Vermont § 1676a - Permits; systems affecting farms; liability for contamination

§ 1676a. Permits; systems affecting farms; liability for contamination

• (a) The Secretary shall issue a permit for a new source for a public water system only
  after making the findings required by subsection 1675(b) of this title. In addition, if the Secretary finds there are agricultural lands in the area that
  are likely to affect the proposed source but not likely to constitute a public health
  hazard, the Secretary shall require the applicant to certify in the permit that the
  proposed source will be abandoned, replaced, or treated if it becomes contaminated
  by agricultural activities conducted on the agricultural lands. (b) The Secretary may require the permittee to monitor the area around the permitted source
  to obtain knowledge of potential contaminants. If contamination occurs, the Secretary
  shall make a determination whether the permittee shall abandon the contaminated source
  and use an alternative source or, if use of an alternative source is not feasible,
  treat the contaminated source. If the source is treated, the Secretary shall find
  that it has been properly treated according to applicable drinking water standards
  and that continued use of the source will not adversely affect the health and safety
  of the public. (c) An owner or lessee of agricultural lands who alleges that the agricultural lands are
  within the area of a proposed new public water source may appeal a decision of the
  Secretary pursuant to section 1680 of this title. (d) An owner or lessee of agricultural lands shall not be liable for personal injury or
  property damage resulting from contamination of a permitted water source so long as
  the owner or lessee was utilizing required agricultural practices at the time the
  water source was contaminated and so long as the lands were agricultural at the time
  the permit was issued. (e) Nothing in this section shall prohibit an applicant from negotiating an agreement
  with an owner of agricultural lands or from using authority granted in any other provision
  of law to secure rights to the property in question. (Added 1991, No. 71, § 2; amended 2015, No. 64, § 13.)