Vermont § 1353 - CAFO permit requirements and exemptions

§ 1353. CAFO permit requirements and exemptions

• (a) The discharge of manure, litter, or process wastewater to waters of the State from
  a permitted CAFO as a result of the application of that manure, litter, or process
  wastewater by the CAFO to land areas under its control is a discharge from that CAFO
  subject to VPDES permit requirements, except where it is an agricultural stormwater
  discharge as provided under the federal Clean Water Act. For purposes of this subsection,
  where the manure, litter, or process wastewater has been applied in accordance with
  the federal regulations under the Clean Water Act, a precipitation-related discharge
  of manure, litter, or process wastewater from land areas under the control of a CAFO
  is an agricultural stormwater discharge. For unpermitted Large CAFOs, a precipitation-related
  discharge of manure, litter, or process wastewater from land areas under the control
  of the CAFO shall be considered an exempt agricultural stormwater discharge only where
  the manure, litter, or process wastewater has been land applied in accordance with
  site-specific nutrient management practices that ensure appropriate agricultural utilization
  of the nutrients in the manure, litter, or process wastewater, as determined by the
  Secretary. (b) All MFOs and LFOs shall maintain documentation of a nutrient management plan and practices
  on site or at a nearby office and make the documentation readily available to the
  Secretary upon request. (c) The presumption in 6 V.S.A. § 4810(b) that farms in compliance with the Agency of Agriculture, Food and Markets’ Required
  Agricultural Practices Rule are not discharging is not applicable to any AFO determined
  by the Secretary’s decision to be a CAFO. (Added 2025, No. 67, § 8, eff. July 1, 2025.)