young of Orwell
Referred to Committee on
Date:
Subject: Conservation; water pollution; stormwater
Statement of purpose: This bill proposes to require the agency of natural resources to examine data used to include stormwaterimpaired waters on the state’s list of impaired waters, and remove nonimpaired waters after a notice and comment period. This bill further proposes that stormwater discharges that comply with the state’s stormwater procedures are deemed to comply with Vermont water quality standards. This bill further proposes that general permits and certificates of compliance from professional engineers are the primary method of implementing the enhanced stormwater program; it would require that changes to the stormwater management procedures be done, by rule, which shall be effective no earlier than July 1, 2003. This bill further proposes to supplement an ongoing stormwater management study to include examining stormwater utilities, and proposals for statutory authorization. This bill further proposes to require the agency of natural resources to develop public education and outreach on innovative and cost-effective stormwater management.
AN ACT RELATING TO CLEAN WATER AND THE MANAGEMENT OF COLLECTED STORMWATER RUNOFF
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. LEGISLATIVE FINDINGS
The General Assembly finds and declares that:
(1) The state’s continuing commitment to clean water is a key factor in preserving Vermont’s quality of life.
(2) No. 222 of the Acts of the 1981 Adj. Sess. (1982) enacted 10V.S.A. §1264 to authorize a distinct stormwater management program for the state. The legislature required the secretary of natural resources to prepare a plan for the management of collected stormwater runoff found to be deleterious to surrounding waters.
(3) Since the enactment of No. 222 of the Acts of the 1981 Adj. Sess. (1982), the legislature has required that the state’s stormwater management plan recognize that the runoff of stormwater is different from the discharge of sanitary and industrial wastes because of the influence of natural events on stormwater runoff, the variations in characteristics of those runoffs, and the increased streamflows and natural degradation of the receiving water quality at the time of discharge. Further, the General Assembly required that the plan shall be cost-effective and designed to minimize any adverse impact of stormwater runoff to waters of the state.
(4) Sec. 14 of No. 282 of the Acts of the 1987 Adj. Sess. (1988) amended the stormwater management statute to authorize the issuance of general permits for classes of stormwater permittees.
(5) In October 1991, the agency adopted rules authorizing the issuance of general permits for control of stormwater runoff. In 1996, to facilitate compliance with federal regulations relating to stormwater, the agency issued ANR General Permit #3-9001 for sites under federal jurisdiction, namely construction sites that would disturb an area of greater than five acres. That permit expires at the end of this year.
(6) The current permit requirements for stormwater discharges are specified by the Stormwater Management Procedures, which became effective in December 1997. These procedures replaced and updated those that were previously in place since 1987.
(7) The existing program requires a stormwater permit for sites with two acres of impervious surface in large watersheds and one acre of impervious surface in small watersheds.
(8) Stormwater permits are currently issued as individual discharge permits, with a renewal required every five years. The program issues approximately 80 stormwater permits per year.
(9) Due to the large number of stormwater permits issued each year, the program now has a backlog of approximately 1,000 expired permits. At the same time, the program must keep pace with new permit requests.
(10) Consequently, the public has been experiencing increasingly long turnaround times for permit reviews, a lack of personnel for compliance monitoring, and a lack of resources to evaluate watershed-wide solutions for stormwater-impaired receiving waters.
(11) No. 114 of the Acts of the 1999 Adj. Sess. (2000) substantially amended the state’s stormwater management statute, 10V.S.A. §1264, to require an enhanced program for the management of collected stormwater by February 2001.
(12) Sec. 5(a) of No. 114 of the Acts of the 1999 Adj. Sess. (2000) states: “Until the secretary has adopted rules implementing the enhanced program for management of stormwater runoff, the secretary’s existing program shall remain in effect, and may be amended by the secretary, under the authority of this section prior to the amendments included in this act.” The secretary has not yet adopted rules for the enhanced program.
(13) Sec. 5(b) of No. 114 of the Acts of the 1999 Adj. Sess. (2000) requires a municipal stormwater management study. The provision states: “The secretary shall conduct a study of stormwater management responsibilities suitable for implementation by municipalities and shall present to the legislature recommendations for promoting increased and cost effective municipal involvement in stormwater management. The study shall be conducted in cooperation with representatives of: municipal governments, the agency of transportation, conservation groups, fishing groups, the construction industry, agricultural interests, and the earth moving and shaping industry.” The secretary has not yet completed this study.
(14) The 1997 procedures are currently the state’s best management practices for control of collected stormwater runoff.
(15) In February 2001, the agency of natural resources filed a report with the Vermont General Assembly, entitled “Management of Stormwater in Vermont: Program and Policy Options.” Among other things, the report suggested that the 1997 procedures need updating. The report also suggested municipalities and state agencies need to become more involved in the local management of stormwater problems due to the diverse location and individual nature of the impacts.
(16) Sec. 44 of No. 61 of the Acts of the 2001 Session requires a stormwater management taskforce. The provision states: “The agency of natural resources shall continue to develop a plan for the improved management of stormwater in Vermont, and to involve the public and interested parties in its development. The agency shall continue to develop rules to implement the plan which was not presented in February 2001 as required. In order to ensure that the concerns of the public and interested parties are considered, the agency shall convene a task force of representatives of municipalities, state agencies, conservation groups, business and industry in the development of the stormwater rules required by 10V.S.A. §1264(d), and the chairs of the house and senate committees on institutions and natural resources and energy, or their designees. The task force shall meet at least six times between July 1, 2001 and January 1, 2002. Members of the general assembly shall be entitled to per diem and expenses in the same manner as provided to standing committees pursuant to 2V.S.A. §406.”
(17) Sec. 45 of No. 61 of the Acts of the 2001 Session requires a phosphorous reduction plan for Lake Champlain. The provision states: “The agency of natural resources shall develop a Total Maximum Daily Load (TMDL) plan for phosphorus in Lake Champlain. The TMDL plan shall establish phosphorus loading limits necessary to achieve compliance with the state’s water quality standards. Options for point source discharges may include additional phosphorus treatment and revisions to the existing exemptions in 10V.S.A. §1266a. The agency shall report on its progress to the house and senate committees on institutions by January 15, 2002, which shall share jurisdiction of this issue with the house and senate committees on natural resources and energy.”
(18) Recent litigation regarding stormwater discharges into Vermont waters has created great uncertainty and unpredictability for development of areas identified in local and regional plans as appropriate for growth.
(19) There are approximately 126 surface water bodies on a list of impaired waters in Vermont, known as the Section 303(d) list, a
federally-required list updated every two years.
(20) Currently, there are about 26 surface water bodies in Vermont that are impaired primarily by stormwater runoff.
(21) State and local highways are the largest contributors of stormwater runoff from impervious surface areas.
(22) Vermont is a state with limited resources, especially during an economic recession, to fund government programs.
(23) The issuance and enforcement of general permits and the use of professional engineer certifications of compliance are efficient and predictable tools by which to administer the enhanced stormwater program.
(24) The Vermont General Assembly needs to provide guidance on how to maintain or improve water quality, while continuing to encourage economic growth.
* * * Review of Impaired Waters List * * *
Sec. 2. REVIEW OF IMPAIRED WATERS LIST
(a) The agency of natural resources shall use its current water quality assessment methodology to conduct a review of the data used to include alleged stormwater-impaired waters on the state’s List of Impaired Waters.
(b) The agency shall remove from the state’s Section 303(d) list, on or before April 30, 2002, any water bodies allegedly impaired primarily by stormwater runoff, where the secretary determines, after providing the public with notice and a 30-day opportunity to comment, that:
(1) the subject waters do not qualify for listing on the state’s Section 303(d) list, based upon a review of the water quality data using the agency’s current water quality assessment methodology; or
(2) technological controls will bring the subject waters into compliance with the Vermont water quality standards in the absence of total maximum daily load (TMDL) or wasteload allocation plans.
(c) Until the agency has conducted the review required by this section, an owner or operator of property employing technological controls consistent with the agency’s stormwater management procedures, issued in December 1997, shall not be prohibited from obtaining a permit to discharge stormwater into waters listed on the state’s Section 303(d) list, including cases where there is no state TMDL or wasteload allocation providing for an increased discharge.
Sec. 3. 10 V.S.A. § 1264(g) is added to read:
(g) Stormwater discharges from properties that comply with the agency’s stormwater management procedures of December 1997 shall be deemed to comply with the Vermont water quality standards for the receiving waters, including any waters that are water quality impaired or water quality limited.
Sec. 4. GENERAL PERMITS; CERTIFICATES OF COMPLIANCE
On or before April 30, 2002, the agency of natural resources shall issue and enforce general permits through the use of professional engineer certifications of compliance as the principal means to administer the enhanced stormwater program.
Sec. 5. EFFECTIVE DATE OF STORMWATER MANAGEMENT
GUIDELINES
Any changes to the stormwater management procedures of December 1997 shall be adopted only by rule, and such changes shall be effective no earlier than July 1, 2003.
Sec. 6. Section 5(b) of Act No. 114 of 2000 is amended to read:
(b) TheOn or before April 30, 2002, the secretary shall conduct a study of stormwater management responsibilities suitable for implementation by municipalities and shall present to the legislature recommendations for promoting increased and cost effective municipal involvement in stormwater management, including any proposed statutory changes necessary to authorize municipal or regional stormwater utilities. The study shall be conducted in cooperation with representatives of: municipal governments, the agency of transportation, conservation groups, fishing groups, the construction industry, agricultural interests, and the earth moving and shaping industry.
Sec. 7. PHOSPHOROUS TMDL FOR LAKE CHAMPLAIN
The agency of natural resources shall develop a total maximum daily load (TMDL) plan for phosphorus in Lake Champlain by April 1, 2002.
Sec. 8. PUBLIC EDUCATION AND OUTREACH
On or before January 15, 2003, the agency shall develop a program, and report to the General Assembly on its efforts to promote public education and participation among citizens and municipalities about cost-effective and innovative measures to reduce stormwater discharges to the waters of the state.
Sec. 9. EFFECTIVE DATE
This act shall take effect upon passage.