3.01.2004

ANR Proposes New Legislation for Storm Permits

This briefing was provided by the Vermont Chamber of Commerce (12/27/04), which is giving valuable updates on this legislative session.

*****ANR Reveals Stormwater Proposal*****
The Vermont Agency of Natural Resources (ANR) revealed their proposed legislation Tuesday to the Water Resources Board collaborative. The key components of the proposal are:

* Removal of a requirement presently in the statute that requires ANR to reasonably assure compliance with Vermont water quality standards for that waterway in 5 years, before they issue a permit in any impaired waterway. (The collaborative, in their work, reached general agreement that such a requirement was very difficult or in fact impossible to guarantee in 5 years due to natural conditions occurring in waters.)

* To establish the ability for an applicant to initiate offsets and to direct ANR to manage an offset fee program, as opposed to requiring that all offsets be physical, i.e. direct work on the waterway. ANR would manage the fees in the interests of the water.

* To establish a transitional permitting authority for new discharges, redevelopment, and existing discharges into impaired waters until general permits are established for the various waters.

This legislation is expected to be introduced after the Town Meeting Week break. It is also expected to be controversial, since the Vermont Natural Resources Council (VNRC) has already sent a letter to all legislators disagreeing with the proposal.

The Vermont Chamber supports the draft stormwater legislation since it will enable ANR to start issuing permits and it starts the process of cleaning up impaired waterways. Any other path will only lead to more delay in cleaning up the waters. Stormwater regulations must allow development along Vermont waters while progressing in a scientifically acceptable manner to having Vermont waters in compliance with water quality standards.

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