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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.

NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.

Title 10 : Conservation and Development

Chapter 047 : Water Pollution Control

Subchapter 001 : Water Pollution Control

(Cite as: 10 V.S.A. § 1268)
  • § 1268. Emergency permits

    When a discharge permit holder finds that pollution abatement facilities require repairs, replacement, or other corrective action in order for them to continue to meet standards specified in the permit, the holder may apply in the manner specified by the Secretary for an emergency pollution permit for a term sufficient to effect repairs, replacements, or other corrective action. The Secretary shall proceed in accordance with chapter 170 of this title. No emergency pollution permit shall be issued unless the applicant certifies and the Secretary finds that:

    (1) there is no present, reasonable alternative means of disposing of the waste other than by discharging it into the waters of the State during the limited period of time of the emergency;

    (2) the denial of an emergency pollution permit would work an extreme hardship upon the applicant;

    (3) the granting of an emergency pollution permit will result in some public benefit;

    (4) the discharge will not be unreasonably harmful to the quality of the receiving waters; and

    (5) the cause or reason for the emergency is not due to willful or intended acts or omissions of the applicant. (Added 1981, No. 222 (Adj. Sess.), § 25; amended 2015, No. 150 (Adj. Sess.), § 18, eff. Jan. 1, 2018; 2019, No. 14, § 31, eff. April 30, 2019.)