§ 1006. Certification of hydroelectric projects; application process
(a) As used in this section:
(1) “Bypass reach” means that area in a waterway between the initial point where water
has been diverted through turbines or other mechanical means for the purpose of water-powered
generation of electricity and the point at which water is released into the waterway
below the turbines or other mechanical means of electricity generation.
(2) “Conduit” means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar constructed
water conveyance that is operated for the distribution of water for agricultural,
municipal, or industrial consumption and not primarily for the generation of electricity.
(3) “Hydroelectric project” means a facility, site, or conduit planned or operated for
the generation of water-powered electricity that has a generation capacity of no more
than 1 megawatt and does not create a new impoundment.
(4) “Impoundment” means “riverine impoundment” as defined in the Vermont water quality
standards adopted pursuant to chapter 47 and subdivision 6025(d)(3) of this title.
(b) On or before December 15, 2009, the Agency of Natural Resources, after opportunity
for public review and comment, shall adopt by procedure an application process for
the certification of hydroelectric projects in Vermont under Section 401 of the federal
Clean Water Act.
(c) The application process adopted by the Agency of Natural Resources under subsection
(b) of this section may include an application form for a federal Clean Water Act
Section 401 certification for a hydroelectric project that meets the requirements
of the Vermont water pollution control permit rules. The application form may require
information addressing:
(1) a description of the proposed hydroelectric project and the impact of the project
on the watershed;
(2) the preliminary terms and conditions that an applicant shall be subject to if a federal
Clean Water Act Section 401 certification is issued for a proposed hydroelectric project;
and
(3) time frames for the Agency of Natural Resources review of and response to an application
for a federal Clean Water Act Section 401 certification of a hydroelectric project.
(d) In adopting the Clean Water Act Section 401 certification application process required
by subsection (b) of this section, the Agency may, consistent with its authority to
waive certifications under 33 U.S.C. § 1341(a)(1), adopt an expedited certification process for:
(1) hydroelectric projects when data provided by an applicant provide reasonable assurance
that the project will comply with the State water quality standards;
(2) hydroelectric projects utilizing conduits; hydroelectric projects without a bypass
reach; and hydroelectric projects with a de minimis bypass reach, as defined by the
Agency of Natural Resources; and
(3) previously certified hydroelectric projects operating in compliance with the terms
of a Clean Water Act Section 401 certification as demonstrated by existing administrative,
monitoring, reporting, or enforcement data. (Added 2009, No. 54, § 39, eff. June 1, 2009.)