§ 8502. Definitions
§ 8502. Definitions As used in this chapter: (1) “District Commission” means a District Environmental Commission established under chapter 151 of this title. (2) “District coordinator” means a district environmental coordinator attached to a District Commission established under chapter 151 of this title. (3) “Environmental Court” or “Environmental Division” means the Environmental Division of the […]
§ 8503. Applicability
§ 8503. Applicability (a) This chapter shall govern all appeals of an act or decision of the Secretary, excluding enforcement actions under chapters 201 and 211 of this title and rulemaking, under the following authorities and under the rules adopted under those authorities: (1) The following provisions of this title: (A) chapter 23 (air pollution […]
§ 8504. Appeals to the Environmental Division
§ 8504. Appeals to the Environmental Division (a) Act 250 and Agency appeals. Within 30 days of the date of the act or decision, any person aggrieved by an act or decision of the Secretary, a District Commission, or a district coordinator under the provisions of law listed in section 8503 of this title, or […]
§ 8505. Appeals to the Supreme Court
§ 8505. Appeals to the Supreme Court (a) Any person aggrieved by a decision of the Environmental Division pursuant to this subchapter, any party by right, or the Board may appeal to the Supreme Court within 30 days of the date of the entry of the order or judgment appealed from, provided that: (1) the […]
§ 8506. Renewable energy plant; telecommunications facility; appeals
§ 8506. Renewable energy plant; telecommunications facility; appeals (a) Within 30 days of the date of the act or decision, any person aggrieved by an act or decision of the Secretary, under the provisions of law listed in section 8503 of this title, or any party by right may appeal to the Public Utility Commission […]
§ 8018. Requests for hearings on landfill closure extension orders
§ 8018. Requests for hearings on landfill closure extension orders (a) The applicant or the Attorney General may request a hearing on the decision of the Secretary under sections 6605e and 8008a of this title. Additionally, a municipality in which the landfill is located or an interested person may request such a hearing if a […]
§ 8019. Civil citations
§ 8019. Civil citations (a) The Secretary and the Board each shall have the authority to adopt rules for the issuance of civil citations for violations of their respective enabling statutes or rules adopted under those statutes that are enforceable in the Environmental Division. Any proposed rule under this section shall include the full, minimum, […]
§ 8020. Public participation in enforcement
§ 8020. Public participation in enforcement (a) Aggrieved person. As used in this section, an “aggrieved person” means a person who alleges an injury to a particularized interest protected by a statute listed under subsection 8003(a) of this section, and the alleged injury is attributable to a violation addressed by an assurance of discontinuance, administrative […]
§ 8021. Cost recovery
§ 8021. Cost recovery (a) In addition to any existing authority, the Secretary, in issuing an administrative order, emergency order, or assurance of discontinuance under this chapter, may recover monies expended from a special fund for a cleanup related to an environmental violation, provided that such recovered monies not exceed $20,000.00. (b) When monies are […]
§ 8221. Civil enforcement
§ 8221. Civil enforcement (a) The Secretary, or the Natural Resources Board with respect to matters relating to land use permits under chapter 151 of this title only, may bring an action in the Civil Division of the Superior Court to enforce the provisions of law specified in subsection 8003(a) of this title, to ensure […]