§ 1973 - Permits
§ 1973. Permits
(a) Except as provided in this section and sections 1974 and 1978 of this title, a person shall obtain a permit from the secretary before:
(1) subdividing land;
(2) creating or modifying a campground in a manner that affects a potable water supply or wastewater system or the requirements for providing potable water and wastewater disposal;
(3) constructing, replacing, or modifying a potable water supply or wastewater system;
(4) using or operating a failed supply or failed system;
(5) constructing a new building or structure;
(6) modifying an existing building or structure in a manner that increases the design flow or modifies other operational requirements of a potable water supply or wastewater system;
(7) making a new or modified connection to a new or existing potable water supply or wastewater system; or
(8) changing the use of a building or structure in a manner that increases the design flows or modifies other operational requirements of a potable water supply or wastewater system.
(b) Application for a permit shall be made on a form prescribed by the secretary. The application shall be supported by such documents and information that the secretary, by rule, deems necessary for proper application review and the issuance of a permit.
(c) When a person replaces a potable water supply or wastewater system that has been permitted, or was exempt from permitting requirements, the secretary shall grant a variance from the technical standards if the supply or system cannot be replaced so that it is in full compliance with the rules adopted under section 1978 of this title, provided that the variance requested is the minimum necessary considering the cost of the replacement supply or system in addition to the potential impacts on human health and the environment. No variance shall be granted under this subsection if the supply or system would continue to meet the definition of a failed supply or failed system, or if the replacement supply or system allows for increases in design flows.
(d) No permit shall be issued by the secretary unless the secretary receives a statement from a licensed designer certifying that, in the exercise of his or her reasonable professional judgment, the design-related information submitted with the permit application is true and correct and the design included in an application for a permit complies with the rules.
(e) No permit issued by the secretary shall be valid for a substantially completed potable water supply and wastewater system until the secretary receives a statement from an installer or a licensed designer certifying that, in the exercise of his or her reasonable professional judgment, the installation-related information submitted is true and correct and the potable water supply and wastewater system:
(1) were installed in accordance with:
(A) the permitted design and all permit conditions; or
(B) record drawings and such record drawings are in compliance with the applicable rules, were filed with the secretary, and are in accordance with all other permit conditions;
(2) were inspected;
(3) were properly tested; and
(4) have successfully met those performance tests.
(f) The secretary shall give deference to a certification by a licensed designer with respect to the engineering design or judgment exercised by the designer in order to minimize agency review of certified designs. Nothing in this section shall limit the responsibility of the licensed designer to comply with all standards and rules, or the authority of the secretary to review and comment on design aspects of an application or to enforce agency rules with respect to the design or the design certification.
(g) If there is a dispute between the secretary and a professional engineer concerning the design prepared by a professional engineer or the judgment exercised by a professional engineer, the professional engineer may request that the disputed issues be reviewed by a licensed professional engineer employed or retained by the secretary. The secretary shall grant all such requests for review.
(h) All permits required under this section, all design and installation certifications required under this section, and all documents required by the rules adopted under this chapter to be filed in the town records shall be properly indexed and recorded in the land records pursuant to 24 V.S.A. §§ 1154 and 1161.
(i) Notwithstanding section 1-407 of the state wastewater system and potable water supply rules, effective August 16, 2002, a lot that contained two single family residences, as of January 1, 1999, but did not have the state permit required at that time is eligible for a permit for the subdivision of improved lots under subdivision 1-407(a)(2) of those rules, provided that the subdivision of the lot would only create a boundary between the two single family residences and thereby place each residence on its own lot. (Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2003, No. 13, § 2, eff. May 6, 2003; 2003, No. 121 (Adj. Sess.), § 71, eff. June 8, 2004; 2007, No. 32, § 3, eff. May 18, 2007.)