§ 8007. Assurances of discontinuance
§ 8007. Assurances of discontinuance (a) As an alternative to administrative or judicial proceedings, the Secretary, or the Natural Resources Board, may accept from a respondent an assurance of discontinuance of a violation. An assurance of discontinuance shall include: (1) a statement of the facts that provide the basis for claiming the violation exists and […]
§ 8008. Administrative orders
§ 8008. Administrative orders (a) The Secretary may issue an administrative order when the Secretary determines that a violation exists. When the Board determines that a violation of chapter 151 of this title exists, the Board may issue an administrative order with respect to the violation. An administrative order shall be served as provided for […]
§ 8008a. Landfill closure extension orders
§ 8008a. Landfill closure extension orders (a)(1) The Secretary may issue a landfill closure extension order when the Secretary finds that the landfill meets the criteria of section 6605e of this title. That order shall be served upon the landfill owner and operator in person or by certified mail, return receipt requested. A copy of […]
§ 8009. Emergency administrative orders; request for hearing
§ 8009. Emergency administrative orders; request for hearing (a) Grounds for issuance. The Secretary, or the Board with respect to matters relating to land use permits under chapter 151 of this title only, may issue an order under section 8008 of this title as an emergency administrative order when: (1) a violation presents an immediate […]
§ 8010. Administrative penalties
§ 8010. Administrative penalties (a) An administrative penalty may be included in an administrative order issued under section 8008 of this title or in an emergency administrative order issued under subdivision 8009(a)(1) or (3) of this title. An order assessing administrative penalties shall be accompanied by an affidavit setting forth the facts establishing the date […]
§ 8011. Permit stays
§ 8011. Permit stays (a) An administrative order may stay the effective date or processing of a permit: (1) when any activity has been commenced illegally without a permit. The order may stay the effective date of the permit for a period of time up to the number of days that the activity was commenced […]
§ 8012. Request for hearing
§ 8012. Request for hearing (a) A respondent or the Attorney General may request a hearing on an order issued by the Secretary. Notice of a request for hearing shall be filed with the Environmental Division and the Secretary. Upon receipt of the notice, the Secretary shall forward a copy of the order to the […]
§ 8013. Conduct of hearings; appeal; stay
§ 8013. Conduct of hearings; appeal; stay (a) The agency issuing the order shall have the burden of proof by a preponderance of the evidence. (b) Parties may be represented by counsel in hearings before the Environmental Division. The Agency of Natural Resources or the Board each may represent itself. A party may conduct cross-examination […]
§ 8003. Applicability
§ 8003. Applicability (a) The Secretary may take action under this chapter to enforce the following statutes and rules, permits, assurances, or orders implementing the following statutes, and the Board may take such action with respect to subdivision (10) of this subsection: (1) 10 V.S.A. chapter 23, relating to air quality; (2) 10 V.S.A. chapter […]
§ 8004. Enforcement of Act 250
§ 8004. Enforcement of Act 250 In addition to the enforcement of chapter 151 of this title on the Secretary’s initiative, the Secretary shall institute enforcement proceedings under chapter 151 when requested by the Natural Resources Board. The Secretary and the Natural Resources Board shall develop procedures for the cooperative enforcement of chapter 151 of […]