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¶13. The validity of the City's ordinances is a question of law and therefore subject to de novo review. See In re Vill. Assocs. Act 250 Land Use Permit, 2010 VT 42A, ¶ 7, 188 Vt. 113, 998 A.2d 712. In addressing this question, however, we accept the trial court's findings of fact as long as they are supported by the evidence. See Whippie v. O'Connor, 2010 VT 32, ¶ 12, 187 Vt. 523, 996 A.2d 1154.
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¶26. Although the 1926 prohibition has not been explicitly repealed, the entire statutory scheme that authorized the order has been eliminated. The 1926 order was made under the authority of a law granting the Board of Health the authority to issue orders prohibiting activities judged to potentially pollute a source of water. See 1917 G.L. § 6313; see also Quattropani, 99 Vt. at 362, 133 A. at 353. The law at the time further provided that "[a] person who violates a rule, regulation or order made under the provisions of this chapter shall be imprisoned not more than one year or fined not more than five hundred dollars." 1917 G.L. § 6322. Subject to minor amendments and reorganization, these provisions continued largely intact until 1989. See 1947 V.S. §§ 7462-7475; 18 V.S.A. §§ 1201-1214 (repealed 1989). In particular, the law continued to recognize the authority of the Board of Health to issue orders pertaining to public water supplies and continued to impose criminal penalties for the violation of such orders. See 1947 V.S. §§ 7468, 7475; 18 V.S.A. §§ 1207, 1214 (repealed 1989). These provisions were repealed in 1989, when the basic source protection processes in existence today were created – the only difference being that the authority that has been vested with ANR since 1991 was at that time vested with the Vermont Department of Health. See 1989, No. 105, §§ 1, 5. Compare 18 V.S.A. §§ 1231-1239 (repealed 1991), with 10 V.S.A. §§ 1671-1679. The 1989 law makes no reference to authority to issue orders nor does it impose penalties for violation of orders.
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¶30. ANR did promulgate a new set of rules, known collectively as the Water Supply Rule. See Water Supply Rule, 12 Code of Vt. Rules 12 030 003, available at http://www.michie.com/vermont. Section 16 sets forth the rules protecting public water supplies from contamination. The central provision is that public water supplies are required to have a "source protection plan" approved by ANR, the purpose of which is to identify potential sources of contamination in a specific area, known as the "source protection area." See id. § 16.1. Both of these terms of art figure into the question of whether the State – in particular ANR – has adopted the 1926 health order.
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