§ 1672. Authority of the Agency of Natural Resources

(a) Except as provided in subsections (c) through (f) of this section, to prevent and minimize public health hazards, the Secretary shall have authority over and shall regulate the purity of drinking water, the adequacy, construction, and operation of public water systems, public water sources, and public water source protection areas.

(b) The Secretary may establish by rule standards or requirements for:

(1) Drinking water quality. Such standards or requirements shall be at least as stringent as the most recent national primary drinking water regulations, issued or promulgated by the U.S. Environmental Protection Agency pursuant to the Safe Drinking Water Act, 42 U.S.C. section 300f et seq.

(2) The construction, protection, testing, and monitoring of public water sources.

(3) The design, flows, construction, installation, operation, and maintenance of new public water systems.

(4) The design, flows, construction, operation, maintenance and alteration, repair, or extension to an existing public water system.

(5) The approval or denial of connections by public water systems.

(6) The ongoing monitoring and testing of drinking water and public water systems to be performed by a laboratory certified pursuant to 18 V.S.A. § 501b.

(7) Public water source protection areas.

(8) The mitigation or prevention of public health risks arising from public water sources, public water systems, and public water source protection areas.

(9) [Repealed.]

(10) Obtaining a construction permit for a new water system. At a minimum, the water system shall demonstrate that it possesses the long-term financial, managerial, and technical capability to operate and maintain a water system in conformance with federal and State regulatory requirements.

(c) Nothing in this chapter is intended to limit the authority of the Agency of Human Services, the Commissioner of Health, or the Board of Health to manage the public health of the State of Vermont. In adopting rules pursuant to this section, the Secretary shall submit the proposed rules to the Secretary of Human Services at least 30 days before filing them with the Secretary of State under 3 V.S.A. chapter 25.

(d) Nothing in this chapter is intended to limit or supersede the authority of the Secretary of Agriculture, Food and Markets under the provisions of Title 6 and this title. The Secretary shall not manage or restrict agricultural activities or other activities regulated by the Secretary of Agriculture, Food and Markets without his or her consent. When adopting rules under this section, the Secretary shall consult with the Secretary of Agriculture, Food and Markets to minimize any conflicts with that Agency.

(e) Nothing in this chapter is intended to limit or supersede the authority of the Board of Health, the Commissioner of Health, or local health officers under Title 18.

(f) Nothing in this chapter is intended to limit the authority of the Public Utility Commission under the provisions of Title 30.

(g) If the Public Utility Commission does not concur with the rules proposed by the Secretary, the Secretary shall publicize the comments submitted by the Public Utility Commission, at each step specified in 3 V.S.A. § 836, and the Legislative Committee on Administrative Rules shall consider those comments. (Added 1991, No. 71, § 2; amended 1993, No. 2, § 1, eff. April 9, 1993; 1995, No. 103 (Adj. Sess.), § 7; 1997, No. 134 (Adj. Sess.), § 9; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 163 (Adj. Sess.), § 22; 2009, No. 56, § 27.)