§ 8002. Definitions

As used in this chapter:

(1) “Board” means the Natural Resources Board defined by subdivision 6001(1) of this title.

(2) “Compliance” means compliance with the statutes specified in section 8003 of this title and with any related rules, permits, assurances, or orders.

(3) “Investigator” means an investigator designated and duly authorized by the Secretary or the Board.

(4) “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.

(5) “Permit” means any permit, license, certification, or transitional operational authority issued under any of the statutes specified in section 8003 of this title.

(6) “Respondent” means a person who has committed or is alleged to have committed a violation.

(7) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative.

(8) “Stop work order” means an order to cease construction or other activity.

(9) “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.

(10) [Repealed.]

(11) “Economic benefit” means a reasonable approximation of any gain, advantage, wrongful profit, or delayed avoided cost, financial or otherwise, obtained as a result of a violation. Economic benefit shall not be limited to only competitive advantage obtained.

(12) “Environmental Court” or “Environmental Division” means the Environmental Division of the Superior Court established by 4 V.S.A. § 30.

(13) “Civil citation” means an environmental citation issued by the Secretary or the Board for a violation of a statute listed under subsection 8003(a) of this title.

(14) “Federally authorized or delegated program” means an area of environmental regulation where the U.S. Environmental Protection Agency has authorized or delegated to Vermont primary regulatory responsibility, including the Clean Water Act, the Clean Air Act, and the Resource Conservation and Recovery Act.

(15) “Post” means:

(A) placing a draft administrative order, assurance of discontinuance, or civil citation or a final administrative order, assurance of discontinuance, or civil citation on the website of the Secretary if he or she initiates an enforcement action under this chapter or on the website of the Board if it initiates an enforcement action; and

(B) providing public notice about the opportunity to:

(i) submit written comments regarding a draft administrative order, assurance of discontinuance, or civil citation; or

(ii) request intervention in a final administrative order, assurance of discontinuance, or civil citation.

(16) “Agency issuing the order” means the Secretary when the Secretary has issued an administrative or emergency administrative order under this chapter and the Board when the Board has issued such an order. (Added 1989, No. 98, § 1; amended 1993, No. 92, § 10; 2003, No. 115 (Adj. Sess.), § 68, eff. Jan. 31, 2005; 2007, No. 191 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), §§ 53c, 53e, 236; 2011, No. 73 (Adj. Sess.), § 1; 2013, No. 11, §§ 15, 16, 25.)