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The Vermont Statutes Online
Title
06
:
Agriculture
Chapter
215
:
AGRICULTURAL WATER QUALITY
Subchapter
010
:
ENFORCEMENT
§
4995. Civil enforcement
(a) The
Secretary may bring an action in the Civil Division of the Superior Court to
enforce the requirements of this chapter, or rules adopted under this chapter,
or any permit or certification issued under this chapter, to assure compliance,
and to obtain penalties in the amounts described in subsection (b) of this
section. The action shall be brought by the Attorney General in the name of the
State.
(b) The Court
may grant temporary and permanent injunctive relief, and may:
(1) Enjoin
future activities.
(2) Order
corrective actions to be taken to mitigate or curtail any violation and to
protect human health or the environment, including a requirement that the owner
or operator of a farm sell or otherwise remove livestock from the farm or
production area when the volume of wastes produced by livestock exceeds the
infrastructure capacity of the farm or its production area to manage the waste
or waste leachate to prevent runoff or leaching of wastes to waters of the
State or groundwater as required by the standards in this chapter.
(3) Order the
design, construction, installation, operation, or maintenance of facilities
designed to mitigate or prevent a violation of this chapter or to protect human
health or the environment or designed to assure compliance.
(4) Fix and
order compensation for any public or private property destroyed or damaged.
(5) Revoke
coverage under any permit or certification issued under this chapter.
(6) Order
reimbursement from any person who caused governmental expenditures for the
investigation, abatement, mitigation, or removal of a hazard to human health or
the environment.
(7) Levy a civil
penalty as provided in this subdivision. A civil penalty of not more than
$85,000.00 may be imposed for each violation. In addition, in the case of a
continuing violation, a penalty of not more than $42,500.00 may be imposed for
each day the violation continues. In fixing the amount of the penalty, the
Court shall apply the criteria set forth in subsections (e) and (f) of this
section. The cost of collection of penalties or other monetary awards shall be
assessed against and added to a penalty assessed against a respondent.
(c)(1) In any
civil action brought under this section in which a temporary restraining order
or preliminary injunction is sought, relief shall be obtained upon a showing
that there is the probability of success on the merits and that:
(A) a violation
exists; or
(B) a violation
is imminent and substantial harm is likely to result.
(2) In a civil
action brought under this section in which a temporary restraining order or
preliminary injunction is sought, the Secretary need not demonstrate immediate
and irreparable injury, loss, or damage.
(d) Any
balancing of the equities in actions under this section may affect the time by
which compliance shall be attained, but not the necessity of compliance within
a reasonable period of time.
(e)(1) In
determining the amount of the penalty provided in subsection (b) of this
section, the Court shall consider the following:
(A) the degree
of actual or potential impact on public health, safety, welfare, and the
environment resulting from the violation;
(B) the presence
of mitigating circumstances, including unreasonable delay by the Secretary in
seeking enforcement;
(C) whether the
respondent knew or had reason to know the violation existed;
(D) the
respondent's record of compliance;
(E) the
deterrent effect of the penalty;
(F) the State's
actual costs of enforcement; and
(G) the length
of time the violation has existed.
(2) In
determining the amount of the penalty provided in subsection (b) of this
section, the Court may consider additional relevant factors.
(f) In addition
to any penalty assessed under subsection (b) of this section, the Secretary may
also recapture economic benefit resulting from a violation. (Added 2015, No.
64, § 17.)
