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Terms Used In Vermont Statutes Title 10 Sec. 7716

  • bulletin: means the website and e-mail notification system required by 3 V. See
  • Department: means the Department of Environmental Conservation. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • General permit: means a permit that applies to a class or category of discharges, emissions, disposal, facilities, or activities within a common geographic area, including the entire State or a region of the State. See
  • Permit: includes any permit, certification, license, registration, determination, or similar form of permission required from the Department by law. See
  • Secretary: means the Secretary of Natural Resources or designee. See

§ 7716. Type 5 Procedures

(a) Purpose; scope.

(1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when issuing emergency permits and other permits listed in this section.

(2) The procedures under this section shall be known as Type 5 Procedures. This section shall govern each of the following:

(A) issuance of temporary emergency permits under section 912 of this title;

(B) applications for public water system operational permits under chapter 56 of this title;

(C) issuance of authorizations, under a stream alteration general permit issued under chapter 41 of this title, for reporting without an application, for an emergency, and for activities to prevent risks to life or of severe damage to improved property posed by the next annual flood;

(D) issuance of emergency permits issued under section 1268 of this title;

(E) issuance of emergency sludge and septage disposal approvals under section 6605 of this title;

(F) shoreland registrations authorized under chapter 49A of this title; and

(G) issuance of authorization under the Construction General Permit or individual stormwater permits issued pursuant to chapter 47 of this title, for discharges of stormwater runoff related to emergency construction activities; emergency construction activities are those necessary to address imminent risk to life or a risk of damage to public or private property, including damage to lifeline infrastructure, as determined by the Secretary.

(b) Notice of final decision. The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the decision to the bulletin. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018; amended 2023, No. 79, § 15, eff. July 1, 2023.)