Vermont Statutes Title 10 Sec. 1931
Terms Used In Vermont Statutes Title 10 Sec. 1931
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Operator: means any person in control of, or having responsibility for, the daily operation of the underground or aboveground storage tank. See
- Owner: means :
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Secretary: means the Secretary of Natural Resources or the Secretary's duly authorized representative. See
- Subpoena: A command to a witness to appear and give testimony.
- Underground storage tank: means any one or combination of tanks, including underground pipes connected to it or them, that is or has been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to it or them, is 10 percent or more beneath the surface of the ground. See
§ 1931. Inspections; right of entry; information
For the purposes of developing or enforcing any rule, regulation, standard, permit, or order authorized by this chapter, the Secretary, or the Secretary’s authorized representative, may request and any permittee or owner or operator shall conduct monitoring or testing of tanks, associated equipment, contents, or surrounding soils, air, surface water, or groundwater and shall furnish information relating to tanks, associated equipment, and tank contents, and any duly authorized representative of the Secretary may upon presentation of appropriate credentials at any reasonable time:
(1) enter any property where underground storage tanks are located;
(2) inspect and obtain samples;
(3) inspect and copy records, reports, information, or test results relating to the purposes of this chapter;
(4) conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water, or groundwater;
(5) conduct corrective action;
(6) upon refusal of entry by a permittee or owner or operator for inspection, sampling, monitoring or testing, corrective action, or copying pursuant to this section, the Secretary or the duly authorized representative may apply for and obtain an entry order or subpoena, or both, to allow such entry, inspection, sampling, monitoring or testing, corrective action, or copying from the District or Superior Court in whose jurisdiction the property is located. An entry order or subpoena, or both, shall issue upon a showing that:
(A) there is probable cause to believe an underground storage tank is located on the property;
(B) entry onto the property has been requested; and
(C) entry has been denied. (Added 1985, No. 66, § 1; amended 1987, No. 282 (Adj. Sess.), § 10; 1989, No. 110, § 5, eff. June 20, 1989.)