Vermont § 8005 - Investigations; inspections; affidavit of compliance

§ 8005. Investigations; inspections; affidavit of compliance

• (a) Inspections and investigations. (1) An investigator may perform routine inspections to determine compliance. (2) An investigator may investigate upon receipt or discovery of information that an activity
  is being or has been conducted that may constitute or cause a violation. (3) An investigator, upon presentation of credentials, may seek permission to inspect
  or investigate any portion of the property, fixtures, or other appurtenances belonging
  to or used by a person whose activity is required to be in compliance. The investigator
  shall state the purpose of the inspection or investigation. An inspection or investigation
  may include monitoring, sampling, testing, and copying of any records, reports, or
  other documents relating to the purposes to be served by compliance. (4) If permission for an inspection or investigation is refused, the investigator may
  seek an access order from the District or Superior Court in whose jurisdiction the
  property is located enabling the investigator to perform the inspection or investigation. (b) Access orders and information requests. (1) A Superior Court judge shall issue an access order when access has been refused and
  the investigator, by affidavit, describes the property to be examined and identifies: (A) a provision of a permit that authorizes the inspection; or (B) the property as being scheduled for inspection in accordance with a neutral inspection
  program adopted by the Secretary or the Land Use Review Board; or (C) facts providing reasonable grounds to believe that a violation exists and that an
  examination of the specifically described property will be of material aid in determining
  the existence of the violation. (2) A Superior Court shall issue an order requiring compliance with an information request
  submitted pursuant to section 6615c of this title when: (A) the person served with the request fails to respond to the request in the time frame
  identified by the Secretary; (B) the Secretary submits, by affidavit, facts providing reasonable grounds that a release
  or threatened release has taken place; and (C) the information will be of material aid in responding to the release or threatened
  release. (3) Issuance of an access order shall not negate the Secretary’s authority to initiate
  criminal proceedings in the same matter by referring the matter to the Office of the
  Attorney General or a State’s Attorney. (c) At any time, the Secretary, the Land Use Review Board, or a District Commission created
  pursuant to subsection 6026(b) of this title may require a permittee to file an affidavit under oath or affirmation that a facility,
  project, development, subdivision, or activity of the permittee is in compliance with
  an assurance of discontinuance or order issued under this chapter or a permit issued
  under a statute identified under subsection 8003(a) of this title or under a rule enforceable under authority set forth under a statute identified
  under subsection 8003(a) of this title. A request for an affidavit of compliance under this subsection may be delivered
  by hand or by certified mail. Failure to file an affidavit within the period prescribed
  by the Secretary, Land Use Review Board, or District Commission or the material misrepresentation
  of fact in the affidavit shall be a violation and shall also constitute grounds for
  revocation of the permit to which the affidavit requirement, assurance of discontinuance,
  or order under this chapter applies. (Added 1989, No. 98, § 1; amended 2003, No. 115 (Adj. Sess.), § 70, eff. Jan. 31, 2005; 2009, No. 146 (Adj. Sess.), § F16; 2013, No. 11, § 25; 2015, No. 154 (Adj. Sess.), § 7, eff. June 1, 2016.)