Vermont Statutes Title 10 Sec. 1258
Terms Used In Vermont Statutes Title 10 Sec. 1258
- Discharge: means the placing, depositing, or emission of any wastes, directly or indirectly, into an injection well or into the waters of the State. See
- Person: means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity. See
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Secretary: means the Secretary of Natural Resources or his or her authorized representative. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Waters: includes all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, and all bodies of surface waters, artificial or natural, that are contained within, flow through, or border upon the State or any portion of it. See
§ 1258. Management of waters after classification, enforcement
(a) After the classification of any waters has been determined by the Secretary, those waters shall be managed under the supervision of the Secretary in order to obtain and maintain the classification established. The Secretary may enforce a classification against any person affected thereby who, with notice of the classification, has failed to comply. An action to enforce a classification shall be brought in the Superior Court of the county wherein the affected waters are located.
(b) The Secretary shall manage discharges to the waters of the State by administering a permit program consistent with the National Pollutant Discharge Elimination System established by section 402 of Public Law 92-500 and with the guidelines promulgated in accordance with section 304(h)(2) of Public Law 92-500. The Secretary shall use the full range of possibilities and variables allowable under these sections of Public Law 92-500, including general permits, as are consistent with meeting the objectives of the Vermont Water Pollution Control Program. The Secretary shall adopt a continuing planning process approvable under section 303(e) of Public Law 92-500. Neither the Secretary nor his or her duly authorized representative may receive or during the previous two years have received a significant portion of his or her income directly or indirectly from permit holders or applicants for a permit under this chapter. (Amended 1969, No. 252 (Adj. Sess.), § 6, eff. April 4, 1970; 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 103, § 4, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1987, No. 282 (Adj. Sess.), § 12; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)