10 V.S.A. Section 8008 authorizes the Secretary to issue an Administrative Order (AO) when the Secretary determines that a violation exists. An AO includes a statement of facts which provide the basis for claiming the violation exists; an identification of the applicable statute, rule, permit, assurance or order; and if applicable, a directive that the respondent take actions necessary to achieve compliance, to abate potential or existing environmental or health hazards, and to restore the environment to the condition existing before the violation. An AO also includes a statement that the respondent has a right to a hearing; a description of the procedures for requesting a hearing; a statement that the AO is effective on receipt unless stayed on request for a hearing filed within 15 days; and a statement that unless the respondent requests a hearing, the AO becomes a judicial order when filed with and signed by the Environmental Court. An AO may also include a stop work order that directs the respondent to stop work until a permit is issued, compliance is achieved, a hazard is abated, or any combination of these tasks; a stay of the effective date or processing of a permit; and a proposed penalty or penalty structure.

Once the Secretary issues an AO 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 AO is served on the respondent in accordance with applicable statute and court rules. Once served, the AO, proof of service, and any written comments received during the public comment period are filed with the Attorney General and the Environmental Court. The AO is also simultaneously posted for public notice on this website. The Court then holds the AO 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 AO in the event that the AO is properly served on a respondent; the respondent does not request a hearing within 15 days of receipt of the AO; and the AO otherwise meets the requirements of 10 V.S.A. Chapter 201. When signed by the Environmental Court, the AO becomes a Judicial Order.

If a respondent requests a hearing on an AO, the Environmental Court will then schedule one or more pretrial conferences, issue appropriate orders, and schedule the matter for trial. During this process, the parties may enter into an AOD to resolve an AO pending before the Environmental Court.

The Agency of Natural Resources Final AOs since 1996 can be seen via this page.

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