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Municipal Delegation

 

Wastewater and Potable Water Supply System Permit Program

 

Beginning July 1, 2007, every parcel of land will come under the authority of the State's on-site wastewater & potable water supply system program. As a result of this change, a state permit will be needed for most repairs, upgrades, and new construction of on-site wastewater treatment and disposal facilities, on-site potable water supplies, and connections to municipal water distribution and wastewater collection systems. 

To expedite application turnaround time and enable local administration of the permitting process, municipalities may elect to issue these State permits in addition to enforcing the State regulations for the wastewater and potable water systems in their communities. 

To take on this responsibility, a municipality must request and receive delegation of the State permit program from the Department of Environmental Conservation. 

 

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Educational Brochure

An easy to read brochure, created by the Department of Housing and Community Affairs, briefly describes the 2002 Sewage Reform Act, outlines the municipal delegation process, and lists the potential benefits and drawbacks of administering the state permit program. 

This brochure can be viewed at :

Municipal Delegation Brochure

Municipal Delegation Brochure logo


Environmental Protection Rules

 


Municipalities that receive delegation of the state permit program must administer it in accordance with the Agency of Natural Resources’ Environmental Protection Rules ("EPRs"). 

The EPRs can be viewed at:

The Rule is also available in smaller files for faster downloads

Chapters 1-4 68 pages 604 KB

Chapters 5-7 77 pages 504 KB

Appendix 21 pages 125 KB

Detailed information on the delegation process can be found in Subchapter 7


Application for Delegation

Municipalities requesting delegation of the on-site program are referred to Subchapter 7 of the Environmental Protection Rules.

 

Delegation Application Documents Required

Municipalities must submit an application to request delegation of the State permit program. A detailed description of the application components is listed in the EPRs.

The application package must include a memorandum of understanding (MOU) signed by the local governing body agreeing to administer the program in accordance with the EPRs.
The application must also include authority for the Secretary of ANR to enter municipal property.
Annual Report
Municipalites that receive delegation must submit a report to the Department of Environmental Conservation every year on February 15. Basic information such as the number and type of systems permitted and denied, permit violations, and failed systems is required for this report. Refer to

 

Municipalities interested in applying for delegation should contact Ernest Christianson in the Waterbury office at 802-241-3027.


Municipalities That Have Received Delegation

Municipalities that have already received delegation of the State permit program are a good resource for towns considering applying for delegation of this program.

To date, Colchester and Charlotte have been delegated to administer the wastewater and potable water supply regulatory program.  Colchester has generously volunteered their internal educational materials, policies and procedures, and forms for reference to other municipalities that are considering requesting delegation.

All of these documents should be considered as drafts. The State of Vermont ANR DEC WWMD has not prepared a comprehensive guide, or a guide of any sort, for the operation of this program. Most of these documents were generated by the Town of Colchester, and while they may be of assistance to municipalities, they do not comprise a comprehensive program for how a municipality should operate a State delegation program.

Process for Accepting, Reviewing & Processing Applications

The text and accompanying diagram illustrates the process that Colchester utilizes in determining what steps to take in issuing wastewater system and potable water supply permits. Though unique to the Colchester permitting process, it serves as an example of how the program could be implemented.

Permit Application Fee Schedule

Colchester decided to charge the same amount for permit applications as the DEC Wastewater Management Division does. Some towns may charge more or less for permits, depending on their particular operational costs.

Top Ten Reasons for Delays

The DEC Wastewater Management Division has listed the top ten most common mistakes or missing items from applications. This document is intended to help applicants from being delayed in the application process.

Permit Application Administrative Checklist

This checklist serves as an initial screening of applications and is used in Colchester to determine whether applicants have satisfied the basic requirements for a permit application.

14 Day Letters

Colchester mails letters within fourteen days from the date on which they receive a permit application. The letter states that Colchester has thirty or forty-five in-house days to review the application and either deny or approve it. Two versions of this letter exist. The first states that the application appears to be complete, and the second states that the application is incomplete and cannot be reviewed until the missing information has been received.

PR & PIN Request Form

Colchester sends this document to the DEC regional office in Essex. The ANR DEC Permit Specialist there completes the Project Review (PR) Sheet and issues a Project Identification Number (PIN).

Design Review Checklist

Once all application materials have been received, a PIN issued , and the Project Review Sheet completed, Colchester conducts a substantive review of the technical elements of the permit application. If while completing the Design Review Checklist they discover additional information that is missing, a letter is sent to the applicant requesting this information.

Permit Approvals

If Colchester approves an application and issues a permit, the town mails copies of the permit along with a Record Your Documents Letter to the applicant.

The following documents may assist towns in issuing permits:

Non-Compliance Procedures

Colchester has designed procedures for ensuring that property owners comply with the state regulatory program. Their policy of issuing tickets for non-compliance has worked well thus far.

For questions regarding Colchester's application process or how they administer the program, contact Colchester's Planning & Zoning Director.

Outreach and Education Materials

Consultants, designers, property owners, and a number of other interested parties need to be brought up to speed when a town receives delegation of the state regulatory program for waterwater and potable water supplies. Colchester sent a letter and a memo to all interested parties to ensure that applicants send their permit applications to the colchester town office, instead of the regional DEC office. The Town also placed two notices in local newspapers.

 

 

Contact Information

State staff are available to answer questions municipalities may have regarding delegation:

Wastewater Management Division Regional Office Program Staff

Roger Thompson, Regional Office Manager

802-241-3027

DEC Facilities Engineering Division may have information about Clean Water State Revolving Fund opportunities for municipally administered financial assistance programs.

 

Note: Written communications to and from state officials regarding state business are considered public records and therefore may be subject to public scrutiny.

 

 

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VT DEC Wastewater Management Division 103 South Main Street, Sewing Building  Waterbury, VT  05671-0405  Tele: 802-241-3822   Fax: 802-241-2596

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