The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
003A
:
CONCENTRATED ANIMAL FEEDING OPERATIONS
(Cite as: 10 V.S.A. § 1353)
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§ 1353. CAFO permit requirements and exemptions
(a) The discharge of manure, litter, or process wastewater to waters of the State from
a permitted CAFO as a result of the application of that manure, litter, or process
wastewater by the CAFO to land areas under its control is a discharge from that CAFO
subject to VPDES permit requirements, except where it is an agricultural stormwater
discharge as provided under the federal Clean Water Act. For purposes of this subsection,
where the manure, litter, or process wastewater has been applied in accordance with
the federal regulations under the Clean Water Act, a precipitation-related discharge
of manure, litter, or process wastewater from land areas under the control of a CAFO
is an agricultural stormwater discharge. For unpermitted Large CAFOs, a precipitation-related
discharge of manure, litter, or process wastewater from land areas under the control
of the CAFO shall be considered an exempt agricultural stormwater discharge only where
the manure, litter, or process wastewater has been land applied in accordance with
site-specific nutrient management practices that ensure appropriate agricultural utilization
of the nutrients in the manure, litter, or process wastewater, as determined by the
Secretary.
(b) All MFOs and LFOs shall maintain documentation of a nutrient management plan and practices
on site or at a nearby office and make the documentation readily available to the
Secretary upon request.
(c) The presumption in 6 V.S.A. § 4810(b) that farms in compliance with the Agency of Agriculture, Food and Markets’ Required
Agricultural Practices Rule are not discharging is not applicable to any AFO determined
by the Secretary’s decision to be a CAFO. (Added 2025, No. 67, § 8, eff. July 1, 2025.)