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Terms Used In Vermont Statutes Title 18 Sec. 613

  • 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.
  • Local board of health: means the local health officer, with the selectboard of the town or city council of a city. See
  • Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
  • Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See

§ 613. Powers of local board

(a) A local board of health may make and enforce rules in such town or city relating to the prevention, removal, or destruction of public health hazards and the mitigation of public health risks, provided that such rules have been approved by the Commissioner. Such rules shall be posted and published in the same manner that ordinances of the municipality are required to be posted and published.

(b) A local board’s jurisdiction over sewage disposal includes emergent conditions which create a risk to the public health as a result of sewage treatment and disposal, or its effects on water supply, but does not include the power to adopt ordinances, rules, or regulations relating to design standards for on-site sewage disposal systems. The board may act to abate nuisances affecting public health caused by the failure of a sewage disposal system to:

(1) prevent surfacing of sewage and the creation of a health hazard; or

(2) prevent the pollution or contamination of drinking water supplies, groundwater, and surface water; or

(3) maintain sanitary and healthful conditions during operation.

(c) All rules or ordinances adopted by a local board of health shall be consistent with the purposes, policies, and provisions of this title. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1983, No. 117 (Adj. Sess.), § 3; 1985, No. 267 (Adj. Sess.), § 22; 2017, No. 113 (Adj. Sess.), § 54.)