§ 130. Civil enforcement
(a) The Commissioner, or a local board of health, may bring an action in the Superior Court of the county in which a violation or a public health hazard or public health risk has occurred or is occurring, to enforce the provisions of this title, or the rules, permits, or orders issued pursuant thereto, including the terms of an assurance of discontinuance entered into under section 125 of this title.
(b) The court may grant temporary and permanent injunctive relief and may exercise all the powers available to it, including:
(1) Enjoining future activities which may contribute to a public health hazard or a public health risk.
(2) Ordering remedial actions to be taken to mitigate a public health risk or to remove or destroy a public health hazard.
(3) Ordering the design, construction, installation, and operation of facilities designed to mitigate a public health risk or to assure compliance with any permit issued under this chapter.
(4) Fixing and ordering compensation for any public or private property destroyed or damaged.
(5) Ordering reimbursement from any person who caused governmental expenditures for the investigation and mitigation of the public health risk or the investigation, abatement, or removal of public health hazards.
(6) Levying civil penalties not to exceed $10,000.00 for each violation. In the case of a continuing violation, each day’s continuance may be deemed a separate violation. (Added 1985, No. 267 (Adj. Sess.), § 14; amended 2017, No. 74, § 25.)
Structure Vermont Statutes
Chapter 3 - State Board of Health
§ 101. State Board of Health, appointment and qualification
§ 103. Meetings of Board; per diem; expenses
§ 104. Office of Professional Regulation
§ 104a. Commissioner of Health; designation of advisor to Commissioner of Motor Vehicles
§ 104b. Community health and wellness grants
§ 106. Delegation of duties by Board through Commissioner
§ 107. Life and health of inhabitants; inspections; investigations
§ 108. Water supply; sanitation
§ 109. Board exercising powers of local Board of Health or health officer
§ 110. Reports by Commissioner
§ 111. Forms for reports of infectious and contagious diseases
§ 112. Circulars of information
§ 113. Services and expenditures; cooperation with other agencies; attendance upon meetings
§ 115. Public health surveillance assessment and planning
§ 116. Mother and child health service; training of nurses and workers
§ 117. Chronic fatigue syndrome
§ 120. Contract for payment of certain health benefits
§ 121. Issuance of search warrants
§ 122. Private right of action
§ 125. Assurance of discontinuance