2005 Vermont Code - § 8008. — Administrative orders

§ 8008. Administrative orders

(a) The secretary may issue an administrative order when the secretary determines that a violation exists. The order shall be served on the respondent in person or by certified mail, return receipt requested. 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(e) 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; and

(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.

(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. In issuing such an order, the secretary shall consider the economic effect of the order 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. (Added 1989, No. 98, § 1.)