State Codes and Statutes

Statutes > Vermont > Title-10 > Chapter-47 > 1264c

§ 1264c. Local community implementation fund

(a)(1) There is created, pursuant to subchapter 5 of chapter 7 of Title 32, a local community implementation fund to finance municipal administrative, capital, and management needs related to:

(A) the development and implementation of total maximum daily load plans and water quality remediation plans in stormwater-impaired waters of the state; and

(B) the construction, renovation, or repair of orphan stormwater systems.

(2) The fund shall be administered by the secretary of natural resources through the facilities engineering division.

(b) Deposits shall be made to the fund from monies appropriated by the general assembly and from any other source, public or private. Unexpended balances and interest earned on the fund shall not revert to the general fund, but shall be retained in the fund for use in accordance with the purposes of the fund.

(c) The secretary shall make disbursements from the fund for the development and implementation of total maximum daily load plans and water quality remediation plans in stormwater-impaired waters of the state pursuant to annual agreements between the municipality and the secretary. The annual agreements shall identify the activities to be completed in the development and implementation of impaired watershed remediation activities. The secretary shall allocate monies in the fund for the development and implementation of total maximum daily load plans and water quality remediation plans equally among the municipalities of the state in which a portion of a stormwater-impaired watershed is located.

(d) There is established an orphan stormwater system pilot program in the agency of natural resources under which the secretary may award a municipality a state grant from the fund for the capital costs associated with the construction, renovation, or repair of an orphan stormwater system, provided that:

(1) The municipality agrees to become an applicant or co-applicant on the stormwater permit for the orphan stormwater system, agrees to apply for and be responsible for future permits for the orphan stormwater system, and agrees to be responsible for operating and maintaining the permitted stormwater system; and

(2) The orphan stormwater system for which the municipality is an applicant or co-applicant for a grant meets the financial and technical criteria established by the secretary of natural resources by procedure. The financial and technical criteria adopted by the secretary shall include criteria addressing eligibility based on property value, residency, and environmental impact.

(e) As used in this section, "orphan stormwater system" means a stormwater system:

(1) that serves a residential subdivision;

(2) that operates under an expired stormwater discharge permit;

(3) that does not discharge to a stormwater-impaired watershed; and

(4) for which the original permittee, in the discretion of the secretary of natural resources, is no longer associated with the system. (Added 2003, No. 140 (Adj. Sess.), § 4; amended 2005, No. 154 (Adj. Sess.), § 5, eff. May 17, 2006.)

State Codes and Statutes

Statutes > Vermont > Title-10 > Chapter-47 > 1264c

§ 1264c. Local community implementation fund

(a)(1) There is created, pursuant to subchapter 5 of chapter 7 of Title 32, a local community implementation fund to finance municipal administrative, capital, and management needs related to:

(A) the development and implementation of total maximum daily load plans and water quality remediation plans in stormwater-impaired waters of the state; and

(B) the construction, renovation, or repair of orphan stormwater systems.

(2) The fund shall be administered by the secretary of natural resources through the facilities engineering division.

(b) Deposits shall be made to the fund from monies appropriated by the general assembly and from any other source, public or private. Unexpended balances and interest earned on the fund shall not revert to the general fund, but shall be retained in the fund for use in accordance with the purposes of the fund.

(c) The secretary shall make disbursements from the fund for the development and implementation of total maximum daily load plans and water quality remediation plans in stormwater-impaired waters of the state pursuant to annual agreements between the municipality and the secretary. The annual agreements shall identify the activities to be completed in the development and implementation of impaired watershed remediation activities. The secretary shall allocate monies in the fund for the development and implementation of total maximum daily load plans and water quality remediation plans equally among the municipalities of the state in which a portion of a stormwater-impaired watershed is located.

(d) There is established an orphan stormwater system pilot program in the agency of natural resources under which the secretary may award a municipality a state grant from the fund for the capital costs associated with the construction, renovation, or repair of an orphan stormwater system, provided that:

(1) The municipality agrees to become an applicant or co-applicant on the stormwater permit for the orphan stormwater system, agrees to apply for and be responsible for future permits for the orphan stormwater system, and agrees to be responsible for operating and maintaining the permitted stormwater system; and

(2) The orphan stormwater system for which the municipality is an applicant or co-applicant for a grant meets the financial and technical criteria established by the secretary of natural resources by procedure. The financial and technical criteria adopted by the secretary shall include criteria addressing eligibility based on property value, residency, and environmental impact.

(e) As used in this section, "orphan stormwater system" means a stormwater system:

(1) that serves a residential subdivision;

(2) that operates under an expired stormwater discharge permit;

(3) that does not discharge to a stormwater-impaired watershed; and

(4) for which the original permittee, in the discretion of the secretary of natural resources, is no longer associated with the system. (Added 2003, No. 140 (Adj. Sess.), § 4; amended 2005, No. 154 (Adj. Sess.), § 5, eff. May 17, 2006.)


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State Codes and Statutes

Statutes > Vermont > Title-10 > Chapter-47 > 1264c

§ 1264c. Local community implementation fund

(a)(1) There is created, pursuant to subchapter 5 of chapter 7 of Title 32, a local community implementation fund to finance municipal administrative, capital, and management needs related to:

(A) the development and implementation of total maximum daily load plans and water quality remediation plans in stormwater-impaired waters of the state; and

(B) the construction, renovation, or repair of orphan stormwater systems.

(2) The fund shall be administered by the secretary of natural resources through the facilities engineering division.

(b) Deposits shall be made to the fund from monies appropriated by the general assembly and from any other source, public or private. Unexpended balances and interest earned on the fund shall not revert to the general fund, but shall be retained in the fund for use in accordance with the purposes of the fund.

(c) The secretary shall make disbursements from the fund for the development and implementation of total maximum daily load plans and water quality remediation plans in stormwater-impaired waters of the state pursuant to annual agreements between the municipality and the secretary. The annual agreements shall identify the activities to be completed in the development and implementation of impaired watershed remediation activities. The secretary shall allocate monies in the fund for the development and implementation of total maximum daily load plans and water quality remediation plans equally among the municipalities of the state in which a portion of a stormwater-impaired watershed is located.

(d) There is established an orphan stormwater system pilot program in the agency of natural resources under which the secretary may award a municipality a state grant from the fund for the capital costs associated with the construction, renovation, or repair of an orphan stormwater system, provided that:

(1) The municipality agrees to become an applicant or co-applicant on the stormwater permit for the orphan stormwater system, agrees to apply for and be responsible for future permits for the orphan stormwater system, and agrees to be responsible for operating and maintaining the permitted stormwater system; and

(2) The orphan stormwater system for which the municipality is an applicant or co-applicant for a grant meets the financial and technical criteria established by the secretary of natural resources by procedure. The financial and technical criteria adopted by the secretary shall include criteria addressing eligibility based on property value, residency, and environmental impact.

(e) As used in this section, "orphan stormwater system" means a stormwater system:

(1) that serves a residential subdivision;

(2) that operates under an expired stormwater discharge permit;

(3) that does not discharge to a stormwater-impaired watershed; and

(4) for which the original permittee, in the discretion of the secretary of natural resources, is no longer associated with the system. (Added 2003, No. 140 (Adj. Sess.), § 4; amended 2005, No. 154 (Adj. Sess.), § 5, eff. May 17, 2006.)


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