Vermont § 1259 - Prohibitions

§ 1259. Prohibitions

• (a) No person shall discharge any waste, substance, or material into waters of the State,
  nor shall any person discharge any waste, substance, or material into an injection
  well or discharge into a publicly owned treatment works any waste that interferes
  with, passes through without treatment, or is otherwise incompatible with those works
  or would have a substantial adverse effect on those works or on water quality, without
  first obtaining a permit for that discharge from the Secretary. This subsection shall
  not prohibit the proper application of fertilizer to fields and crops, nor reduce
  or affect the authority or policy declared in Joint House Resolution 7 of the 1971
  Session of the General Assembly. (b) Any records or information obtained under this permit program that constitutes trade
  secrets under 1 V.S.A. § 317(c)(9) shall be kept confidential, except that such records or information may be disclosed
  to authorized representatives of the State and the United States when relevant to
  any proceedings under this chapter. (c) No person shall cause a direct discharge into Class A waters of any wastes that, prior
  to treatment, contained organisms pathogenic to human beings. Except within a waste
  management zone, no person shall cause a direct discharge into Class B waters of any
  wastes that prior to treatment contained organisms pathogenic to human beings. (d) No person shall cause a discharge of wastes into Class A waters, except for on-site
  disposal of sewage from systems with a capacity of 1,000 gallons per day (gpd), or
  less, that are either exempt from or comply with the environmental protection rules,
  or existing systems, which shall require a permit according to the provisions of subsection 1263(f) of this title. (e) Except for on-site disposal of sewage from systems of less than 6,500 gpd capacity
  that are either exempt from or comply with the environmental protection rules, no
  person shall cause any new or increased indirect discharge of wastes into Class B
  waters without a permit under section 1263 of this title. The Secretary shall not issue a permit for on-site disposal of sewage that discharges
  into Class B waters, unless the applicant demonstrates by clear and convincing evidence,
  and the Secretary finds, that the discharge: (1) will not significantly alter the aquatic biota in the receiving waters; (2) will not pose more than a negligible risk to public health; (3) will be consistent with existing and potential beneficial uses of the waters; and (4) will not cause a violation of water quality standards. (f) Provided that the introduction of wastes are from sources that do not discharge pollutants
  from a point source into waters of the State, and comply with the federal Clean Water
  Act and federal CAFO regulation, the following activities shall not require a VPDES
  permit under section 1263 of this title: (1) required agricultural practices, as adopted by rule by the Secretary of Agriculture,
  Food and Markets; or (2) accepted silvicultural practices, as defined by the Commissioner of Forests, Parks
  and Recreation, including practices that are in compliance with the Acceptable Management
  Practices for Maintaining Water Quality on Logging Jobs in Vermont, as adopted by
  the Commissioner of Forests, Parks and Recreation. (g) Nothing in this chapter shall prohibit the Secretary from approving nondischarging
  sewage treatment systems that the Secretary finds are safe, reliable, and effective. (h) The Secretary shall adopt rules to ensure that the installation of two or more systems
  discharging sewage will not result in the circumvention of the purposes of this chapter
  or the requirements of this section. (i) The Secretary shall regulate AFOs in accordance with federal requirements, and the
  VPDES CAFO Rules, and the Secretary of Agriculture, Food and Markets shall implement
  the State nonpoint source pollution control program planning, implementation, and
  regulation. This concurrent authority ensures comprehensive water quality protection
  and implements equivalent State nonpoint source pollution controls on farms not covered
  by the Clean Water Act. The Agencies shall cooperate and share information to enable
  effective and consistent regulation and enforcement. Not later than September 1, 2025,
  the Agency of Natural Resources, in consultation with the U.S. Environmental Protection
  Agency and the Agency of Agriculture, Food and Markets, shall issue a document that
  sets forth the respective roles and responsibilities of the Agency of Natural Resources
  in implementing the Clean Water Act on farms and responsibilities of the Agency of
  Agriculture, Food and Markets in implementing the State’s complementary nonpoint source
  program on farms. The document shall replace the existing memorandum of understanding
  between the agencies. The Secretary shall post the draft document and information
  regarding the document on the Agency’s website, shall issue public notice by press
  release and social media, shall submit the draft documents to the Senate Committees
  on Agriculture and on Natural Resources and Energy and the House Committees on Agriculture,
  Food Resiliency, and Forestry and on Environment, and shall allow for public comment.
  The proposed document shall be available for 30 days after the final date of publication
  for public review and comment. The Secretary of Natural Resources, in consultation
  with the Secretary of Agriculture, Food and Markets, shall review the document every
  five years to ensure compliance with the requirements of the Clean Water Act. If the
  document is substantially revised, it first shall be noticed in the same manner that
  applies to the initial memorandum. Actions by the Secretary of Agriculture, Food and
  Markets under this section shall be consistent with the water quality standards and
  water pollution control requirements of this chapter and the federal Clean Water Act
  as amended. (j) No person shall discharge waste from hydraulic fracturing, as that term is defined
  in 29 V.S.A. § 503, into or from a pollution abatement facility, as that term is defined in section 1278 of this title. (Amended 1967, No. 181, § 2, eff. April 17, 1967; 1969, No. 252 (Adj. Sess.), § 7, eff. April 4, 1970; 1971, No. 255 (Adj. Sess.), § 3, eff. April 11, 1972; 1973, No. 103, § 5, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 3, eff. May 17, 1986; 1991, No. 211 (Adj. Sess.), § 4; 1991, No. 261 (Adj. Sess.), § 3; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 78, § 12, eff. June 24, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2011, No. 152 (Adj. Sess.), § 4, eff. May 16, 2012; 2015, No. 29, § 16; 2015, No. 64, § 51; 2015, No. 103 (Adj. Sess.), § 3, eff. May 12, 2016; 2017, No. 185 (Adj. Sess.), § 16, eff. May 28, 2018; 2025, No. 67, § 10, eff. July 1, 2025.)