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Vermont Statutes Annotated

Vt. Stat. Ann. tit. 10, § 1263 (2026)

✓ current as of May 2026
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Subchapter 001 : WATER POLLUTION CONTROL

(Cite as: 10 V.S.A. § 1263)
Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1988–2025 · leading case: Plum Creek Maine Timberlands, LLC v. Vermont Dep't of Forests, Parks & Rec. & Vermont Dep't of Taxes, 2016 VT 103 (Vt. 2016).
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Plum Creek Maine Timberlands, LLC v. Vermont Dep't of Forests, Parks & Rec. & Vermont Dep't of Taxes, 2016 VT 103 (Vt. 2016). · cites it 2× “Both can result in termination from the UVA program, but AMPs violations that result in unpermitted discharges of waste into the waters of the state in violation of 10 V.S.A. § 1263(a) can result in civil penalties up to $10,000 per day for each day of violation.”
In Re Hawk Mountain Corp., 542 A.2d 261 (Vt. 1988). · cites it 3× “In addition, the Board concluded that since wastes would be discharged into the Tweed River a discharge permit is required under 10 V.S.A. § 1263, and unless appellants complied with this requirement, no Act 250 land use permit could be granted.”
Sec'y, Vermont Agency of Nat. Resources v. Irish, 738 A.2d 571 (Vt. 1999). “Although the law requires that any person who intends to discharge waste into state waters must obtain a permit, see 10 V.S.A. § 1263, there is no requirement that the State prove intent to establish a violation of § 1259, which simply provides that, “No person shall discharge…”
Petition of Town of Sherburne, 581 A.2d 274 (Vt. 1990). “10 V.S.A. § 1263. Section 1252(c) directs the Board to “adopt standards of water quality to achieve the purposes of the water classifications.”
In Re Entergy Nuclear Vermont Yankee Discharge Permit 3-1199, 2009 VT 124 (Vt. 2009). “” 10 V.S.A. § 1263(c). Thus, in Vermont, ANR is the body that addresses either an initial permit applica *149 tion or permit amendment application requesting a thermal variance, like the one at issue here.”
Diverging Diamond Interchange SW Permit (Vt. Super. Ct. 2017). · cites it 3× “Thus, Vallee submits, a stormwater permit issued pursuant to the Stormwater Management Rule must comply with and conform to the terms of the previously approved MS4 General Permit.”
Champlain Parkway SW Discharge Permit - Decision on Motion (Dismiss) (Vt. Super. Ct. 2019). · cites it 2× “See 10 V.S.A. § 1263 (discharge permits); cf.”
Entergy Nuclear/Vermont Yankee Thermal Discharge Permit Amendment (Vt. Super. Ct. 2008). · cites it 3× “Under 10 V.S.A. § 1263(d)(4), a discharge permit is valid for a specific period of time, not to exceed five years.”
Entergy Nuclear/Vermont Yankee Thermal Discharge Permit Amendment (Vt. Super. Ct. 2007). · cites it 3× “In connection with this task the Court has the same authority as the ANR, including to impose conditions as provided in 10 V.S.A. §1263(c), and is required to apply the same substantive standards as were applicable before the ANR.”
Unified buddhist Church, Inc. Indirect Discharge Permit (Vt. Super. Ct. 2008). · cites it 2× “contain not only the technical water quality standards governing the quality of the receiving waters, they also contain policies established by the WRB for the ANR’s administration of the programs aimed at achieving those water quality standards in the waters of Vermont,…”
Diverging Diamond Interchange - Decision on Motion to Dismiss Questions (Vt. Super. Ct. 2018). “, 10 V.S.A. § 1263–64; Stormwater Management Rule, 16-3 Vt.”
Aberth v. Dec (Vt. Super. Ct. 2025). “” See 10 V.S.A. § 1263 (discharge permits). The State argues that the Environmental Division has exclusive jurisdiction over such a claim under 4 V.”
Show all 15 citing cases →
— Vt. Stat. Ann. tit. 10, § 1263(a) — 1 case
Plum Creek Maine Timberlands, LLC v. Vermont Dep't of Forests, Parks & Rec. & Vermont Dep't of Taxes, 2016 VT 103 (Vt. 2016). “Both can result in termination from the UVA program, but AMPs violations that result in unpermitted discharges of waste into the waters of the state in violation of 10 V.S.A. § 1263(a) can result in civil penalties up to $10,000 per day for each day of violation.”
— Vt. Stat. Ann. tit. 10, § 1263(b) — 1 case
Diverging Diamond Interchange SW Permit (Vt. Super. Ct. 2017). “Thus, Vallee submits, a stormwater permit issued pursuant to the Stormwater Management Rule must comply with and conform to the terms of the previously approved MS4 General Permit.”
— Vt. Stat. Ann. tit. 10, § 1263(c) — 2 cases
In Re Entergy Nuclear Vermont Yankee Discharge Permit 3-1199, 2009 VT 124 (Vt. 2009). “” 10 V.S.A. § 1263(c). Thus, in Vermont, ANR is the body that addresses either an initial permit applica *149 tion or permit amendment application requesting a thermal variance, like the one at issue here.”
Entergy Nuclear/Vermont Yankee Thermal Discharge Permit Amendment (Vt. Super. Ct. 2007). “In connection with this task the Court has the same authority as the ANR, including to impose conditions as provided in 10 V.S.A. §1263(c), and is required to apply the same substantive standards as were applicable before the ANR.”
— Vt. Stat. Ann. tit. 10, § 1263(d)(4) — 2 cases
Entergy Nuclear/Vermont Yankee Thermal Discharge Permit Amendment (Vt. Super. Ct. 2008). “Under 10 V.S.A. § 1263(d)(4), a discharge permit is valid for a specific period of time, not to exceed five years.”
Entergy Nuclear/Vermont Yankee Thermal Discharge Permit Amendment (Vt. Super. Ct. 2007). “In connection with this task the Court has the same authority as the ANR, including to impose conditions as provided in 10 V.S.A. §1263(c), and is required to apply the same substantive standards as were applicable before the ANR.”
— Vt. Stat. Ann. tit. 10, § 1263(e) — 3 cases
Entergy Nuclear/Vermont Yankee Thermal Discharge Permit Amendment (Vt. Super. Ct. 2008). “Under 10 V.S.A. § 1263(d)(4), a discharge permit is valid for a specific period of time, not to exceed five years.”
Champlain Parkway SW Discharge Permit - Decision on Motion (Dismiss) (Vt. Super. Ct. 2019). “See 10 V.S.A. § 1263 (discharge permits); cf.”
Entergy Nuclear/Vermont Yankee Thermal Discharge Permit Amendment (Vt. Super. Ct. 2007). “In connection with this task the Court has the same authority as the ANR, including to impose conditions as provided in 10 V.S.A. §1263(c), and is required to apply the same substantive standards as were applicable before the ANR.”
— Vt. Stat. Ann. tit. 10, § 1263(f) — 1 case
Unified buddhist Church, Inc. Indirect Discharge Permit (Vt. Super. Ct. 2008). “contain not only the technical water quality standards governing the quality of the receiving waters, they also contain policies established by the WRB for the ANR’s administration of the programs aimed at achieving those water quality standards in the waters of Vermont,…”
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