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Searching 2019-2020 Session

The Vermont Statutes Online

 

Title 10 : Conservation and Development

Chapter 170 : DEPARTMENT OF ENVIRONMENTAL CONSERVATION; STANDARD PROCEDURES

Subchapter 002 : STANDARD PROCEDURES

(Cite as: 10 V.S.A. § 7712)
  • § 7712. Type 1 procedures

    (a) Purpose; scope.

    (1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when adopting general permits and considering applications for individual permits under the Clean Air Act and Clean Water Act.

    (2) This section governs each application for a permit to be issued by the Secretary pursuant to the requirements of the Clean Air Act or Clean Water Act and to each general permit to be issued under one of those acts. However, the subsection does not apply to a notice of intent under a general permit. The procedures under this section shall be known as Type 1 Procedures.

    (b) Notice of application.

    (1) The applicant shall provide notice to adjoining property owners.

    (2) At least 15 days prior to posting a draft decision, the Secretary shall provide notice of an administratively complete application through the environmental notice bulletin. The environmental notice bulletin shall send notice of such an application to each person to whom notice is federally required.

    (3) This subsection (b) shall not apply to a general permit issued under this section.

    (c) Notice of draft decision or draft general permit. The Secretary shall provide notice of a draft decision or draft general permit through the environmental notice bulletin and shall post the draft decision or permit to the bulletin. In addition to the requirements of section 7711 of this chapter:

    (1) The Secretary shall post a fact sheet to the bulletin.

    (2) The environmental notice bulletin shall send notice of the draft to each person to whom notice is federally required.

    (3) The Secretary shall provide newspaper notice of the draft decision as required by this subdivision (3).

    (A) If the draft decision pertains to an application for an individual permit, the Secretary shall provide notice in a daily or weekly newspaper in the area of the proposed project if the project is classified as major pursuant to the Clean Water Act or chapter 47 of this title or if required by federal statute or regulation.

    (B) If the draft decision is a draft general permit, the Secretary shall provide notice in daily or weekly newspapers in each region of the State to which the draft general permit will apply.

    (C) In addition to the requirements of this chapter and 3 V.S.A. § 2826, the notice from the environmental notice bulletin and the newspaper notice shall include all information required pursuant to applicable federal statute and regulation.

    (d) Comment period. The Secretary shall provide a public comment period.

    (e) Public meeting. On or before the end of the comment period, any person may request a public meeting on the draft decision or draft general permit issued under this section. The Secretary shall hold a public meeting whenever any person files a written request for such a meeting. The Secretary otherwise may hold a public meeting at his or her discretion. The Secretary shall provide at least 30 days' notice of the public meeting through the environmental notice bulletin. If the notice of the public meeting is not issued at the same time as the draft decision or draft general permit, the Secretary also shall provide notice of the public meeting in the same manner as required for the draft decision or permit under subsection (c) of this section.

    (f) Notice of final decision or final general permit. The Secretary shall provide notice of the final decision or final general permit through the environmental notice bulletin and shall post the final decision or permit to the bulletin. When the Secretary issues the final decision or final general permit, the Secretary shall provide a response to comments.

    (g) Compliance with Clean Air and Water Acts. With respect to issuance of a permit under the Clean Air Act or Clean Water Act, if a requirement under those acts directs the Secretary to provide the public with greater notice, opportunity to participate, or access to information than the corresponding requirement of this chapter, the Secretary shall comply with the federal requirement. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)