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The Vermont Statutes Online
Title
10
:
Conservation and Development
Chapter
201
:
ADMINISTRATIVE ENVIRONMENTAL LAW ENFORCEMENT
Subchapter
003
:
ENFORCEMENT
§
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 which 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.)