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