reglab/housing_qa huggingface dataset:
10 V.S.A. § 7716
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 170 - Department of Environmental Conservation; Standard Procedures|§ 7716. Type 5 Procedures

§ 7716. Type 5 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 issuing emergency permits and other permits listed in this section. (2) The procedures under this section shall be known as Type 5 Procedures. This section shall govern each of the following:  (A) issuance of temporary emergency permits under section 912 of this title; (B) applications for public water system operational permits under chapter 56 of this title; (C) issuance of authorizations, under a stream alteration general permit issued under chapter 41 of this title, for reporting without an application, for an emergency, and for activities to prevent risks to life or of severe damage to improved property posed by the next annual flood; (D) issuance of emergency permits issued under section 1268 of this title; (E) issuance of emergency sludge and septage disposal approvals under section 6605 of this title; and (F) shoreland registrations authorized under chapter 49A of this title.    (b) Notice of final decision. The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the decision to the bulletin. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)
10 V.S.A. § 7717
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 170 - Department of Environmental Conservation; Standard Procedures|§ 7717. Amendments; renewals

§ 7717. Amendments; renewals|(a) A major amendment shall be subject to the same procedures applicable to the original permit decision under this chapter.(b) A minor amendment shall be subject to the Type 4 Procedures, except that the Secretary need not provide notice of the administratively complete application.(c) An administrative amendment shall not be subject to the procedural requirements of this chapter.(d) A person may renew a permit under the same procedures applicable to the original permit decision under this chapter.(e) With respect to amending a permit issued under the Clean Air Act or Clean Water Act, if a requirement under those acts directs the Secretary to provide the public with greater notice, opportunity to participate, or access to information than the corresponding requirement of this chapter, the Secretary shall comply with the federal requirement. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)
10 V.S.A. § 7718
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 170 - Department of Environmental Conservation; Standard Procedures|§ 7718. Exemptions

§ 7718. Exemptions|This subchapter shall not govern an application or petition for:  (1) an unsafe dam order under section 1095 of this title; (2) a potable water supply and wastewater permit under subsection 1973(j) of this title; (3) a hazardous waste facility certification under section 6606 of this title; and (4) a certificate of need under section 6606a of this title. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)
10 V.S.A. § 8001
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 201 - Administrative Environmental Law Enforcement|§ 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 by persons who operate in violation of environmental laws; (3) provide for more even-handed enforcement of environmental laws; (4) foster greater compliance with environmental laws; (5) deter repeated violation of environmental laws; and (6) establish a fair and consistent system for assessing administrative penalties. (Added 1989, No. 98, § 1; amended 2003, No. 115 (Adj. Sess.), § 67, eff. Jan. 31, 2005; 2013, No. 11, § 25.)
10 V.S.A. § 8004
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 201 - Administrative Environmental Law Enforcement|§ 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 this title. (Added 1989, No. 98, § 1; amended 2003, No. 115 (Adj. Sess.), § 69, eff. Jan. 31, 2005; 2013, No. 11, § 25.)
10 V.S.A. § 8006
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 201 - Administrative Environmental Law Enforcement|§ 8006. Warning; notice of alleged violation

§ 8006. Warning; notice of alleged violation|(a) When the Secretary determines that a violation will or is likely to occur, the Secretary may issue a written warning that shall be served on the respondent in person or by certified mail, return receipt requested. The warning shall include a brief description of the prospective violation; identification of the statute, rule, permit, assurance, or order that is the subject of the prospective violation; and a brief description of the potential enforcement actions that may be taken if the violation occurs.(b) When the Secretary determines that a violation exists, the Secretary may issue a written notice of the alleged violation. The notice shall be served on the respondent in person or by certified mail, return receipt requested. The notice shall include a brief description of the alleged violation; identification of the statute, rule, permit, assurance, or order that is the subject of the violation; a brief description of the Secretary's intended course of action to address the alleged violation; and, if appropriate, specific timelines and directives to achieve compliance. (Added 1989, No. 98, § 1; amended 2007, No. 191 (Adj. Sess.), § 2.)
10 V.S.A. § 8008
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 201 - Administrative Environmental Law Enforcement|§ 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 under the Vermont Rules of Civil Procedure. A copy of the order also shall be delivered to the Attorney General. An order shall be effective on receipt unless stayed under subsection 8012(d) of this title.(b) An order shall include:  (1) a statement of the facts that provide the basis for claiming the violation exists; (2) identification of the applicable statute, rule, permit, assurance, or order; (3) a statement that the respondent has a right to a hearing under section 8012 of this title, and a description of the procedures for requesting a hearing; (4) a statement that the order is effective on receipt unless stayed on request for a hearing filed within 15 days; (5) if applicable, a directive that the respondent take actions necessary to achieve compliance, to abate potential or existing environmental or health hazards, and to restore the environment to the condition existing before the violation; and (6) a statement that unless the respondent requests a hearing under this section, the order becomes a judicial order when filed with and signed by the Environmental Division.   (c) An order may include:  (1) a "stop work" order that directs the respondent to stop work until a permit is issued, compliance is achieved, a hazard is abated, or any combination of the above. The agency issuing the order shall consider the economic effect of a "stop work" order, if included, on individuals other than the respondent; (2) a stay of the effective date or processing of a permit under section 8011 of this title; and (3) a proposed penalty or penalty structure.   (d)(1) The administrative order and proof of service shall be simultaneously filed with the Attorney General and the Environmental Division. The Division shall sign the administrative order in the event that:   (A) the administrative order is properly served on a respondent in accordance with subsection (a) of this section; (B) the respondent does not request a hearing in accordance with subsection (b) of this section; and (C) the order otherwise meets the requirements of this chapter.  (2) When signed by the Environmental Division, the administrative order shall become a judicial order. Upon motion by the Attorney General made within 10 days of the date the administrative order is signed by the Division and upon a finding by the Division that the order is insufficient to carry out the purposes of this chapter, the Division shall vacate the order. (Added 1989, No. 98, § 1; amended 2007, No. 191 (Adj. Sess.), § 4; 2009, No. 146 (Adj. Sess.), § F18; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 11, § 17.)
10 V.S.A. § 8008a
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 201 - Administrative Environmental Law Enforcement|§ 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 the order also shall be delivered to the Attorney General. An order shall be effective on receipt.  (2) If any proposed landfill closure extension order would extend the service area or change a permit condition, including a specified closure date, then before issuing the order, the Secretary shall provide notice of the opportunity for public comment on the proposal and on any proposed findings with respect to the order. This notice shall be provided to the persons specified in subdivisions 6605d(e)(2)(A) through (D) of this title and to any other persons that, in advance, have requested notice in writing. Upon receipt of a written request for a public informational meeting, signed by no less than 15 persons, the Secretary shall warn and hold a public informational meeting on the issuance of the order. An order may be issued no sooner than 14 days after providing notice under this subsection or, if a public informational meeting is held, no sooner than seven days after the date of the meeting.   (b) A landfill closure extension order shall include:  (1) a statement of the facts that provide the basis for the Secretary's determination of compliance with the provisions of section 6605e of this title; (2) a statement that the owner and operator have a right to a hearing under section 8018 of this title and a description of the procedures for requesting a hearing; (3) a schedule for cessation of operations, closure, and commencement of postclosure care; (4) implementation schedules and conditions regarding the operation and closure of the landfill; and (5) a requirement that by November 15, 1992, the owner and operator will submit to the Secretary a revised closure plan that addresses the additional waste that will be accepted. This plan shall be in conformance with the solid waste management rules. (Added 1991, No. 202 (Adj. Sess.), § 4, eff. May 27, 1992.)
10 V.S.A. § 8009
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 201 - Administrative Environmental Law Enforcement|§ 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 threat of substantial harm to the environment or an immediate threat to the public health; or (2) an activity will or is likely to result in a violation that presents an immediate threat of substantial harm to the environment or an immediate threat to the public health; or (3) an activity requiring a permit has been commenced and is continuing without a permit.   (b) Prerequisites to issuance. An emergency administrative order may be issued only if:  (1) the order has been presented to the Environmental Division; (2) all reasonable efforts have been made to notify the respondent of the presentation of the order to the Environmental Division; and (3) the Environmental Division has found that the agency issuing the order has made a sufficient showing that grounds for issuance of the order exist.   (c) Effective date of order. An emergency order shall become effective on actual notice to the respondent.(d) Request for hearing. If an emergency order is issued, the respondent may request a hearing before the Environmental Division. Notice of the request for hearing shall be filed with the Environmental Division and the agency issuing the order within five business days of receipt of the order. A hearing on the emergency order shall be held at the earliest possible time and shall take precedence over all other hearings. The hearing shall be held within five business days of receipt of the notice of the request for hearing. A request for hearing on an emergency order shall not stay the order. The Environmental Division shall issue a decision within five business days from the conclusion of the hearing and no later than 30 days from the date the notice of request for hearing was received.(e) Insufficient grounds. An emergency order shall be dissolved upon a finding that there were insufficient grounds for its issuance.(f) Appeals. An appeal to the Supreme Court by the Secretary or the Board shall stay the dissolution of an emergency order; an appeal to the Supreme Court by the respondent shall not stay operation of an emergency order. (Added 1989, No. 98, § 1; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 11, § 18; 2017, No. 11, § 12.)
10 V.S.A. § 8010
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 201 - Administrative Environmental Law Enforcement|§ 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 of violation.(b) In determining the amount of the penalty, the Secretary shall consider the following:  (1) the degree of actual or potential impact on public health, safety, welfare, and the environment resulting from the violation; (2) the presence of mitigating circumstances, including unreasonable delay by the Secretary in seeking enforcement; (3) whether the respondent knew or had reason to know the violation existed; (4) the respondent's record of compliance; (5) [Repealed.] (6) the deterrent effect of the penalty; (7) the State's actual costs of enforcement; and (8) the length of time the violation has existed.   (c)(1) A penalty of not more than $42,500.00 may be assessed for each determination of a separate violation. In addition, if the Secretary determines that a violation is continuing, the Secretary may assess a penalty of not more than $17,000.00 for each day the violation continues. The maximum amount of penalty assessed under this subsection shall not exceed $170,000.00.  (2) In addition to any penalty assessed under subdivision (1) of this subsection, the Secretary may also recapture economic benefit resulting from a violation up to the $170,000.00 maximum allowed under subdivision (1) of this subsection.   (d) Notwithstanding the provisions of subsection 8003(b) of this title, imposition of an administrative penalty under this section precludes imposition of any other administrative or civil penalty under any other provisions of law for the same violation.(e) Penalties assessed under this section shall be deposited in the General Fund, except for:  (1) those penalties that are assessed as a result of a municipality's enforcement action under chapter 64 of this title, in which case the municipality involved shall receive the penalty monies; and (2) those penalties that are assessed as a result of the State's actual cost of enforcement in accordance with subdivision (b)(7) of this section, in which case the penalties shall be paid directly to the Agency of Natural Resources. (Added 1989, No. 98, § 1; amended 2001, No. 133 (Adj. Sess.), § 7, eff. June 13, 2002; 2007, No. 191 (Adj. Sess.), § 5; 2009, No. 146 (Adj. Sess.), § F23.)
10 V.S.A. § 8011
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 201 - Administrative Environmental Law Enforcement|§ 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 before the permit was issued. This period of time shall not include the time from the date that work was stopped until the date a permit is issued; or (2) when an applicant for a permit or for an amendment to a permit is not in compliance with an administrative order or an assurance of discontinuance with respect to a violation that is directly related to the activity that is the subject of the application; or (3) when an applicant for a permit or for an amendment to a permit has one or more current violations.   (b) A stay shall be issued under this section only if the violation was caused by the applicant, by a person under the applicant's control, or by a person who has control of the applicant.(c) The processing of the application may be stayed until the respondent is in compliance with the directives in the order. An order for a permit stay shall not be stayed pending a hearing.(d) In lieu of a permit stay under subdivision (a)(2) or (3) of this section, where an applicant for a permit or an amendment to a permit is not in compliance with an administrative order or an assurance of discontinuance, an administrative order may require the applicant to post a bond or other financial surety in an amount reasonably calculated to cover the costs necessary to achieve compliance as a condition for the processing of the application. (Added 1989, No. 98, § 1; amended 2007, No. 191 (Adj. Sess.), § 6.)
10 V.S.A. § 8013
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 201 - Administrative Environmental Law Enforcement|§ 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 required for a full and true disclosure of the facts.(c) An appeal from a decision of the Environmental Division may be taken by the Secretary, the Board, or the respondent to the Supreme Court. The Attorney General also may appeal if the Attorney General has appeared as a party.(d) An appeal by a respondent or the Attorney General to the Supreme Court shall not stay an order, but shall stay payment of a penalty. A respondent may petition the Supreme Court for a stay of an order. (Added 1989, No. 98, § 1; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 73 (Adj. Sess.), § 3; 2013, No. 11, § 19.)
10 V.S.A. § 8014
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 201 - Administrative Environmental Law Enforcement|§ 8014. Enforcement of final orders; collection actions

§ 8014. Enforcement of final orders; collection actions|(a) The Secretary may seek enforcement of a final administrative order, final orders pursuant to an assurance of discontinuance, or civil citations pursuant to section 8019 of this title, or a landfill extension order in the Civil, Criminal, or Environmental Division of the Superior Court.(b) If a penalty is assessed and the respondent fails to pay the assessed penalty within the time prescribed, the Secretary may bring a collection action in any Civil or Criminal Division of the Superior Court. In addition, when a respondent, except for a municipality, fails to pay an assessed penalty or fails to pay a contribution under subdivision 8007(b)(2) of this title within the prescribed time period, the Secretary or the Natural Resources Board shall stay the effective date or the processing of any pending permit application or renewal application in which the respondent is involved until payment in full of all outstanding penalties has been received. When a municipality fails to pay an assessed penalty or fails to pay a contribution under subdivision 8007(b)(2) of this title within the prescribed time period, the Secretary or the Natural Resources Board may stay the effective date or the processing of any pending permit application or renewal application in which the municipality is involved until payment in full of all outstanding penalties has been received. For purposes of this subsection, "municipality" shall mean a city, town, or village. The Secretary or the Natural Resources Board may collect interest on an assessed penalty that a respondent fails to pay within the prescribed time. The Secretary or the Natural Resources Board shall collect interest on a contribution under subdivision 8007(b)(2) of this title that a respondent fails to pay within the prescribed time.(c) Notwithstanding 32 V.S.A. § 502, the Secretary may contract with private collection agencies, or with attorneys engaged for similar purposes, for the collection of penalties or other monetary awards owed pursuant to assurances of discontinuance, final administrative orders, emergency administrative orders, or judgments after hearing or other judicial rulings. The cost of collection shall be assessed against and added to the penalty assessed against a respondent. The Secretary may agree to pay private collection agencies or attorneys a fixed rate for services rendered or a percentage of the amount actually collected by the agencies or attorneys and remitted to the Secretary. (Added 1989, No. 98, § 1; amended 1991, No. 202 (Adj. Sess.), § 6, eff. May 27, 1992; 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 1999, No. 155 (Adj. Sess.), § 8; 2007, No. 191 (Adj. Sess.), § 7; 2009, No. 154 (Adj. Sess.), § 63; 2011, No. 73 (Adj. Sess.), § 4; 2013, No. 11, § 25.)
10 V.S.A. § 8015
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 201 - Administrative Environmental Law Enforcement|§ 8015. Statute of limitations

§ 8015. Statute of limitations|Notwithstanding any other provision of law, actions brought under this chapter or chapter 211 of this title shall be commenced within the later of:  (1) six years from the date the violation is or reasonably should have been discovered; or (2) six years from the date a continuing violation ceases. (Added 1989, No. 98, § 1; amended 2007, No. 191 (Adj. Sess.), § 8.)