§ 1974. Exemptions

Notwithstanding any other requirements of this chapter, the following projects and actions are exempt:

(1)(A) All buildings or structures, campgrounds, and their associated potable water supplies and wastewater systems that were substantially completed before January 1, 2007 and all improved and unimproved lots that were in existence before January 1, 2007. This exemption shall remain in effect provided:

(i) no action for which a permit is required under this chapter or the rules adopted under this chapter is taken or caused to be taken on or after January 1, 2007, unless such action is exempt under one of the other permitting exemptions listed in this section or in the rules adopted under this chapter; and

(ii) if a permit has been issued under this chapter or the rules adopted under this chapter before January 1, 2007 that contained conditions that required actions to be taken on or after January 1, 2007, including conditions concerning operation and maintenance and transfer of ownership, the permittee continues to comply with those permit conditions.

(B) If a permit or permit amendment is required because the potable water supply or wastewater system has failed, the Secretary may issue a permit that allows for a variance in accordance with the standards contained in section 1973 of this chapter, the rules adopted under this chapter, and the rules adopted under chapter 56 of this title.

(C) An owner of a single family residence that qualified on January 1, 2007 for the exemption set forth in subdivision (1)(A) of this section shall not be subject to administrative or civil penalties under chapters 201 and 211 of this title for a violation of this chapter or rules adopted under this chapter when the owner believes the supply or system meets the definition of a failed supply or failed system provided that the owner:

(i) conducts or contracts for an inspection of the supply or system;

(ii) notifies the Secretary of Natural Resources of the results of the inspection; and

(iii) has not taken or caused to be taken any other action after January 1, 2007 for which a permit would be required under this chapter or the rules adopted under this chapter.

(2) Primitive camps with no interior plumbing consisting of more than a sink with water, that are used no more than three consecutive weeks per year and no more than a total of 60 days per year, shall be exempt. This exemption does not apply to seasonal camps.

(3) [Repealed.]

(4) The installation or use of a water treatment system for a potable water supply where the treatment system is designed to:

(A) reduce or eliminate water hardness;

(B) reduce or eliminate properties or constituents on the list of secondary standards in the Vermont water supply rules;

(C) reduce or eliminate radon, lead, arsenic, or a combination of these; or

(D) eliminate bacteria or pathogenic organisms, provided that the treatment system treats all of the water used for drinking, washing, bathing, the preparation of food, and laundering.

(5) The installation or use of a water treatment device, provided that the installation or use is overseen by the Secretary as a part of a response action due to contamination or the threat of contamination of a potable water supply by a release or threat of release of a hazardous material or any other source of contamination.

(6) The increase in flow to an existing wastewater system as a result of the use of an exempt water treatment system under subdivisions (4) and (5) of this section.

(7) The subdivision of an unimproved or improved lot or campground where the subdivision results from a transfer of property for a highway or other transportation project that is authorized under the State's enacted Transportation Program or is an emergency project within the meaning of 19 V.S.A. § 10g(h), regardless of whether the State or the municipality has commenced any condemnation proceedings in connection with the project.

(8) From the permit required for operation of failed supply under subdivision 1973(a)(4) of this title for the use or operation of a failed supply that consists of only one groundwater source that provides water to only one single family residence. (Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2007, No. 32, § 4, eff. May 18, 2007; 2009, No. 54, § 85, eff. June 1, 2009; 2009, No. 3 (Sp. Sess.), § 11(d); 2009, No. 161 (Adj. Sess.), § 33, eff. June 4, 2010; 2015, No. 40, § 18; 2017, No. 161 (Adj. Sess.), § 7.)