Notices for Week of: JULY 7, 2005
PROPOSED STATE RULES
By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible
To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).
Stormwater Management Rule for Stormwater-Impaired Waters.
Vermont Proposed Rule: 05P027
AGENCY: Natural Resources, Environmental Cons.
CONCISE SUMMARY: This Rule establishes requirements for the management of stormwater runoff to waters listed as principally impaired due to stormwater runoff on the EPA-approved Vermont 303(d) List of Waters. This Rule establishes an interim and long-term permitting program for discharges of Stormwater runoff to stormwater-impaired waters, including permitting thresholds and treatment standards for new development, existing development, redevelopment and the expansion of impervious surfaces. This Rule provides that individual permits will be issued during the interim period before clean up plans (TMDLs) are developed for each stormwater-impaired water and that general permits will be issued to implement the TMDLs. This Rule also provides for the development of offset projects and payment of stormwater-impact fees.
TYPE OF PERSONS AFFECTED: Individuals and private and public entities that develop, redevelop or expand over one acre of impervious surfaces that discharge Stormwater runoff to a stormwater-impaired water are required to obtain a stormwater permit under this Rule. In addition, existing previously permitted impervious surfaces are covered by this Rule. Once clean-up plans (TMDLs) are developed for a stormwater-impaired water, both permitted and unpermitted impervious surfaces may be required to construct or repair/upgrade stormwater treatment systems in order to meet the cleanup targets in the TMDL. This Rule also affects farmers and the agency of Agriculture since it provides for the potential implementation of offset projects on agricultural lands, thereby resulting in agricultural land being taken out of production. Local land record offices will be affected by the Rule's requirement that a one-page notice of permit issuance be filed by each permittee.
COST BENEFIT ANALYSIS: This Rule lowers the permit threshold from two to one acre of impervious surface. DEC estimates that annually 30 additional individuals, private and public entities will be subject to this Rule. DEC estimates that it will cost approximately $30,000 per acre of impervious surface for new development, redevelopment and expansions to meet the treatment standards in the Rule. Retrofitting of existing permitted systems, and retrofitting of existing systems that never had a permit but are required to in order to meet TMDL cleanup targets, may cost as much as $130,000 per acre of
impervious surface. This Rule allows for the implementation of offset projects on agricultural lands thereby resulting in lands being taken out of production. This potential economic impact on agricultural land is countered by the Rule's
requirements that a permittee first consider offset projects on existing treatment systems. This Rule also requires the filing of a one page notice of permit issuance and payment of filing fees.
SCHEDULED HEARINGS: DEC will hold public meetings in five locations around the Stat in order to provide an opportunity for public input on the Stormwater Management Rule for Stormwater Impaired Waters. Public meetings will be held from 5:00 p.m. to 7:30 p.m. at each of the following locations: Thursday, August 18, 2005, Rutland High School, 22 Stratton Road, Rutland, VT. Monday, August 22, 2005, Brattleboro Municipal Center, 230 Main Street, Brattleboro, VT. Wednesday, August 24, 2005, Burlington City Hall, Conference Room 12, 149 Church Street, Burlington, VT. Thursday, August 25, 2005, St. Albans Town Education Center, 169 South Main Street, St. Albans, VT. Monday, August 29, 2005, Pavilion 4th Floor, 109 State Street, Montpelier, VT.
DEADLINE FOR PUBLIC COMMENT: September 7, 2005.
FOR FURTHER INFORMATION, CONTACT: Mary Borg, Esq. Water Quality Division, Stormwater Management Section, 103 South Main Street, Building 10N, Waterbury, VT 05671-0408 (802)241-1433
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Administrative Rules for Board of Barbers and Cosmetologists
Vermont Proposed Rule: 05P023
AGENCY: Secretary of State, Office of Professional Regulations
FOR FURTHER INFORMATION, CONTACT: Carla Preston, OPR, Secretary of State, 26 Terrace St. Montpelier, VT 05609-1101 828-2875
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Administrative Rules for Board of Dental Examiners
Vermont Proposed Rule: 05P024
AGENCY: Secretary of State, Office of Professional Regulations
FOR FURTHER INFORMATION, CONTACT: Larry Novins, Office of Professional Regulation, 26 Terrace St. Montpelier, VT 05609-1101, 802-828-2883, or (subject line: Dental Rules)
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Vermont Use of Public Waters Rules -- 2005 Proposed Amendments
Vermont Proposed Rule: 05P025
AGENCY: Vermont Natural Resources Board, Water Resources Panel
FOR FURTHER INFORMATION, CONTACT: Karen Dupont, Administrative Secretary, Vermont Natural Resources Board National Life Records Center Drawer 20, Montpelier, VT 05620-3201 802-828-2870
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- If you have general questions about the rulemaking process, please contact
- Louise Corliss by e-mail at or by phone 802-828-2863
