Vermont Statutes Title 10 Sec. 554
Terms Used In Vermont Statutes Title 10 Sec. 554
- Air contaminant: means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, or any combination thereof. See
- Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants in such quantities, and duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property. See
- Contract: A legal written agreement that becomes binding when signed.
- Emission: means a release into the outdoor atmosphere of air contaminants. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Person: shall mean an individual, partnership, corporation, association, unincorporated organization, trust, or any other legal or commercial entity, including a joint venture or affiliated ownership. See
- Secretary: means the Secretary of Natural Resources or the Secretary's duly authorized representative. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Subpoena: A command to a witness to appear and give testimony.
§ 554. Powers
In addition to any other powers conferred on him or her by law, the Secretary shall have power to:
(1) Appoint and employ personnel and consultants as may be necessary for the administration of this chapter.
(2) Adopt, amend, and repeal rules, implementing the provisions of this chapter.
(3) Hold hearings related to any aspect of or matter in the administration of this chapter, and in connection therewith, subpoena witnesses and the production of evidence.
(4) Issue orders as may be necessary to effectuate the purposes of this chapter and enforce the same by all appropriate administrative and judicial proceedings.
(5) Prepare and develop a comprehensive plan or plans for the prevention, abatement, and control of air pollution in this State.
(6) [Repealed.]
(7) Encourage local units of government to handle air pollution problems within their respective jurisdiction, and by compact on a cooperative basis, and to provide technical and consultative assistance therefor.
(8) Encourage and conduct studies, investigations, and research relating to air contamination and air pollution and their causes, effects, prevention, abatement, and control.
(9) Determine by appropriate means the degree of air contamination and air pollution in the State and the several parts thereof.
(10) Make a continuing study of the effects of the emission of air contaminants from motor vehicles on the quality of the outdoor atmosphere of this State and the several parts thereof, and make recommendations to appropriate public and private bodies with respect thereto.
(11) Establish ambient air quality standards for the State as a whole or for any part thereof, based on nationally recognized criteria applicable to the State of Vermont.
(12) Collect and disseminate information and conduct educational and training programs relating to air contamination and air pollution.
(13) Advise, consult, contract, and cooperate with other agencies of the State, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups.
(14) Consult, upon request, with any person proposing to construct, install, or otherwise acquire an air contaminant source or device or system for the control thereof, concerning the efficacy of the device or system, or the air pollution problem that may be related to the source, device or system. Nothing in any consultation shall be construed to relieve a person from compliance with this chapter, rules in force pursuant thereto, or any other provision of law.
(15) Accept, receive, and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose of carrying out any of the functions of this chapter. The funds received by the Secretary pursuant to this section shall be deposited in the State Treasury to the account of the Secretary.
(16) Have access to records relating to emissions that cause or contribute to air contamination. (Added 1967, No. 310 (Adj. Sess.), § 4; amended 1971, No. 212 (Adj. Sess.), § 3; 1989, No. 98, § 4(b).)