§ 1679. Public water source protection areas

(a) The Secretary shall, after review by the Groundwater Coordinating Committee established in subsection 1392(c) of this title, adopt rules for the protection of public water source protection areas. Rules adopted under this section may include:

(1) the duties of the Agency, other State agencies, consistent with their statutory mandates, local government entities, and owners of public water systems with respect to the development and implementation of programs to protect public water sources;

(2) procedures to determine the public water source protection area;

(3) procedures to identify within each public water source protection area all potential sources of contaminants that may have any adverse effect on the health of persons;

(4) a program that contains, as appropriate, technical assistance, financial assistance, implementation of control measures, education, training, and demonstration projects to protect the public water source within the public water source protection area; and

(5) contingency plans for the provision of alternate drinking water supplies for each public water system in the event of contamination or disruption.

(b) Rules adopted by the Secretary under subsection (a) of this section shall complement the classification requirements of chapter 48 of this title and the rules adopted under that chapter.

(c) Rules adopted by the Secretary under subsection (a) of this section shall include provisions for the identification of agricultural lands, as defined in 32 V.S.A. § 3752, within public water source protection areas and for ensuring that required agricultural practices on those lands are not unduly restricted by the development of the public water source protection area without the consent of the owner of those agricultural lands. Prior to the adoption of rules under this subsection, the Secretary shall consult with the Secretary of Agriculture, Food and Markets and, if possible, obtain concurrence of the Secretary of Agriculture, Food and Markets. If the Secretary of Agriculture, Food and Markets does not concur, the Secretary of Agriculture, Food and Markets shall state any objections in writing; and those objections shall be included by the Secretary in filing the final proposed rule with the Legislative Committee on Administrative Rules.

(d) When the Secretary proposes to designate a public water source protection area under the rules adopted pursuant to subsection (a) of this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(e) Rules, standards, and criteria adopted by the Secretary under subsection (a) of this section for the protection of public water sources shall allow for human activity within the watershed of a public water source, provided that such human activity does not constitute a public health hazard or a significant public health risk. (Added 1991, No. 71, § 2; amended 1991, No. 256 (Adj. Sess.), § 23, eff. June 9, 1992; 1995, No. 189 (Adj. Sess.), § 4; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 64, § 13; 2015, No. 150 (Adj. Sess.), § 24, eff. Jan. 1, 2018.)