Terms Used In Vermont Statutes Title 10 Sec. 8006

  • Compliance: means compliance with the statutes specified in section 8003 of this title and with any related rules, permits, assurances, or orders. See
  • Permit: means any permit, license, certification, or transitional operational authority issued under any of the statutes specified in section 8003 of this title. See
  • Person: means any individual, partnership, company, corporation, association, unincorporated association, joint venture, trust, municipality, the State of Vermont or any agency, department, or subdivision of the State, federal agency, or any other legal or commercial entity. See
  • Respondent: means a person who has committed or is alleged to have committed a violation. See
  • Secretary: means the Secretary of Natural Resources or the Secretary's duly authorized representative. See
  • Statute: A law passed by a legislature.
  • Violation: means noncompliance with one or more of the statutes specified in section 8003 of this title or any related rules, permits, assurances, or orders. See

§ 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 include a brief description of the prospective violation; identification of the statute, rule, permit, assurance, or order that is the subject of the prospective violation; and a brief description of the potential enforcement actions that may be taken if the violation occurs.

(b) When the Secretary determines that a violation exists, the Secretary may issue a written notice of the alleged violation. The notice shall be served on the respondent in person or by certified mail, return receipt requested. The notice shall include a brief description of the alleged violation; identification of the statute, rule, permit, assurance, or order that is the subject of the violation; a brief description of the Secretary’s intended course of action to address the alleged violation; and, if appropriate, specific timelines and directives to achieve compliance. (Added 1989, No. 98, § 1; amended 2007, No. 191 (Adj. Sess.), § 2.)