The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 201 : Administrative Environmental Law Enforcement

Subchapter 003 : Enforcement

• § 8018. Requests for hearings on landfill closure extension orders

  (a) The applicant or the Attorney General may request a hearing on the decision of the Secretary under sections 6605e and 8008a of this title. Additionally, a municipality in which the landfill is located or an interested person may request such a hearing if a proposed landfill closure extension order would increase the volume of waste disposed on a quarterly basis by 30 percent or more over the volume of waste disposed during the first quarter of 1992. Notice of a request for hearing shall be filed with the Environmental Division and the Secretary within 15 days of the date of receipt of the Secretary’s decision. Upon receipt of the notice, the Secretary shall forward a copy of the decision to the Environmental Division.

  (b) The Environmental judge shall have authority to determine whether the Secretary’s decision is in conformance with the provisions of sections 8008a and 6605e of this title. The Environmental judge may affirm, modify, or reverse the Secretary’s decision and any provision of any order issued by the Secretary under sections 8008a and 6605e of this title.

  (c) The hearing shall be held before the Environmental Division within 30 days of receipt by the Division of the notice, unless continued for good cause. The Environmental Division shall issue a written decision within 20 days of the conclusion of the hearing, and no later than 60 days from the request for hearing, unless the hearing process is extended for good cause. The decision shall be sent to the parties by certified mail, return receipt requested, and shall include:

  (1) a statement that the parties have a right to appeal the decision to the Supreme Court, and a description of the procedures for requesting an appeal; and

  (2) a warning that the decision will become final if no appeal is requested within 10 days of the date the decision is received.

  (d) Notice of a request for hearing shall not stay the order, pending the hearing.

  (e) The Environmental Division may grant party status to an interested person in a hearing under this section.

  (f) As used in this section, “interested person” means a person who demonstrates that the interest of the person is not adequately represented by any other party and who has:

  (1) an ownership, leasehold, or contractual interest in real property affected by the order; or

  (2) an interest in the outcome of the proceeding that is distinct from the interest of the public-at-large because of the person’s place of residence, place of employment, or place of business. (Added 1991, No. 202 (Adj. Sess.), § 5, eff. May 27, 1992; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236.)