Title 10, Title 10: Conservation and Development

§ 8003. Applicability (a) The Secretary may take action under this chapter to enforce the following statutes and rules, permits, assurances, or orders implementing the following statutes, and the Board may take such action with respect to subdivision (10) of this subsection: (1) …

§ 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 Land Use Review B…

§ 8005. Investigations; inspections; affidavit of compliance (a) Inspections and investigations. (1) An investigator may perform routine inspections to determine compliance. (2) An investigator may investigate upon receipt or discovery of information that an activity is being or …

§ 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…

§ 8007. Assurances of discontinuance (a) As an alternative to administrative or judicial proceedings, the Secretary, or the Natural Resources Board, may accept from a respondent an assurance of discontinuance of a violation. An assurance of discontinuance shall include: (1) a sta…

§ 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…

§ 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 …

§ 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 admini…

§ 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 pe…

§ 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 …

§ 8012. Request for hearing (a) A respondent or the Attorney General may request a hearing on an order issued by the Secretary. Notice of a request for hearing shall be filed with the Environmental Division and the Secretary. Upon receipt of the notice, the Secretary shall forwar…

§ 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…

§ 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…

§ 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…

§ 8016. Rulemaking The Secretary, in consultation with the Land Use Review 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 shal…

§ 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 the Senate Committee on Natural Resources and Energy. The report shall be filed on or b…

§ 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 in…

§ 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. …

§ 8020. Public participation in enforcement (a) Aggrieved person. As used in this section, an “aggrieved person” means a person who alleges an injury to a particularized interest protected by a statute listed under subsection 8003(a) of this section, and the alleged injury is att…

§ 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 violat…

§ 8221. Civil enforcement (a) The Secretary, or the Land Use Review 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 subse…

§ 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 cont…

§ 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 enforc…

§ 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 …

§ 8503. Applicability (a) This chapter shall govern all appeals of an act or decision of the Secretary, excluding enforcement actions under chapters 201 and 211 of this title and rulemaking, under the following authorities and under the rules adopted under those authorities: (1) …

§ 8504. Appeals to the Environmental Division (a) Act 250 and Agency appeals. Within 30 days of the date of the act or decision, any person aggrieved by an act or decision of the Secretary, a District Commission, or a district coordinator under the provisions of law listed in sec…

§ 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, …

§ 8506. Renewable energy plant; telecommunications facility; appeals (a) Within 30 days of the date of the act or decision, any person aggrieved by an act or decision of the Secretary, under the provisions of law listed in section 8503 of this title, or any party by right may app…