Vermont § 1252 - Classification of high quality waters; mixing zones

§ 1252. Classification of high quality waters; mixing zones

• (a) The State adopts, for the purposes of individually classifying the uses of its high
  quality waters, the following classes and definitions: Class A(1): Waters in a natural condition that have significant ecological value; Class A(2): Waters that are suitable for a public water source with filtration and
  disinfection or other required treatment; character uniformly excellent. Class B(1): Waters in which one or more uses are of demonstrably and consistently
  higher quality than Class B(2) waters; or Class B(2): Waters that are suitable for swimming and other primary contact recreation;
  irrigation and agricultural uses; aquatic biota and aquatic habitat; good aesthetic
  value; boating, fishing, and other recreational uses and suitable for public water
  source with filtration and disinfection or other required treatment. (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 rule. Those waters authorized under this chapter, as of July 1, 1992, to receive
  the direct discharge of wastes that 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 and proceed in accordance with subsections 7713(c), (d), and (e) of this title. (2) Give due consideration to the cumulative impact of overlapping waste management zones. (3) 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. (4) 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 that 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. (5) Provide a written explanation with respect to subdivisions (2) through (4) of this
  subsection. (e) The Secretary 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 U.S. Environmental Protection Agency has established criteria
  values, and any other water quality parameters deemed necessary by the Board. (f) The Secretary 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; 2011, No. 138 (Adj. Sess.), § 21, eff. May 14, 2012; 2015, No. 79 (Adj. Sess.), § 1, eff. April 28, 2016; 2015, No. 150 (Adj. Sess.), § 15, eff. Jan. 1, 2018.)