§8008. Administrative orders

Link to law: http://legislature.vermont.gov/statutes/section/10/201/08008
Published: 2015

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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.)
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