Land-Based Indirect Discharge Non-Sewage
- NEW RULES The Indirect Discharge Rules (IDR), Chapter 14 of the Environmental Protection Rules, have recently been updated with an effective date of April 12, 2019. The revisions made in the new rules were in association with the newly revised Wastewater System and Potable Water Supply Rules effective April 12, 2019. It clarifies that the revised Wastewater System and Potable Water Supply Rules will regulate non-sewage wastewater systems that are less than 6,500 gallons per day (GPD). Subchapter 4 of the IDR contains information on how to apply for renewal of an issued permit or permit amendment. There has been a change in the regulatory authority for the disposal of food processing wastes. On July 1, 2020, Governor Phil Scott signed H.656 into law which includes provisions that give the Secretary of the Vermont Agency of Agriculture the authority to regulate substrates such as food processing wastes which are imported to a farm for disposal to a manure pit or as input into an anaerobic digester. As a result, the Indirect Discharge Program is discontinuing the regulation of these discharges. The Indirect Discharge Program still regulates the land application of food processing wastes applied to fields by the generator of the wastes. This notification was forwarded to all permits discharging to pits or digesters. Previous rules can be found on the Division Laws and Regulations Page.
- GUIDANCE DOCUMENTS The Vermont Guidelines for the Land Application of Dairy Processing is a good place to start when considering a land application program for food processing wastes.
- FEES Please refer to the Fee document for information regarding administrative fees, as well as application review and operating fees associated with Indirect Discharge Permits.
- HOW TO APPLY/FORMS The application form to use is the Permit Application Form WR-82. In addition to the form(s), please be sure to submit all required supplemental information. (Coming soon will be an online application through the ANROnline portal for all Indirect Discharge Applications)
- REVIEW PROCESS/APPEALS Subchapter 5 of the IDR describes the application review process for all Indirect Discharge Permits. At the conclusion of the public notice period and after consideration of additional information received during the public notice period on the draft permit, the Vermont ANR will make a final determination to issue or to deny the permit.
Pursuant to 10 V.S.A. Chapter 220, any appeal of this decision must be filed with the clerk of the Environmental Court within 30 days of the date of the decision. The appellant must attach to the Notice of Appeal the entry fee of $262.50, payable to the State of Vermont. The Notice of Appeal must specify the parties taking the appeal and the statutory provision under which each party claims party status; must designate the act or decision appealed from; must name the Environmental Court; and must be signed by the appellant or their attorney. In addition, the appeal must give the address or location and description of the property, project or facility with which the appeal is concerned and the name of the applicant or any permit involved in the appeal. The appellant must also serve a copy of the Notice of Appeal in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings.
For further information, see the Vermont Rules for Environmental Court Proceedings, available online at www.vermontjudiciary.org. The address for the Environmental Court is:
32 Cherry Street - 2nd Floor
Suite 303
Burlington, VT 05401
Tel. # 802-951-1740
- COPIES OF FINAL PERMITS You can view a list of all final permits. If you need assistance finding a final permit please send an e-mail request to ANR.DWGWPIndirectPermits@vermont.gov and specify the project name, town and permit number in the subject line. You can also contact anyone in the Indirect Discharge Permit Section by phone for assistance.
- CERTIFIED OPERATORS The Indirect Discharge Rules require a certified operator for the land application of food processing wastes where the wastes are spread directly onto farm fields. A certified operator is not required for disposal of food processing wastes into farm digesters or manure pits. Information regarding operator certification can be on the Watershed Management’s Operator Certification page.
- COMPLIANCE The Indirect Discharge Section expects full compliance with the conditions contained in Indirect Discharge Permits.
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