§ 1253 - Classification of waters designated, reclassification
§ 1253. Classification of waters designated, reclassification
(a) The waters of all lakes, ponds and reservoirs, natural or artificial, used exclusively for public water supply prior to July 1, 1971, and all waters flowing into such lakes, ponds and reservoirs, and all waters located above 2500 feet altitude, National Geodetic Vertical Datum, are designated Class A waters and shall be maintained as such unless reclassified.
(b) The remaining waters except as otherwise classified by the board prior to July 1, 1971, are designated Class B waters and shall be maintained as such unless reclassified. All waters designated as Class C waters prior to July 1, 1992, are designated Class B waters and shall be maintained as such unless reclassified.
(c) On its own motion, or on receipt of a written request that the board adopt, amend, or repeal a reclassification rule, the board shall comply with 3 V.S.A. § 806 and may initiate a rulemaking proceeding to reclassify all or any portion of the affected waters in the public interest. In the course of this proceeding, the board shall comply with the provisions of 3 V.S.A. chapter 25, and may hold a public hearing convenient to the waters in question. If the board finds that the established classification is contrary to the public interest and that reclassification is in the public interest, it shall file a final proposal of reclassification in accordance with 3 V.S.A. § 841. If the board finds that it is in the public interest to change the classification of any pond, lake or reservoir designated as Class A waters by subsection (a) of this section, it shall so advise and consult with the department of health and shall provide in its reclassification rule a reasonable period of time before the rule becomes effective. During that time, any municipalities or persons whose water supply is affected shall construct filtration and disinfection facilities or convert to a new source of water supply.
(d) The board shall determine what degree of water quality and classification should be obtained and maintained for those waters not classified by it before 1981 following the procedures in sections 1254 and 1258 of this title. Those waters shall be classified in the public interest. The secretary shall revise all 17 basin plans by January 1, 2006, and update them every five years thereafter. On or before January 1 of each year, the secretary shall report to the house committees on agriculture, natural resources and energy, and on fish, wildlife and water resources, and to the senate committees on agriculture and on natural resources and energy regarding the progress made and difficulties encountered in revising basin plans. By January 1, 1993, the secretary shall prepare an overall management plan to ensure that the water quality standards are met in all state waters.
(e) In determining the question of public interest, the board shall give due consideration to, and explain its decision with respect to, the following:
(1) existing and obtainable water qualities;
(2) existing and potential use of waters for public water supply, recreational, agricultural, industrial and other legitimate purposes;
(3) natural sources of pollution;
(4) public and private pollution sources and the alternative means of abating the same;
(5) consistency with the state water quality policy established in 10 V.S.A. § 1250;
(6) suitability of waters as habitat for fish, aquatic life and wildlife;
(7) need for and use of minimum streamflow requirements;
(8) federal requirements for classification and management of waters;
(9) consistency with applicable municipal, regional and state plans; and
(10) any other factors relevant to determine the maximum beneficial use and enjoyment of waters.
(f) Notwithstanding the provisions of subsection (c) of this section, when reclassifying waters to Class A, the board need find only that the reclassification is in the public interest.
(g) The board in its reclassification rule may direct the secretary to grant permits for only a portion of the assimilative capacity of the receiving waters, or to permit only indirect discharges from on-site disposal systems, or both. (Amended 1961, No. 100, § 2; 1964, No. 37 (Sp. Sess.), § 4; 1969, No. 252 (Adj. Sess.), § 2, eff. July 1, 1971; 1973, No. 3, eff. Feb. 8, 1973; No. 103, § 16, eff. April 24, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199 (Adj. Sess.), § 6, eff. May 17, 1986; 1987, No. 154 (Adj. Sess.), §§ 1, 2, eff. April 20, 1988; 1991, No. 211 (Adj. Sess.), § 3; 1999, No. 114 (Adj. Sess.), § 2, eff. May 19, 2000; 2003, No. 115 (Adj. Sess.), § 26, eff. Jan. 31, 2005; 2009, No. 33, § 25.)