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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 30 days. After the comment period expires and comments have been considered, the AOD and any written comments received during the public comment period are filed with the Attorney General and the Environmental Court. The AOD is also simultaneously posted for public notice on this website. The Court then holds the AOD for 14 days to allow any person who filed written comments during the public comment period to file a motion for permissive intervention. If a motion is filed, the Court may hold one or more hearings to determine whether to permit intervention or to evaluate the claims within the motion. The Court will sign the AOD if it is sufficient to carry out the purposes of 10 V.S.A. Chapter 201. When signed by the Environmental Court, an AOD becomes a Judicial Order. The Agency of Natural Resources Final 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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