Vermont § 4858 - Medium farm operation permits

§ 4858. Medium farm operation permits

• (a) Authorization to operation. No person shall operate a medium farm without authorization from the Secretary pursuant
  to this section. Under exceptional conditions, specified in subsection (d) of this
  section, authorization from the Secretary may be required to operate a small farm. (b) Rules; general and individual permits. The Secretary shall establish by rule, pursuant to 3 V.S.A. chapter 25, requirements for a general permit and individual permit to assure that medium and
  small farms generating animal waste comply with the water quality standards of the
  State. (1) General and individual permits issued under this section shall be consistent with
  rules adopted under this section, shall include terms and conditions appropriate to
  each farm size category and each farm animal type as defined by section 4857 of this title, and shall meet standards at least as stringent as those established by federal regulations
  for concentrated animal feeding operations. Such standards shall address waste management,
  waste storage, development of nutrient management plans, carcass disposal, and surface
  water and groundwater contamination, plus recordkeeping, reporting, and monitoring
  provisions regarding such matters to ensure that the terms and conditions of the permit
  are being met. The groundwater contamination rules adopted by the Secretary under
  this section shall include a process under which the Agency shall receive, investigate,
  and respond to a complaint that a farm has contaminated the drinking water or groundwater
  of a property owner. (2) The rules adopted under this section shall also address permit administration, public
  notice and hearing, permit enforcement, permit transition, revocation, and appeals
  consistent with provisions of sections 4859 and 4861 of this title and subchapter 10 of this chapter. (3) Each general permit issued pursuant to this section shall have a term of not more
  than five years. Prior to the expiration of each general permit, the Secretary shall
  review the terms and conditions of the general permit and may issue subsequent general
  permits with the same or different conditions as necessary to carry out the purposes
  of this subchapter. Each general permit shall include provisions that require public
  notice of the fact that a medium farm has sought coverage under a general permit adopted
  pursuant to this section. Each general permit shall provide a process by which interested
  persons can obtain detailed information about the nature and extent of the activity
  proposed to receive coverage under the general permit. The Secretary may inspect each
  farm seeking coverage under the general permit at any time but not less frequently
  than once every three years. (c) Medium farm general permit. (1) The owner or operator of a medium farm seeking coverage under a general permit adopted
  pursuant to this section shall certify to the Secretary within a period specified
  in the permit, and in a manner specified by the Secretary, that the medium farm does
  comply with permit requirements regarding an adequately sized and designed manure
  management system to accommodate the wastes generated and a nutrient management plan
  to dispose of wastes in accordance with Required Agricultural Practices adopted under
  this chapter and current U.S. Department of Agriculture nutrient management standards.
  Any certification or notice of intent to comply submitted under this subdivision shall
  be kept on file at the Agency of Agriculture, Food and Markets. The Secretary of Agriculture,
  Food and Markets, in consultation with the Secretary of Natural Resources, shall review
  any certification or notice of intent to comply submitted under this subdivision with
  regard to the water quality impacts of the medium farm for which the owner or operator
  is seeking coverage, and, for farms that have never been permitted under the prior
  permit term, within 18 months after receiving the certification or notice of intent
  to comply, the Secretary of Natural Resources shall verify whether the owner or operator
  of the medium farm has established that there will be no unpermitted discharge to
  waters of the State pursuant to the federal regulations for concentrated animal feeding
  operations. If upon review the Secretary of Agriculture, Food and Markets determines
  that the medium farm may be discharging to waters of the State, the Secretary of Agriculture,
  Food and Markets shall promptly notify the Secretary of Natural Resources in accordance
  with the federal Clean Water Act regarding concentrated animal feeding operations.
  The Secretary of Natural Resources shall direct a medium farm to obtain a permit under
  10 V.S.A. § 1263 if required by federal regulations for concentrated animal feeding operations or
  by the VPDES CAFO Rules. If the farm is not required to obtain a CAFO permit and is
  not in violation of federal regulations for concentrated animal feeding operations,
  the Secretary of the Agency of Natural Resources shall promptly notify the Secretary
  of Agriculture, Food and Markets. (2) The owner or operator of a small farm may seek coverage under the medium farm general
  permit adopted pursuant to this section by certifying to the Secretary, in a manner
  specified by the Secretary, that the small farm complies with the requirements and
  conditions of the medium farm general permit. (d) Medium and small farms; individual permit. The Secretary may require the owner or operator of a small or medium farm to obtain
  an individual permit to operate after review of the farm’s history of compliance,
  application of Required Agricultural Practices, the use of an experimental or alternative
  technology or method to meet a State performance standard, or other factors set forth
  by rule. The owner or operator of a small farm may apply to the Secretary for an individual
  permit to operate under this section. To receive an individual permit, an applicant
  shall in a manner prescribed by rule demonstrate that the farm has an adequately sized
  and designed manure management system to accommodate the wastes generated and a nutrient
  management plan to dispose of wastes in accordance with Required Agricultural Practices
  adopted under this chapter and current U.S. Department of Agriculture nutrient management
  standards, including setback requirements for waste application. An individual permit
  shall be valid for not more than five years. Any application for an individual permit
  filed under this subsection shall be kept on file at the Agency of Agriculture, Food
  and Markets. The Secretary of Agriculture, Food and Markets, in consultation with
  the Agency of Natural Resources, shall review any application for a permit under this
  subsection. If, upon review of a permit application, the Secretary of Agriculture,
  Food and Markets determines that the permit applicant may be discharging to waters
  of the State, the Secretary of Agriculture, Food and Markets shall promptly refer
  the farm to the Secretary of Natural Resources for response in accordance with the
  federal Clean Water Act. The Secretary of Natural Resources shall direct a medium
  or small farm to obtain a permit under 10 V.S.A. § 1263 if required by federal regulations for concentrated animal feeding operations or
  by the VPDES CAFO Rules. Coverage of a medium farm under a general permit adopted
  pursuant to this section or an individual permit issued to a medium or small farm
  under this section is rendered void by the issuance of a permit to a farm under 10 V.S.A. § 1263. If the farm is not required to obtain a CAFO permit and is not in violation of federal
  regulations for concentrated animal feeding operations, the Secretary of the Agency
  of Natural Resources shall promptly refer the matter to the Secretary of Agriculture,
  Food and Markets. (e) Operating fee. A person required to obtain a permit or coverage under this section shall submit an
  annual operating fee of $1,500.00 to the Secretary. The fees collected under this
  section shall be deposited in the Agricultural Water Quality Special Fund under section 4803 of this title. (Added 2003, No. 149 (Adj. Sess.), § 8, eff. June 3, 2004; amended 2005, No. 78, § 11, eff. June 24, 2005; 2015, No. 39, § 14; 2015, No. 64, § 7; 2017, No. 113 (Adj. Sess.), § 37; 2021, No. 174 (Adj. Sess.), § 9, eff. July 1, 2022; 2025, No. 67, § 4, eff. July 1, 2025.)