§ 551. Declaration of policy and purpose (a) It is hereby declared to be the public policy of this State and the purpose of this chapter to achieve and maintain such levels of air quality as will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life […]
§ 552. Definitions As used in this chapter: (1) “Agency” means the Agency of Natural Resources. (2) “Air contaminant” means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, or any combination thereof. (3) “Air pollution” means the presence in the outdoor atmosphere of one or more air contaminants in such quantities, and […]
§ 553. Agency The Agency is designated as the air pollution control agency for the State. The Secretary or the Secretary’s duly authorized representative, within the Agency, shall perform the functions vested in the Agency, as specified in the following sections of this chapter. (Added 1967, No. 310 (Adj. Sess.), § 3; amended 1971, No. […]
§ 554. Powers In addition to any other powers conferred on him or her by law, the Secretary shall have power to: (1) Appoint and employ personnel and consultants as may be necessary for the administration of this chapter. (2) Adopt, amend, and repeal rules, implementing the provisions of this chapter. (3) Hold hearings related […]
§ 555. Classification, reporting and registration (a) The Secretary, by rule, may classify air contaminant sources, which in his or her judgment may cause or contribute to air pollution, according to levels and types of emissions and other characteristics that relate to air pollution, and may require reporting by any class. Classifications made pursuant to […]
§ 556. Permits for the construction or modification of air contaminant sources (a) No person shall construct or install any air contaminant source classified within a class or category identified by rule of the Secretary as being subject to permitting requirements under this section without first submitting a complete application to and obtaining a permit […]
§ 556a. Operating permits (a) Upon a date specified in the rules adopted by the Secretary to implement this section, it shall be unlawful for any person to operate an air contaminant source that has allowable emissions of more than 10 tons per year of all contaminants, excluding greenhouse gases, except in compliance with a […]
§ 557. Inspections Any duly authorized officer, employee, or representative of the Secretary may enter and inspect any property, premise or place on or at which an air contaminant source is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and […]
§ 558. Emission control requirements The Secretary may establish such emission control requirements, by rule, as in his or her judgment may be necessary to prevent, abate, or control air pollution. The requirements may be for the State as a whole or may vary from area to area, as may be appropriate to facilitate accomplishment […]
§ 560. Emergency procedure (a) Any other provisions of law to the contrary notwithstanding, if the Secretary finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, with the concurrence of the Governor, the Secretary shall order persons causing or contributing […]
§ 561. Variances (a) A person who owns or is in control of any plant, building, structure, process, or equipment may apply to the Secretary for a variance from the rules adopted under this chapter. The Secretary may grant a variance if the Secretary finds that: (1) the emissions occurring or proposed to occur do […]
§ 562. Hearings and judicial review appeals (a) No rule or regulation and no amendment or repeal thereof shall take effect except after public hearing. The Secretary shall appoint a time and place for the hearing and shall order the publication of the substance thereof and of the time and place of hearing two weeks […]
§ 563. Confidential records; penalty (a) Confidential records. The Secretary shall not withhold emissions data and emission monitoring data from public inspection or review. The Secretary shall keep confidential any record or other information furnished to or obtained by the Secretary concerning an air contaminant source, other than emissions data and emission monitoring data, that […]
§ 564. Local air pollution control programs (a) A municipality may establish and thereafter administer within its jurisdiction an air pollution control program that: (1) provides by ordinance or local law for requirements compatible with, or stricter or more extensive than, those imposed by sections 558, 560, and 561 of this title and regulations issued […]
§ 565. Burning wood within municipality (a) Any other provision notwithstanding, the legislative branch of a municipality may authorize the burning of natural wood and chemically untreated wood at a place within the municipality. The burning of the wood shall be conducted under the direction and at such times as the fire warden for the […]
§ 566. State and federal aid Local air pollution control agencies established or approved pursuant to this chapter may make application for, receive, administer, and expend federal funds for the control of air pollution or the development and administration of programs related to air pollution control, provided the application is first submitted to and approved […]
§ 567. Motor vehicle pollution (a) The Secretary in conjunction with the Department of Motor Vehicles may provide rules for the control of emissions from motor vehicles. Such rules may prescribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of the equipment and the […]
§ 568. Penalties (a) Any person who knowingly violates any provisions of this chapter or the rules adopted under this chapter or who knowingly fails or refuses to obey or comply with any order or the terms or conditions of any permit issued in accordance with this chapter, shall be fined not more than $100,000.00 […]
§ 569. Limitations Nothing in this chapter shall be construed to: (1) Affect the relations between employers and employees with respect to or arising out of any condition of air contamination or air pollution. (2) Supersede or limit the applicability of any law or ordinance relating to sanitation, industrial health, or safety. (3) Grant to […]
§ 570. Exemption from taxation Approved air pollution treatment facilities shall be exempted from real and personal property taxation in the same manner provided tax exemption of water treatment facilities under the provisions of 32 V.S.A. § 3802. (Added 1967, No. 310 (Adj. Sess.), § 19.)
