§8011. Permit stays

Link to law: http://legislature.vermont.gov/statutes/section/10/201/08011
Published: 2015

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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.)
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