§ 1352. Powers of the Secretary
The Secretary has the authority to exercise all of the following:
(1) Implement the federal Clean Water Act to administer a Vermont pollutant discharge
elimination system (VPDES) CAFO program that is at least as stringent as the federal
Clean Water Act and enabling rules.
(2) Make, adopt, revise, and amend rules as necessary to administer a VPDES CAFO program
that is at least as stringent as the federal Clean Water Act and enabling rules.
(3) Make, adopt, revise, and amend procedures, guidelines, inspection checklists, and
other documents as necessary for the administration of the VPDES CAFO program.
(4) Designate any AFO that meets the definition of a CAFO under the federal Clean Water
Act regulations or under the VPDES CAFO Rule as a CAFO, in the Secretary’s sole discretion.
(5) Require any AFO to obtain a CAFO permit under this chapter upon a determination that
the AFO is discharging to waters of the State.
(6) Designate any small AFO as a CAFO if after an on-site inspection, the Secretary determines
that the small AFO is discharging into water and is a significant contributor of pollutants
to waters of the State. The Secretary shall consider the following factors:
(A) the size of the AFO and the amount of wastes reaching waters;
(B) the location of the AFO relative to waters;
(C) the means of conveyance of animal wastes and process waste waters into waters;
(D) the slope, vegetation, rainfall, and other factors affecting the likelihood or frequency
of discharge of animal wastes manure and process wastewaters into waters; and
(E) other relevant factors.
(7) Access private or public property to inspect AFOs and CAFOs, take photos and samples,
and review and copy AFO and CAFO land management records, including nutrient management
plans, as may be necessary to carry out the provisions of this subchapter.
(8) Solicit and receive federal funds to implement the CAFO program.
(9) Cooperate fully with the federal government or other agencies in the operation of
any joint federal-state programs concerning the regulation of agricultural pollution.
(10) Appoint assistants or contract with persons with applicable expertise, subject to
applicable laws and State policies, to perform or assist in the performance of the
duties and functions of the Secretary under this chapter. (Added 2025, No. 67, § 8, eff. July 1, 2025.)