Stormwater Permitting Rule 2018 Update

Updated 8/1/2018

Introduction

Vermont DEC is developing a new Stormwater Permitting Rule. This rule will cover all Stormwater permitting programs, including operational and NPDES-based programs. Adoption of the rule, and associated general permits, are required by Act 64 (the Vermont Clean Water Act) and are an important component of the Lake Champlain TMDL Accountability Framework.

Please note that the proposed Stormwater Permitting Rule effectively combines the existing Ch. 18 and Ch. 22 Stormwater Rules. Technically, we are amending Ch. 22 and repealing Ch. 18. The repeal of the Ch. 18 Stormwater Management Rule requires a separate rule making process which will be noticed in the near future. These rule processes will conclude concurrently.

Draft Stormwater Permitting Rule

Summary of Rule Changes

Relationship of the Stormwater Rule and the “Three-Acre General Permit”

In addition to adopting a new rule, DEC is required to adopt a general permit for stormwater from so-called “three-acre sites” -existing sites with three or more acres of impervious surface that lack a stormwater permit based on the 2002 Stormwater Management Manual. The proposed rule will include standards applicable to this general permit, as well as all stormwater permitting. The Department will proceed to adopt the three-acre general permit once the rule is finalized.

Timing of the Stormwater Rule and Public Input

The proposed rule was posted by the Secretary of State on 8/1/2018, which commences the public comment period. The posting is available at https://secure.vermont.gov/SOS/rules/#
A detailed summary of the rulemaking process is available at the Vermont Secretary of State’s website at https://www.sec.state.vt.us/administrative-rules/filing-tools/timeline.aspx

Stormwater Rule Timeline:
  • Public Comment Deadline: October 1, 2018
  • Public Meeting: Pavilion Auditorium, 109 State Street, Montpelier, 9/13/2018, 10:00 AM – 1:00 PM

 

DEC’s Stormwater Program welcomes your input on the proposed rule. Formal comments may be submitted during the comment period. In addition, we are interested in discussing any areas of interest to you on the proposed rule. Questions or comments should be directed to Padraic Monks, Stormwater Program Manager, at padraic.monks@vermont.gov or (802) 490-6169.

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