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Assurances of Discontinuance
10 V.S.A. Section 8007 authorizes the Secretary to accept from a respondent an Assurance of Discontinuance (AOD) for a violation as an alternative to administrative or judicial proceedings. An AOD is a written settlement agreement, signed by the Secretary and the respondent, which specifies the statute(s) or regulation(s) alleged to have been violated. An AOD also includes a statement of the facts which provide the basis for claiming the violation exists and a description of the violation determined by the Secretary; and an agreement by the respondent to perform specific actions to prevent, abate or alleviate environmental problems caused by the violation, or to restore the environment to its condition before the violation, including financial responsibility for such actions. An AOD may also include prevention, abatement, alleviation or restoration schedules; contribution toward other projects related to the violation, which the respondent and the Secretary agree will enhance the natural resources of the area affected by the violation, or their use and enjoyment; and payment of monetary penalties, including stipulated penalties for violation of the assurance. Once the Secretary and the respondent sign the AOD it is then made available for public comment via this website for 20 days. After the comment period has expired and the comments have been considered, the AOD is filed with the Attorney General and the Environmental Court. When signed by the Environmental Court, an AOD becomes a Judicial Order. The Agency of Natural Resources' AODs since 1996 can be seen via this page. There are two ways to search for our Assurance of Discontinuances:
Click here for Land Use Panel AODs on the Natural Resources Board's Land Use Panel web site. |
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