201 Definitions
As used in these rules, the following terms shall have the
specified meaning or the meaning given to them in
10 V.S.A. §
1416. If a term is not defined it shall have
its common meaning:
(1) "Agency" means
the agency of natural resources.
(2) "Aquifer" means a water bearing stratum
of permeable rock, sand, gravel or other soils.
(3) "Area of contribution" means the
geographic area supplying groundwater to a point or points of groundwater
withdrawal, groundwater discharge to the land surface, groundwater discharge to
significant wetlands, or groundwater discharge directly to surface
water.
(4) "Area of influence"
means, the geographic area where the piezometric surface of the groundwater is
lowered due to influence of a groundwater withdrawal. Impacts on surface water,
including changes in flow or water surface elevation are included in the area
of influence. This is not the same as the area of contribution to a point of
groundwater withdrawal.
(5)
"Baseline withdrawal" means highest amount withdrawn by a person within a
twenty four hour period from January 1, 2005 through December 31,
2010.
(6) "Bottled water" means any
non-carbonated, non-flavored water placed in a sealed container for sale or
distribution to the public with the express or implied intent of providing
water for human consumption.
(7)
"Bottled water system" means a public water system that bottles drinking water
for public distribution and sale. A domestic bottled water system is a bottled
water system with at least one source located within Vermont. An imported
bottled water system is a bottled water system with all sources located outside
of Vermont.
(8) "Bulk water" means
drinking water delivered to consumers or water purveyors by means other than
pipeline or bottled water.
(9)
"Effluent water resource" means the reach of a water resource where the
piezometric surface of the groundwater is higher than the surface water
elevation at that location at that time (e.g. a gaining stream).
(10) "Estimated yield" means an estimate of
the maximum short-term withdrawal rate that a source or an existing source can
produce (e.g. driller's estimated yield).
(11) "Existing source" means a location where
a person withdraws, or is permitted to withdraw groundwater or surface water
for any purpose in existence at the time a proposed source applies to the
Secretary for a permit, amendment, or renewal.
(12) "Farming" means farming as the term is
defined in
10 V.S.A. §
6001(22).
(13) "Flowing artesian well" means a well
that intersects groundwater with a piezometric elevation above the top of the
well casing. If the well is left uncapped, groundwater will flow freely from
the well at a rate dependent on the elevation of the piezometric surface and
the physical properties of the aquifer.
(14) "Groundwater" means water below the land
surface in a zone of saturation, including springs. This term does not include
surface water.
(15) "Influent water
resource" means the reach of a water resource where the piezometric surface in
groundwater is lower than surface water elevation at that location at that time
(e.g. a losing stream).
(16)
"Interference" means the measurable or predicable impact to a water resource or
an existing source caused by a withdrawal from a proposed source.
(17) "Monitoring well" means a device used to
monitor the depth or elevation of the piezometric surface, or groundwater
quality.
(18) "Ownership or legal
control" means an easement, right of way, deed or other legal document that
creates an enforceable permanent property interest that transfers all
development rights to the applicant within the source isolation zone of the
proposed source.
(19) "Permanent
legal access" means an easement, right of way, deed or other legal document
that creates an enforceable permanent property interest that provides access to
the tract of land for the purposes of construction, operation and maintenance
of the proposed source and control of land use activities surrounding the
source.
(20) "Person" means any
individual, partnership, company, corporation, cooperative, association,
unincorporated association, joint venture, trust, the state of Vermont or any
department, agency, subdivision, or municipality, the United States government
or any department, agency, or subdivision, or any other legal or commercial
entity.
(21) "Place of business"
means one or more contiguous parcels of land owned or controlled by the same
person.
(22) "Proposed source"
means the location proposed to be permitted under these rules.
(23) "Public water supply" means a public
water supply as defined in
10 V.S.A. §
1671.
(24) "Pumping test" means a method to test a
well in order to determine aquifer characteristics, source interference, safe
yield, area of influence, and other aquifer parameters.
(25) "Pumped well" means a well with a pump
or other device used to mechanically extract groundwater.
(26) "Qualified professional" means a person
with training or experience in hydrogeology, surficial geology, and bedrock
geology sufficient to adequately prepare the hydrogeologic studies and analyses
required by these rules.
(27) "Safe
yield" means an amount of groundwater that can sustainably be withdrawn from a
proposed source that will not cause an undue adverse effect on existing sources
or water resources.
(28)
"Secretary" means the secretary of the agency of natural resources or the
secretary's duly authorized representative.
(29) "Significant wetland" means a wetland
defined as a "significant wetland" under the Vermont wetlands rule.
(30) "Spring" means a location, whether
developed (e.g. by a spring box or tile) or undeveloped, where groundwater
flows naturally to the surface of the earth prior to the development of the
spring. For purposes of these rules, developed spring is considered a well when
groundwater is withdrawn from the source at a rate greater than its overflow
discharge.
(31) "Surface water"
means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs
and all bodies of surface waters, artificial or natural, that are contained
within, flow through or border upon the state or any portion of it.
(32) "Tract of land" means one or more
contiguous parcels of land owned or controlled by the same person.
(33) "Undue adverse effect" means an effect
from the withdrawal of groundwater that meets the undue adverse effect criteria
of § 24-511.
(34) "Water budget"
means an assessment of the water resources and existing sources, including the
water inputs (precipitation, regional flow of surface water or groundwater, and
anthropogenic recharges) and outputs (evapotranspiration, runoff, existing
sources and surface water and groundwater flow out of the area being assessed).
A water budget shall be calculated using climatic normals (e.g. precipitation,
evapotranspiration, and temperature).
(35) "Water resource" means groundwater,
surface water, and significant wetlands.
(36) "Well" means any hole drilled, driven,
bored, excavated, or created by similar method into the earth to locate,
monitor, extract, or recharge groundwater. This term does not include
springs.
(37) "Wetlands" means
those areas of the state that are inundated by surface or ground water with a
frequency sufficient to support significant vegetation or aquatic life that
depend on saturated or seasonally saturated soil conditions for growth and
reproduction. Such areas include but are not limited to marshes, swamps,
sloughs, potholes, fens, river and lake overflows, mud flats, bogs, and ponds,
but excluding such areas that grow food or crops in connection with farming
activities.
(38) "Withdrawal" means
the intentional removal of groundwater by any method from a source or
sources.