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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. § 7714)
  • § 7714. Type 3 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, except for general permits governed by section 7712 of this chapter, and when considering other permits listed in this section.

    (2) The procedures under this section shall be known as Type 3 Procedures. This section governs each of the following:

    (A) Each general permit issued pursuant to the Secretary's authority under this title other than a general permit subject to section 7712 of this chapter. However, this section does not apply to a notice of intent under a general permit.

    (B) Issuance of a dam safety order under chapter 43 of this title, except for an unsafe dam order under section 1095 of this title.

    (C) An application or request for approval of:

    (i) an aquatic nuisance control permit under chapter 50 of this title;

    (ii) a change in treatment for a public water supply under chapter 56 of this title;

    (iii) a collection plan for mercury-containing lamps under section 7156 of this title;

    (iv) an individual plan for the collection and recycling of electronic waste under section 7554 of this title; and

    (v) a primary battery stewardship plan under section 7586 of this title.

    (b) Notice of application. The Secretary shall provide notice of an administratively complete application through the environmental notice bulletin.

    (c) Notice of draft decision; comment period. The Secretary shall provide notice of the draft decision through the environmental notice bulletin and shall post the draft decision to the bulletin. The Secretary shall provide a public comment period.

    (d) Public meeting. 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.

    (e) Notice of final decision. The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the final decision to the bulletin. The Secretary shall provide a response to comments. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018; amended 2017, No. 74, § 20.)