§1274. Enforcement

Link to law: http://legislature.vermont.gov/statutes/section/10/047/01274
Published: 2015

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Conservation and Development








1274. Enforcement


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:

(1) Enjoin

future discharges.

(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

wildlife fund.

(5) Assess and

award punitive damages.

(6) Levy civil

penalties not to exceed $10,000.00 a day for each day of violation.

(7) Order

reimbursement to any agency of federal, state or local government from any

person whose discharge caused governmental expenditures.

(b) The

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.)