§ 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 […]
§ 8001. Legislative findings
§ 8001. Legislative findings The General Assembly finds it necessary to standardize and enhance the enforcement powers of the Secretary of Natural Resources and the enforcement powers of the Natural Resources Board in order to: (1) enhance the protection of environmental and human health afforded by existing laws; (2) prevent the unfair economic advantage obtained […]
§ 8002. Definitions
§ 8002. Definitions As used in this chapter: (1) “Board” means the Natural Resources Board defined by subdivision 6001(1) of this title. (2) “Compliance” means compliance with the statutes specified in section 8003 of this title and with any related rules, permits, assurances, or orders. (3) “Investigator” means an investigator designated and duly authorized by […]
§ 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 […]
§ 7713. Type 2 procedures
§ 7713. Type 2 procedures (a) Purpose; scope. (1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when considering applications for individual permits, except for individual permits specifically listed in other sections of this subchapter, and when considering other permits listed in this section. […]