2011 Vermont Code
Title 06 Agriculture
Chapter 215 AGRICULTURAL WATER QUALITY
§ 4812 Corrective actions

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TITLE 6

Agriculture

PART X

Vermont Agricultural Products

CHAPTER 215. AGRICULTURAL WATER QUALITY

Subchapter II. Water Quality; Accepted Agricultural Practices and Best Management Practices

§ 4812. Corrective actions

(a) When the secretary of agriculture, food and markets determines that a person engaged in farming is managing a farm using practices which are inconsistent with practices defined by rules under this subchapter, the secretary may issue a written warning which shall be served in person or by certified mail, return receipt requested. The warning shall include a brief description of the alleged violation, identification of this statute and applicable rules, a recommendation for corrective actions that may be taken by the person, along with a summary of federal and state assistance programs which may be utilized by the person to remedy the violation and a request for an abatement schedule from the person according to which the practice shall be altered. The person shall have 30 days to respond to the written warning. If the person fails to respond to the written warning within this period or to take corrective action to change the practices in order to protect water quality, the secret

ary may act pursuant to subsection (b) of this section in order to protect water quality.

(b) After an opportunity for a hearing, the secretary may issue cease and desist orders and institute appropriate proceedings on behalf of the agency to enforce this subchapter.

(c) Whenever the secretary believes that any person engaged in farming is in violation of this subchapter or rules adopted thereunder, an action may be brought in the name of the agency in a court of competent jurisdiction to restrain by temporary or permanent injunction the continuation or repetition of the violation. The court may issue temporary or permanent injunctions, and other relief as may be necessary and appropriate to curtail any violations.

(d) The secretary may assess administrative penalties in accordance with sections 15, 16, and 17 of this title against any farmer who violates a cease and desist order or other order issued under subsection (b) of this section.

(e) Any person subject to an enforcement order or an administrative penalty who is aggrieved by the final decision of the secretary may appeal to the superior court within 30 days of the decision. The administrative judge may specially assign an environmental judge to superior court for the purpose of hearing an appeal. (Added 1991, No. 261 (Adj. Sess.), { 4; amended 1993, No. 232 (Adj. Sess.), { 38, eff. March 15, 1995; 2003, No. 42, { 2, eff. May 27, 2003; 2005, No. 78, { 2, eff. June 24, 2005; 2007, No. 38, { 14, eff. May 21, 2007.)