§ 8009 - Emergency administrative orders; request for hearing - Vermont Statutes

§ 8009. Emergency administrative orders; request for hearing

(a) Grounds for issuance. The secretary may issue an order under section 8008 of this title as an emergency administrative order when:

(1) a violation presents an immediate threat of substantial harm to the environment or an immediate threat to the public health; or

(2) an activity will or is likely to result in a violation which presents an immediate threat of substantial harm to the environment or an immediate threat to the public health; or

(3) an activity requiring a permit has been commenced and is continuing without a permit.

(b) Prerequisites to issuance. An emergency order may be issued by the secretary only if:

(1) the order has been presented to the environmental court;

(2) all reasonable efforts have been made to notify the respondent of the presentation of the order to the environmental court; and

(3) the environmental court has found that the secretary has made a sufficient showing that grounds for issuance of the order exist.

(c) Effective date of order. An emergency order shall become effective on actual notice to the respondent.

(d) Request for hearing. If an emergency order is issued, the respondent may request a hearing before the environmental court. Notice of the request for hearing shall be filed with the environmental court and the secretary within five days of receipt of the order. A hearing on the emergency order shall be held at the earliest possible time and shall take precedence over all other hearings. The hearing shall be held within five days of receipt of the notice of the request for hearing. A request for hearing on an emergency order shall not stay the order. The environmental court shall issue a decision within five days from the conclusion of the hearing, and no later than 30 days from the date the notice of request for hearing was received.

(e) Insufficient grounds. An emergency order shall be dissolved upon a finding that there were insufficient grounds for its issuance.

(f) Appeals. An appeal to the supreme court by the secretary shall stay the dissolution of an emergency order; an appeal to the supreme court by the respondent shall not stay operation of an emergency order. (Added 1989, No. 98, § 1; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995.)