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.
(Cite as: 10 V.S.A. § 1676a)
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§ 1676a. Permits; systems affecting farms; liability for contamination
(a) The Secretary shall issue a permit for a new source for a public water system only
after making the findings required by subsection 1675(b) of this title. In addition, if the Secretary finds there are agricultural lands in the area that
are likely to affect the proposed source but not likely to constitute a public health
hazard, the Secretary shall require the applicant to certify in the permit that the
proposed source will be abandoned, replaced, or treated if it becomes contaminated
by agricultural activities conducted on the agricultural lands.
(b) The Secretary may require the permittee to monitor the area around the permitted source
to obtain knowledge of potential contaminants. If contamination occurs, the Secretary
shall make a determination whether the permittee shall abandon the contaminated source
and use an alternative source or, if use of an alternative source is not feasible,
treat the contaminated source. If the source is treated, the Secretary shall find
that it has been properly treated according to applicable drinking water standards
and that continued use of the source will not adversely affect the health and safety
of the public.
(c) An owner or lessee of agricultural lands who alleges that the agricultural lands are
within the area of a proposed new public water source may appeal a decision of the
Secretary pursuant to section 1680 of this title.
(d) An owner or lessee of agricultural lands shall not be liable for personal injury or
property damage resulting from contamination of a permitted water source so long as
the owner or lessee was utilizing required agricultural practices at the time the
water source was contaminated and so long as the lands were agricultural at the time
the permit was issued.
(e) Nothing in this section shall prohibit an applicant from negotiating an agreement
with an owner of agricultural lands or from using authority granted in any other provision
of law to secure rights to the property in question. (Added 1991, No. 71, § 2; amended 2015, No. 64, § 13.)