§ 8221. Civil enforcement
(a) The Secretary, or the Natural Resources Board with respect to matters relating to land use permits under chapter 151 of this title only, may bring an action in the Civil Division of the Superior Court to enforce the provisions of law specified in subsection 8003(a) of this title, to ensure 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 remedial actions to be taken to mitigate hazard to human health or the environment.
(3) Order the design, construction, installation, operation, or maintenance of facilities designed to mitigate or prevent a hazard to 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) 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.
(6) 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 8010(b) and (c) of this title. 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 pursuant to 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 such an action, the Secretary or Board 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 must be attained, but not the necessity of compliance within a reasonable period of time. (Added 1989, No. 98, § 3; amended 2003, No. 115 (Adj. Sess.), § 73, eff. Jan. 31, 2005; 2007, No. 191 (Adj. Sess.), § 10; 2009, No. 154 (Adj. Sess.), § 53d; 2013, No. 11, § 25; 2015, No. 97 (Adj. Sess.), § 40.)
Structure Vermont Statutes