The Vermont Statutes Online
Conservation and Development
WATER POLLUTION CONTROL
WATER POLLUTION CONTROL
Notwithstanding any other provision or procedure set forth in this chapter, if
the secretary finds that any person has discharged or is discharging any waste
in violation of this chapter or that any person has failed to comply with any
provisions of any order or permit issued in accordance with this chapter, the
secretary may bring suit in the superior court in any county where the
discharge or noncompliance has occurred to enjoin the discharge and to obtain
compliance. The suit shall be brought by the attorney general in the name of
the state. The court may issue a temporary injunction or order in any such
proceedings and may exercise all the plenary powers available to it in addition
to the power to:
(2) Order the
design, construction, installation or operation of pollution abatement
facilities or alternate waste disposal systems.
(3) Order the
removal of all wastes discharged and the restoration of water quality.
(4) Fix and
order compensation for any public property destroyed, damaged or injured.
Compensation for fish taken or destroyed shall be deposited into the fish and
(5) Assess and
award punitive damages.
(6) Levy civil
penalties not to exceed $10,000.00 a day for each day of violation.
reimbursement to any agency of federal, state or local government from any
person whose discharge caused governmental expenditures.
secretary, by rule, shall define those violations which are significant, based
upon the magnitude, duration, consequences and causes of the violation. When a
significant violation occurs, the secretary may initiate proceedings to compel
compliance by and seek penalties from the violator. A court, upon finding that
such a violation has occurred, shall order compliance and retain jurisdiction
to assure that compliance schedules are met. The court also shall impose
penalties. Action under this section shall not restrict the secretary's
authority to proceed under section 1267 of this title. (Added 1969, No. 252
(Adj. Sess.), § 16, eff. April 4, 1970; amended 1971, No. 185 (Adj. Sess.), §
236, eff. March 29, 1972; 1973, No. 103, § 11, eff. April 24, 1973; 1973, No.
112, § 4, eff. April 25, 1973; 1981, No. 222 (Adj. Sess.), § 25; 1985, No. 199
(Adj. Sess.),§§ 9, 10, eff. May 17, 1986; 1989, No. 205 (Adj. Sess.), § 3.)