State Codes and Statutes
Statutes > Vermont > Title-10 > Chapter-47 > 1252
§ 1252. Classification of waters; mixing zones
(a) The state adopts, for the purposes of classifying its waters, the following classes and definitions thereof:
Class A. (1) Suitable for public water supply with disinfection when necessary; character uniformly excellent; or
(2) High quality waters which have significant ecological value.
Class B. Suitable for bathing and recreation, irrigation and agricultural uses; good fish habitat; good aesthetic value; acceptable for public water supply with filtration and disinfection.
(b) The secretary may establish mixing zones or waste management zones as necessary in the issuance of a permit in accordance with this section and criteria established by board rule. The board shall adopt these rules by July 1, 1994. Those waters authorized under this chapter, as of July 1, 1992, to receive the direct discharge of wastes which prior to treatment contained organisms pathogenic to human beings are designated waste management zones for those discharges. Those waters that as of July 1, 1992 are Class C waters into which no direct discharge of wastes that prior to treatment contained organisms pathogenic to human beings is authorized, shall become waste management zones for any municipality in which the waters are located that qualifies for a discharge permit under this chapter for those wastes prior to July 1, 1997.
(c) Upon issuance or renewal of any discharge permit, subsequent to July 1, 1992, involving a discharge into a waste management zone created pursuant to subsection (b) of this section, the secretary shall adjust the size of the waste management zone to the extent necessary to accommodate the authorized discharge.
(d) Prior to the initial authorization of a new waste management zone, except those created pursuant to subsection (b) of this section, or prior to the expansion of the size of an existing zone created under this section, in order to accommodate an increased discharge, the secretary shall:
(1) Prepare a draft permit which includes a description of the proposed waste management zone prior to publishing the notice required by subdivision (2) of this subsection.
(2) Publish notice in both a local newspaper generally circulating in the area where the affected waters are located and a separate newspaper generally circulating throughout the state not less than 21 days prior to the public hearing required by this subsection. The notice shall describe the draft permit and proposed waste management zone and provide for the opportunity to file written comment for not less than seven days following the hearing.
(3) Forward copies of the notice, the draft permit and the description of the proposed waste management zone to any municipality and regional planning commission within the area where the affected waters are located not less than 21 days prior to the hearing. The notice, the draft permit and the description of the waste management zone shall also be provided to any person upon request.
(4) Hold a public hearing convenient to the waters affected.
(5) Give due consideration to the cumulative impact of overlapping waste management zones.
(6) Determine that the creation or expansion of such a waste management zone is in the public interest after giving due consideration to the factors specified in subdivisions 1253(e)(1) through (10) of this title.
(7) Determine that the creation or expansion of such a zone will not:
(A) Create a public health hazard; or
(B) Constitute a barrier to the passage or migration of fish or result in an undue adverse effect on fish, aquatic biota or wildlife; or
(C) Interfere with those uses which have actually occurred on or after November 28, 1975, in or on a water body, whether or not the uses are included in the standard for classification of the particular water body; or
(D) Be inconsistent with the anti-degradation policy in the water quality standards.
(8) Provide a written explanation with respect to subdivisions (5) through (7) of this subsection.
(e) The board shall adopt standards of water quality to achieve the purposes of the water classifications. Such standards shall be expressed in detailed water quality criteria, taking into account the available data and the effect of these criteria on existing activities, using as appropriate: (1) numerical values, (2) biological parameters; and (3) narrative descriptions. These standards shall establish limits for at least the following: alkalinity, ammonia, chlorine, fecal coliform, color, nitrates, oil and grease, dissolved oxygen, pH, phosphorus, temperature, all toxic substances for which the United States Environmental Protection Agency has established criteria values and any other water quality parameters deemed necessary by the board.
(f) The board may issue declaratory rulings regarding these standards.
(g) Notwithstanding the provisions of subsection 1259(c) of this title and rules implementing that subsection, the secretary may issue a discharge permit pursuant to section 1263 of this title, for a municipal discharge of treated municipal waste into Class B waters, if that municipal discharge was established prior to January 1, 1974 and was, as of January 1, 1990, occurring pursuant to authorization contained in an assurance of discontinuance.
(h) A discharge permit issued pursuant to subsection (g) of this section may not authorize an increase in mass pollutant loading beyond that contained in the assurance of discontinuance. (Amended 1961, No. 101; 1964, No. 37 (Sp. Sess.), § 3; 1967, No. 181, § 1, eff. April 17, 1967; 1973, No. 103, § 3, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 5, eff. May 17, 1986; 1989, No. 278 (Adj. Sess.), § 5; 1991, No. 211 (Adj. Sess.), § 2.)
