The Orphan Stormwater Systems Program

Residential subdivisions involve the construction of new impervious surfaces like rooftops, driveways , and roads.  Since the late 1970s, developments creating new impervious surfaces above a particular threshold required a stormwater permit to discharge runoff to Waters of the State.  These permits often required a stormwater management system to collect and treat runoff. 

Many of the stormwater permits that serve residential subdivisions were issued to the original developer and have long since expired.  There are currently a number of residential subdivisions with expired stormwater permits for which there is no responsible party.  Such permits and their respective drainage systems are referred to as orphan stormwater systems, or simply "orphans."

Renewal of expired stormwater permits is in both the interest of homeowners and water quality. Expired permits are renewed by obtaining coverage under General Permit 9010 "Previously Permitted Stormwater Discharges to Waters that are Not Principally Impaired" (GP 9010).    The goal of the Orphan Stormwater Systems Program is to renew all expired, orphaned permits.

To meet this goal, the Agency of Natural Resources has launched a program to notify owners in an orphaned subdivision of their obligation to apply for GP 9010 and is making grants available to parties interested in renewing expired stormwater permits.  The grant provides funding to cover the costs associated with the permit renewal process.  Grant applications must be post marked by January 31, 2007.

Frequently Asked Questions about the Orphan Stormwater Systems Program

What is stormwater?

Stormwater is rainfall (precipitation) that does not infiltrate into the ground but rather runs off the land's surface.  Stormwater runoff can adversely affect water quality by carrying sediment and various pollutants to nearby brooks and streams.

Why are stormwater discharges permitted (regulated)?

Vermont began regulating stormwater runoff from impervious (paved or unpaved) surfaces in the late 1970s.  An increase in a watershed's impervious surfaces can cause a decline in the diversity of the stream's aquatic life. Regulating stormwater discharges maintains the biological integrity and over all health of the receiving brook, stream, or waterbody.

What is a Stormwater System?

A Stormwater System refers to the stormwater collection and treatment structures (such as stone or grass swales, ditches, storm sewers, ponds, or settling basins) necessary to manage runoff.

What is an Orphan Stormwater System?

There are four parts to the definition of an Orphan Stormwater System:

1. The stormwater collection and treatment structure operates under an expired stormwater discharge or temporary pollution permit
2. Serves a residential subdivision
3. Stormwater from the residential subdivision does NOT discharge to a stormwater impaired water.  Learn more about stormwater impaired watersheds.
4. The original permittee/developer is no longer associated with the system.

Am I required to renew my permit?

The law requires all stormwater discharge permits to be renewed before expiration, unless a permit was issued prior to 1978 or the total impervious area covered by the permit is less than 1 acre.  

Is a Temporary Pollution Permit different from a Stormwater Discharge Permit?

Permits were issued as either a Temporary Pollution Permit (2-series) or a Stormwater Discharge Permit (1-series).  They are essentially the same permit; for a brief period, the Stormwater Discharge Permit was issued under the name "Temporary Pollution Permit."    Both often required a stormwater management system to collect and treat runoff from the development.   Both an expired 2-series and 1-series permit can be renewed through the Orphans Program.

My permit expired several, several years ago.  Why is ANR just now actively encouraging permit renewal?

According to the 1998 Bianchi Law, an expired stormwater permit creates a property title encumbrance.  An expired stormwater permit is a cloud on the title and can prevent the refinancing, transfer, or sale of the property.  The ANR wants to minimize the frequency of title encumbrances due to expired stormwater discharge permits.

There are currently 17 watersheds that are stormwater impaired.  In these streams, Water Quality Standards are breeched primarily due to stormwater.  Proper management of stormwater in currently unimpaired watersheds ensures that Water Quality Standards will be met.  One way to ensure proper management is permit renewal; stormwater systems that are degraded and no longer provide adequate treatment must be repaired before the permit can be renewed.

Is there funding available?

Yes!  Grants will be awarded on a competitive basis.  Grants will cover costs such as hiring a consultant to complete the Designer's Certification and any repairs, construction, or maintenance necessary to securing coverage under GP 3-9010 as well as permit fees.

What costs are not covered by the grant?

The cost for preparation of grant application materials is reimbursable only if the grant is awarded.  Only maintenance costs necessary to obtaining GP 3-9010 are covered by the grant; the costs associated with any future maintenance or permit operating fees are not covered.  Costs incurred prior to May 23, 2006 are not eligible.

What are some of the conditions of the grant?

To be eligible for the grant, the municipality in which the orphan stormwater system is located must be willing to become either sole applicant or co-applicant on the subdivision's General Permit 3-9010 Notice of Intent.

Please note that State of Vermont is only able to grant funds to the town or municipality acting as co-permittee.

How do I apply for a grant?

Applying for the grant requires the participation of the subdivision's residents and town.  Interested residents will need to contact their municipal officials (for example, the Town Engineer or Town Manager).  Your town will need to complete an application package that includes a variety of information such as: details about the stormwater system, a description of any necessary repairs, and the amount of funding sought, etc. 

Part 2 of the application can be filled out by town manager or town engineer; in some cases, a town may need to hire a consultant to survey the stormwater system and complete the application.

To ensure your application is complete upon receipt by the ANR, an application checklist is included in the application package.  Application Materials are available here.

The purpose of the grant is to provide funding to renew the subdivision's expired permit.  Expired permits are renewed by obtaining reauthorization under General Permit 3-9010 "Previously Permitted Stormwater Discharges to Waters that are Not Principally Impaired" (commonly referred to as GP 3-9010).  General Permit 9010 is explained here.  

When should I submit my grant application?

Grant applications will be accepted for a six month period after the initial notification of towns and municipalities.  All applications for financial assistance must be postmarked by January 31, 2007.  The deadline may be extended.

What is the town's role in the application process?

Your town's involvement is fundamental to a successful grant application.  The Town will actually fill out and submit the grant application.  Prior to actually receiving funds, your town must agree to apply for GP 3-9010 as either the sole permittee or as a co-permittee with the Homeowners' or Condominium Association.

The town must be willing to  take full responsibility for the stormwater system.  This means the town will maintain, inspect, repair, or - in some cases - construct the stormwater system.  A town may need to acquire an easement or access agreement.  Maintenance side agreements between the town and the subdivision residents are allowable.

A complete application includes a letter from the appropriate town or municipal official that they agree to take the actions listed above.

Is this a competitive grant?  How is my application scored?

Yes, it is a competitive grant.  Your application is ranked amongst others.  Funds are awarded to the top ranking applications.  The applications are ranked by the following formula:

                                  # impervious acres        # of primary residence homeowners          overall average equalized grand list value for all applications received

Relative Ranking = ----------------------  X   --------------------------------------------  X   ------------------------------------------------------------------------------------

                                     grant $ requested           total # of homeowners in subdivision              average equalized grand list value of the subdivision

                                      (in units of $10k)

If I don't receive a grant, do I still need to renew my permit?

Yes.  It's likely that applications for funds will exceed the amount of money available.  Even if your town is not awarded a grant, the subdivison's stormwater discharge permit still needs to be renewed.

What if our subdivision doesn't have a Homeowner's or Condominium Association?

If your town doesn't agree to become the sole permittee for your subdivision's previously permitted stormwater system, then both the town and the Homeowners' or Condominium Association should apply together as co-permittees.  The formation of a Homeowners' or Condominium Association is critical to a successful grant application.

If you live on a private road, a group may have formed to pay for plowing or grading.  Such groups may be a good place to begin forming a formal Owner's Association. 

How do I get a copy of my expired permit?

To get a copy of the expired permit associated with your subdivision,  go to the interactive map, Stormwater Site Locator. Let Stormwater Permits (Status: Issued) be the active layer.  Type the permit number you are looking for and click on "Find String".  Information about the permit appears below the map.  Click on the permit number to see the actual permit.  You can also contact the stormwater section to request a copy at 802.241.4320.

What does the 9010 application process entail?

There are several steps in the in the 9010 application process.   It may seem a bit daunting, but the application itself is relatively easy.

1. Print out a copy of the expired permit as described above. 
2. Download the application materials.  
3. You must utilize a stormwater designer to complete the Designer's Certification.  If your stormwater treatment system consists of swales, overland flow, or catch basins and culverts, you may use a landscaping firm knowledgeable in stormwater design.  If your stormwater treatment system consists of ponds, filters, or basins, then you must use a civil engineering firm.
4.  Please submit a Notice of Intent signed by the Owner's Association and the town, a Designer's Certification, a map showing the location of the subdivision, the location of any and all discharge points, and the receiving water.  

Updated: January 2007