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State counsel briefs committee on Clean Water Act, Act 64, TMDLs and recent EPA findings on farm permitting
Summary
A state counsel reviewed federal Clean Water Act basics, Vermont’s Act 64 (the state Clean Water Act), TMDL implementation, the 3‑acre stormwater permit, and a recent EPA finding that prompted ANR to submit a corrective action plan about CAFO inspection and permitting.
Michael O’Grady, identified in the meeting as state counsel, briefed the Natural Resources & Energy committee on federal and state water quality law, the Lake Champlain total maximum daily load (TMDL) process, and recent enforcement concerns tied to farm permitting and concentrated animal feeding operations (CAFOs).
O’Grady summarized the Clean Water Act’s twin regulatory tools: a permitting program (NPDES) for point‑source discharges and a water‑quality standards process that requires states to assess waters and prepare TMDLs for impaired waters. He said key legal terms — “pollutant,” “point source” and “navigable waters” (waters of the United States) — have long been litigated and clarified by court decisions and federal rulemaking.
O’Grady explained that Vermont has historically adopted standards that go beyond federal minimums (for example, including certain wetlands), and that Vermont has held delegated NPDES authority from EPA since the 1970s. He described…
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