Vermont Statutes Title 26 Sec. 5126
Terms Used In Vermont Statutes Title 26 Sec. 5126
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Director: means the Director of the Office of Professional Regulation. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- License: means a current authorization granted by the Director permitting the practice of pollution abatement facility operation. See
- Permit: when used as a noun, means an authorization by the Agency of Natural Resources to operate a facility regulated under 10 V. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Pollution abatement facility operator: means a person who is licensed under this chapter, or pursuant to rules developed pursuant to this chapter, to engage in the practice of pollution abatement facility operation consistent with a permit. 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
§ 5126. Unprofessional conduct
(a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a committed by a licensee, an applicant, or a person who later becomes an applicant:
(1) has made or caused to be made a false, fraudulent, or forged statement or representation in procuring or attempting to procure registration or renew a license to practice as a water treatment facility operator;
(2) whether or not committed in this State, has been convicted of a crime related to pollution abatement or environmental compliance or a felony that evinces an unfitness to practice water treatment facility operation;
(3) is unable to practice pollution abatement facility operation competently by reason of any cause;
(4) has willfully or repeatedly violated or caused the violation of any of the provisions of this chapter, the terms of a permit, the Vermont Water Pollution Control Permit Regulations, or the Vermont Water Quality Standards;
(5) is habitually intemperate or is addicted to the use of habit-forming drugs;
(6) has a mental, emotional, or physical disability, the nature of which interferes with the ability to practice pollution abatement facility operation competently;
(7) engages in conduct of a character likely to deceive, defraud, or harm the public;
(8) fails to display prominently his or her pollution abatement facility operator license in the office of a facility at which he or she performs licensed activities; or
(9) unreasonably fails to ensure proper operations of the facility.
(b) A person shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Director or the Office of Professional Regulation about alleged incompetent, unprofessional, or unlawful conduct of a pollution abatement facility operator or facility, corporation, or municipal corporation employing such person. (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Jan. 1, 2017.)