reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 170 - Department of Environmental Conservation; Standard Procedures › § 7715. Type 4 Procedures

§ 7715. Type 4 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 notice of intent under a general permit and other permits listed in this section.
(2) The procedures under this section shall be known as Type 4 Procedures. This section applies to each of the following:
(A) a notice of intent under a general permit issued pursuant to the Secretary’s authority under this title;
(B) an application for each of the following permits:
(i) construction or operation of an air contaminant source or class of sources not identified in the State’s implementation plan approved under the Clean Air Act;
(ii) construction or expansion of a public water supply under chapter 56 of this title, except that a change in treatment for a public water supply shall proceed in accordance with section 7714 of this chapter;
(iii) a category 1 underground storage tank under chapter 59 of this title;
(iv) a categorical solid waste certification under chapter 159 of this title;
(v) a medium scale composting certification under chapter 159 of this title; and
(C) a wetland determination under section 914 of this title.
(b) Notice of application. The Secretary shall provide notice of an administratively complete application through the environmental notice bulletin.
(c) Notice of draft decision; comment period. The Secretary shall provide notice of the draft decision through the environmental notice bulletin and shall post the draft decision to the bulletin. The Secretary shall provide a public comment period of at least 14 days on the draft decision.
(d) 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. The Secretary shall provide a response to comments. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018; amended 2021, No. 170 (Adj. Sess.), § 12, eff. July 1, 2022.)
2023 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;
(F) shoreland registrations authorized under chapter 49A of this title; and
(G) issuance of authorization under the Construction General Permit or individual stormwater permits issued pursuant to chapter 47 of this title, for discharges of stormwater runoff related to emergency construction activities; emergency construction activities are those necessary to address imminent risk to life or a risk of damage to public or private property, including damage to lifeline infrastructure, as determined by the Secretary.
(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; amended 2023, No. 79, § 15, eff. July 1, 2023.)
2023 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) For all permits except those subject to Type 5 Procedures, a minor amendment shall be subject to the Type 4 Procedures, except that the Secretary need not provide notice of the administratively complete application. For Type 5 Procedures, a minor amendment shall be subject to the same procedures applicable to the original permit decision under this chapter.
(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; amended 2021, No. 170 (Adj. Sess.), § 13, eff. July 1, 2022.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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;
(2) six years from the date a continuing violation ceases; or
(3) six years from the date of accrual under section 8222 of this title. (Added 1989, No. 98, § 1; amended 2007, No. 191 (Adj. Sess.), § 8; 2023, No. 46, § 27, eff. June 5, 2023.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 201 - Administrative Environmental Law Enforcement › § 8016. Rulemaking

§ 8016. Rulemaking
The Secretary, in consultation with the Natural Resources Board, shall adopt rules defining classes of violations and an appropriate range of administrative penalties to be assessed for each class of violation. The classes of violation and range of penalties shall take into account the degree of potential impact on public health, safety, and welfare and the environment resulting from the violation. No administrative penalty may be assessed as part of an administrative order pursuant to this chapter until applicable rules and procedures have been adopted. (Added 1989, No. 98, § 1; amended 2003, No. 115 (Adj. Sess.), § 72, eff. Jan. 31, 2005; 2013, No. 11, § 25.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 201 - Administrative Environmental Law Enforcement › § 8017. Annual report

§ 8017. Annual report
The Secretary and the Attorney General shall report annually to the President Pro Tempore of the Senate, the Speaker of the House, the House Committee on Environment and Energy, and the Senate Committee on Natural Resources and Energy. The report shall be filed on or before February 15 on the enforcement actions taken under this chapter and on the status of citizen complaints about environmental problems in the State. The report shall describe at a minimum the number of violations, the actions taken, the disposition of cases, the amount of penalties collected, and the cost of administering the enforcement program. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section. (Added 1989, No. 98, § 1; amended 2007, No. 191 (Adj. Sess.), § 9; 2013, No. 142 (Adj. Sess.), § 24; 2017, No. 113 (Adj. Sess.), § 49d; 2017, No. 168 (Adj. Sess.), § 19, eff. May 22, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 201 - Administrative Environmental Law Enforcement › § 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 proposed landfill closure extension order would increase the volume of waste disposed on a quarterly basis by 30 percent or more over the volume of waste disposed during the first quarter of 1992. Notice of a request for hearing shall be filed with the Environmental Division and the Secretary within 15 days of the date of receipt of the Secretary’s decision. Upon receipt of the notice, the Secretary shall forward a copy of the decision to the Environmental Division.
(b) The Environmental judge shall have authority to determine whether the Secretary’s decision is in conformance with the provisions of sections 8008a and 6605e of this title. The Environmental judge may affirm, modify, or reverse the Secretary’s decision and any provision of any order issued by the Secretary under sections 8008a and 6605e of this title.
(c) The hearing shall be held before the Environmental Division within 30 days of receipt by the Division of the notice, unless continued for good cause. The Environmental Division shall issue a written decision within 20 days of the conclusion of the hearing, and no later than 60 days from the request for hearing, unless the hearing process is extended for good cause. The decision shall be sent to the parties by certified mail, return receipt requested, and shall include:
(1) a statement that the parties have a right to appeal the decision to the Supreme Court, and a description of the procedures for requesting an appeal; and
(2) a warning that the decision will become final if no appeal is requested within 10 days of the date the decision is received.
(d) Notice of a request for hearing shall not stay the order, pending the hearing.
(e) The Environmental Division may grant party status to an interested person in a hearing under this section.
(f) As used in this section, “interested person” means a person who demonstrates that the interest of the person is not adequately represented by any other party and who has:
(1) an ownership, leasehold, or contractual interest in real property affected by the order; or
(2) an interest in the outcome of the proceeding that is distinct from the interest of the public-at-large because of the person’s place of residence, place of employment, or place of business. (Added 1991, No. 202 (Adj. Sess.), § 5, eff. May 27, 1992; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 201 - Administrative Environmental Law Enforcement › § 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, and waiver penalty amounts for each violation. The maximum civil penalty for any violation brought under this section shall not exceed $3,000.00 exclusive of court fees.
(b) A civil citation issued under this section shall preclude the issuing entity from seeking an additional monetary penalty for the violation specified in the citation when any one of the following occurs: the waiver penalty is paid, judgment is entered after trial or appeal, or a default judgment is entered. Notwithstanding this preclusion, the Agency and the Board may issue additional citations or initiate an action under chapter 201 of this title, including a monetary penalty when a violation is continuing or is repeated, and may also bring an enforcement action to obtain injunctive relief or remediation and, in such additional action, may recover the costs of bringing the additional action and the amount of any economic benefit the respondent obtained as a result of the underlying violation in accordance with subdivisions 8010(b)(7) and (c)(1) of this title.
(c) The Secretary or Board Chair and his or her duly authorized representative shall have the authority to amend or dismiss a citation by so marking the citation and returning it to the Environmental Division or by notifying the hearing officer or judge at the hearing.
(d) Subsequent to the issuance of a civil citation under this section and the conclusion of any hearing and appeal regarding that citation, the following shall be considered part of the respondent’s record of compliance when calculating a penalty under section 8010 of this title:
(1) the respondent’s payment of the full or waiver penalty stated in the citation;
(2) the respondent’s commission of a violation after the hearing before the Environmental Division on the citation;
(3) the respondent’s failure to appear or answer the citation resulting in the entry of a default judgment;
(4) a finding after appeal that the respondent committed a violation.
(e) Penalties assessed under this section shall be deposited in the General Fund. (Added 2009, No. 54, § 57, eff. June 1, 2009; amended 2011, No. 73 (Adj. Sess.), § 5; 2013, No. 11, §§ 20, 25.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 201 - Administrative Environmental Law Enforcement › § 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 recovered under this section, they shall be deposited into the special fund from which they were expended. (Added 2011, No. 73 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 211 - Civil Enforcement › § 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 compliance, and to obtain penalties in the amounts described in subsection (b) of this section. The action shall be brought by the Attorney General in the name of the State.
(b) The court may grant temporary and permanent injunctive relief and may:
(1) Enjoin future activities.
(2) Order remedial actions to be taken to mitigate hazard to human health or the environment.
(3) Order the design, construction, installation, operation, or maintenance of facilities designed to mitigate or prevent a hazard to human health or the environment or designed to assure compliance.
(4) Fix and order compensation for any public or private property destroyed or damaged.
(5) Order reimbursement from any person who caused governmental expenditures for the investigation, abatement, mitigation, or removal of a hazard to human health or the environment.
(6) Levy a civil penalty as provided in this subdivision. A civil penalty of not more than $85,000.00 may be imposed for each violation. In addition, in the case of a continuing violation, a penalty of not more than $42,500.00 may be imposed for each day the violation continues. In fixing the amount of the penalty, the court shall apply the criteria set forth in subsections 8010(b) and (c) of this title. The cost of collection of penalties or other monetary awards shall be assessed against and added to a penalty assessed against a respondent.
(c)(1) In any civil action brought pursuant to this section in which a temporary restraining order or preliminary injunction is sought, relief shall be obtained upon a showing that there is the probability of success on the merits and that:
(A) a violation exists; or
(B) a violation is imminent and substantial harm is likely to result.
(2) In such an action, the Secretary or Board need not demonstrate immediate and irreparable injury, loss, or damage.
(d) Any balancing of the equities in actions under this section may affect the time by which compliance must be attained, but not the necessity of compliance within a reasonable period of time. (Added 1989, No. 98, § 3; amended 2003, No. 115 (Adj. Sess.), § 73, eff. Jan. 31, 2005; 2007, No. 191 (Adj. Sess.), § 10; 2009, No. 154 (Adj. Sess.), § 53d; 2013, No. 11, § 25; 2015, No. 97 (Adj. Sess.), § 40.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 211 - Civil Enforcement › § 8222. Accrual of environmental contamination claims

§ 8222. Accrual of environmental contamination claims
(a) A common-law or statutory claim based on environmental contamination shall accrue so long as the contamination remains on or in an affected property or natural resource.
(b) As used in this section:
(1) “Environmental contamination” means any hazardous material or hazardous waste as defined in 10 V.S.A. § 6602, or other substance or material that has the potential to adversely affect human health or the environment (A) on or in an affected property, including in buildings or other structures, or (B) on or in a natural resource.
(2) “Natural resource” has the same meaning as in 10 V.S.A. § 6615d(a)(8).
(c) Nothing in this section shall shorten or otherwise limit any later accrual date that may apply under other source of law.
(d)(1) Except as otherwise provided in this subsection, and notwithstanding 1 V.S.A. §§ 213 and 214, or any other provision of law, this section shall apply to:
(A) any action or proceeding commenced on or after effective date of this act; and
(B) any action or proceeding that is pending on effective date of this act.
(2) This section shall not revive claims subject to a final, nonappealable judgment rendered prior to effective date of this act.
(3) This section shall not apply to a criminal claim whose limitations period expired prior to effective date of this act. (Added 2023, No. 46, § 26, eff. June 5, 2023.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 220 - Consolidated Environmental Appeals › § 8501. Purpose

§ 8501. Purpose
It is the purpose of this chapter to:
(1) consolidate existing appeal routes for municipal zoning and subdivision decisions and acts or decisions of the Secretary of Natural Resources, district environmental coordinators, and District Commissions, excluding enforcement actions brought pursuant to chapters 201 and 211 of this title and the adoption of rules under 3 V.S.A. chapter 25;
(2) standardize the appeal periods, the parties who may appeal these acts or decisions, and the ability to stay any act or decision upon appeal, taking into account the nature of the different programs affected;
(3) encourage people to get involved in the Act 250 permitting process at the initial stages of review by a District Commission by requiring participation as a prerequisite for an appeal of a District Commission decision to the Environmental Division;
(4) assure that clear appeal routes exist for acts and decisions of the Secretary of Natural Resources;
(5) consolidate appeals of decisions related to renewable energy generation plants and telecommunications facilities with review under, respectively, 30 V.S.A. §§ 248 and 248a, with appeals and consolidation of proceedings pertaining to telecommunications facilities occurring only while 30 V.S.A. § 248a remains in effect. (Added 2003, No. 115 (Adj. Sess.), § 74, eff. Jan. 31, 2005; amended 2009, No. 154 (Adj. Sess.), § 236; 2009, No. 159 (Adj. Sess.), § 16; 2011, No. 53, § 5, eff. May 27, 2011.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 220 - Consolidated Environmental Appeals › § 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 Superior Court established by 4 V.S.A. § 30.
(4) “Natural Resources Board” or “Board” means the Board established under chapter 151 of this title.
(5) “Party by right” means the following:
(A) the applicant;
(B) the landowner, if the applicant is not the landowner;
(C) the municipality in which the project site is located and the municipal and regional planning commissions for that municipality;
(D) if the project site is located on a boundary, any Vermont municipality adjacent to that border and the municipal and regional planning commissions for that municipality;
(E) the solid waste management district in which the land is located, if the development or subdivision constitutes a facility pursuant to subdivision 6602(10) of this title;
(F) any State agency affected by the proposed project.
(6) “Person” means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity.
(7) “Person aggrieved” means a person who alleges an injury to a particularized interest protected by the provisions of law listed in section 8503 of this title, attributable to an act or decision by a district coordinator, District Commission, the Secretary, or the Environmental Division that can be redressed by the Environmental Division or the Supreme Court.
(8) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative. As used in this chapter, “Secretary” shall also mean the Commissioner of Environmental Conservation, the Commissioner of Forests, Parks and Recreation, and the Commissioner of Fish and Wildlife, with respect to those statutes that refer to the authority of that commissioner or department. (Added 2003, No. 115 (Adj. Sess.), § 74, eff. Jan. 31, 2005; amended 2009, No. 154 (Adj. Sess.), §§ 53e, 236; 2013, No. 11, § 22.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 220 - Consolidated Environmental Appeals › § 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 person was a party to the proceeding before the Environmental Division; or
(2) the decision being appealed is the denial of party status; or
(3) the Supreme Court determines that:
(A) there was a procedural defect that prevented the person from participating in the proceeding; or
(B) some other condition exists that would result in manifest injustice if the person’s right to appeal were disallowed.
(b) An objection that has not been raised before the Environmental Division may not be considered by the Supreme Court, unless the failure or neglect to raise that objection is excused by the Supreme Court because of extraordinary circumstances.
(c) Only the Attorney General may represent the State in all appeals under this section. (Added 2003, No. 115 (Adj. Sess.), § 74, eff. Jan. 31, 2005; amended 2009, No. 154 (Adj. Sess.), § 236.)
2023 Vermont Statutes › Title 10 Appendix - Conservation and Development › Chapter 1 - Game › App § 1. Wild animals generally

§ 1. Wild animals generally
Wild animals, other than protected birds or game or furbearing animals, may be taken at any time, by any lawful means, by any person, holding a valid license for such taking or by any person permitted by law to take game without a license. (Added 1961, No. 119, § 2, eff. May 9, 1961.)
2023 Vermont Statutes › Title 10 Appendix - Conservation and Development › Chapter 1 - Game › App § 2. Report, big game

§ 2. Report, big game
(a) Unless otherwise specified in the 10 App. V.S.A. section relating to the specific big game species, a person taking big game, as defined by 10 V.S.A. § 4001(31), pursuant to the seasons provided by law or regulation of the Fish and Wildlife Board, shall within 48 hours report the taking and exhibit the carcass in the manner required by the Commissioner. The Commissioner may authorize a person taking big game to report in the following manners including but not limited to; electronic reporting via email or website or mobile application, telephone, or in-person reporting. The Commissioner may waive the exhibition of the carcass unless requested by a warden. The Commissioner shall publish the reporting and exhibition requirements.
(b) Notwithstanding the reporting requirements of 10 App. V.S.A. § 7 subsection 8.3 of the Bear Management Rule and 10 App. V.S.A. § 33 subsection 14.3 of the Moose Management Rule, in the event of an emergency, the Commissioner may authorize any person who takes big game to report and exhibit the carcass in the manner required by the Commissioner. The Commissioner shall publish the reporting and exhibition requirements during the emergency period. For the purposes of this section, “emergency” shall mean “a serious, unexpected, and dangerous situation that poses a threat to public health or safety, or to wildlife or natural resources, and requires immediate action.”
(c) No big game carcass shall be transported out of the State without first being reported as required herein.
(d) The Commissioner shall pay to the authorized agent a fee of $1.00 for each report taken on species where reports are required by law. (Added 1961, No. 119, § 2, eff. May 9, 1961; amended 1963, No. 144; 1971, No. 84, § 5; 1976, Fish and Game Board Reg. No. —, eff. Jan. 1, 1977; 1977, No. 225 (Adj. Sess.), § 9, eff. April 12, 1978; 1982, Fish and Game Board Reg. No. 935, § 2, eff. Sept. 1, 1982; 1985, No. 120 (Adj. Sess.), § 6, eff. April 16, 1986; 1993, Fish and Wildlife Board Reg. No. 996, eff. April 22, 1993; 2019 (Adj. Sess.) Fish and Wildlife Reg, eff. Oct. 23, 2020.)
2023 Vermont Statutes › Title 10 Appendix - Conservation and Development › Chapter 1 - Game › App § 2a. Big game; tagging

§ 2a. Big game; tagging
(a) A person taking big game, as defined by 10 V.S.A. § 4001(31), pursuant to the seasons provided by law or regulation of the Fish and Wildlife Board, shall immediately tag the big game carcass upon taking. The tag shall be placed on the big game carcass in a location that is open to view. Such tag shall remain on the big game carcass during possession and transportation and until such time that the animal is cut up for consumption.
(b) A person shall not transport parts of a big game animal unless the parts or package containing them are marked with the name and address of the person who killed the big game.
(c) A person may transport into and possess in this state big game legally taken in another state or country provided such person shall retain the tag required to be attached to the carcass by the state or country where taken and mark each package of meat with the name of the person who took the animal, tag number, date, and state or country of origin. (Added 1968, Fish and Game Board Reg. No. 778, eff. Jan. 1, 1969; amended 1985, Fish and Wildlife Board Reg. No. 957, eff. July 5, 1985; 1987, Fish and Wildlife Board Reg. No. 957, eff. Jan 1, 1987; 1989, Fish and Wildlife Board Reg. No. 957, eff. Nov. 24, 1989; 1992, Fish and Wildlife Board Reg. No. 957, eff. Nov. 14, 1992; 2008, Fish and Game Board Reg. No. 957, eff. Sept. 6, 2008.)