The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 201 : Administrative Environmental Law Enforcement

Subchapter 002 : ENFORCEMENT AUTHORITY OF THE SECRETARY AND THE BOARD

• § 8003. Applicability

  (a) The Secretary may take action under this chapter to enforce the following statutes and rules, permits, assurances, or orders implementing the following statutes, and the Board may take such action with respect to subdivision (10) of this subsection:

  (1) 10 V.S.A. chapter 23, relating to air quality;

  (2) 10 V.S.A. chapter 32, relating to flood hazard areas;

  (3) 10 V.S.A. chapters 47 and 56, relating to water pollution control, water quality standards, public water supply, and lakes in crisis;

  (4) 10 V.S.A. chapters 41 and 43, relating to dams, surface water withdrawals, interbasin transfers, and stream alterations;

  (5) 10 V.S.A. chapter 37, relating to wetlands protection and water resources management;

  (6) 10 V.S.A. chapter 48, relating to well drillers and groundwater withdrawal;

  (7) 10 V.S.A. chapter 53, relating to beverage containers, provided that the Secretary may not take action to enforce the provisions of section 1530 of this title that are enforceable by the Commissioner of Taxes;

  (8) 10 V.S.A. chapter 59, relating to underground storage tanks and aboveground storage tanks;

  (9) 10 V.S.A. chapter 64, relating to potable water supplies and wastewater systems;

  (10) 10 V.S.A. chapter 151, relating to land use, and including findings and conclusions issued under section 6086b of this title;

  (11) [Repealed.]

  (12) 10 V.S.A. chapter 159, relating to solid waste, hazardous waste, and hazardous materials;

  (13) 10 V.S.A. chapter 161, relating to low-level radioactive waste;

  (14) [Repealed.]

  (15) 29 V.S.A. chapter 11, relating to lands under public waters;

  (16) 10 V.S.A. chapter 162, relating to the Texas Low-Level Radioactive Waste Disposal Compact;

  (17) 10 V.S.A. § 2625, relating to heavy cutting of timber;

  (18) 10 V.S.A. chapter 164, relating to comprehensive mercury management;

  (19) 24 V.S.A. chapter 61, subchapter 10, relating to salvage yards;

  (20) 10 V.S.A. chapter 50, relating to the control of aquatic species and introduction of algicides, pesticides, and herbicides;

  (21) 10 V.S.A. chapter 166, relating to collection and recycling of electronic waste;

  (22) 10 V.S.A. chapter 164A, collection and disposal of mercury-containing lamps;

  (23) 24 V.S.A. § 2202a, relating to a municipality’s adoption and implementation of a solid waste implementation plan that is consistent with the State Solid Waste Plan;

  (24) 10 V.S.A. chapter 49A, relating to lake shoreland protection standards;

  (25) 10 V.S.A. chapter 83, subchapter 8, relating to the importation of firewood;

  (26) 10 V.S.A. chapter 168, relating to the collection and disposal of primary batteries;

  (27) 10 V.S.A. chapter 123, relating to threatened and endangered species;

  (28) 30 V.S.A. § 255, relating to regional coordination to reduce greenhouse gases;

  (29) 10 V.S.A. § 1420, relating to abandoned vessels;

  (30) 3 V.S.A. § 2810, relating to interim environmental media standards; and

  (31) 10 V.S.A. chapter 124, relating to the trade in covered animal parts or products;

  (32) 10 V.S.A. chapter 164B, relating to collection and management of covered household hazardous products; and

  (33) 10 V.S.A. chapter 24A relating to the Climate Superfund Cost Recovery Program.

  (b) The Secretary’s administrative enforcement authority established by this chapter shall supplement any authority of the Secretary established by the chapters set forth in subsection (a) of this section to initiate criminal proceedings or civil proceedings under chapters 47, 56, 59, 123, and 159 of this title.

  (c) The authority established by this chapter shall not be construed as negating any constitutional, common law, or statutory rights of persons.

  (d) Upon the request of the Secretary of Agriculture, Food and Markets, the Secretary may take action under this chapter to enforce the agricultural water quality requirements of, rules adopted under, and permits and certifications issued under 6 V.S.A. chapter 215. The Secretary of Natural Resources and the Secretary of Agriculture, Food and Markets shall enter into a memorandum of understanding to implement this subsection. (Added 1989, No. 98, § 1; amended 1989, No. 296 (Adj. Sess.), § 10, eff. June 29, 1990; 1991, No. 71, § 3; 1993, No. 137 (Adj. Sess.), § 3; 1997, No. 15, § 4, eff. May 6, 1997; 2001, No. 133 (Adj. Sess.), § 6, eff. June 13, 2002; 2005, No. 13, § 3; 2005, No. 144 (Adj. Sess.), § 6; 2009, No. 31, § 8; 2009, No. 46, § 2, eff. July 1, 2010; 2009, No. 56, § 20; 2009, No. 79 (Adj. Sess.), § 5, eff. April 19, 2010; 2009, No. 146 (Adj. Sess.), § F14; 2011, No. 36, § 3, eff. May 19, 2011; 2011, No. 138 (Adj. Sess.), § 34, eff. July 1, 2013; 2011, No. 148 (Adj. Sess.), § 19; 2013, No. 112 (Adj. Sess.), § 2; 2013, No. 139 (Adj. Sess.), § 3, eff. May 22, 2014; 2013, No. 147 (Adj. Sess.), § 7, eff. June 1, 2014; 2013, No. 172 (Adj. Sess.), § 3; 2015, No. 61, § 9, eff. June 17, 2015; 2015, No. 64, § 21; 2015, No. 75 (Adj. Sess.), § 5; 2015, No. 76 (Adj. Sess.), § 3; 2017, No. 158 (Adj. Sess.), § 12; 2017, No. 168 (Adj. Sess.), § 7, eff. May 22, 2018; 2019, No. 21, § 8, eff. May 15, 2019; 2019, No. 62, § 9, eff. June 17, 2019; 2019, No. 169 (Adj. Sess.), § 3, eff. Jan. 1, 2022; 2021, No. 135 (Adj. Sess.), § 3, eff. July 1, 2022; 2023, No. 58, § 6, eff. June 12, 2023; 2023, No. 122 (Adj. Sess.), § 6, eff. July 1, 2024.)