Vermont § 1274 - Enforcement

§ 1274. Enforcement

• (a) 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 or damaging
  the ecological functions of wetlands in violation of this chapter or chapter 37 of
  this title, or that any person has failed to comply with 2024 any provisions of any
  order or permit issued in accordance with this chapter or chapter 37 of this title,
  the Secretary may bring suit in the Superior Court in any county where the discharge,
  damage to wetlands, or noncompliance has occurred to enjoin the discharge, obtain
  compliance, and mandate restoration of damaged wetlands. 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 restoration of damaged wetlands. Wetlands damaged in violation of chapter
  37 of this title may be ordered restored, enhanced, or created. (4) Order the removal of all wastes discharged and the restoration of water quality. (5) Fix and order compensation for any public property destroyed, damaged, or injured
  or any aquatic or terrestrial biota harmed or destroyed. Compensation for fish taken
  or destroyed shall be deposited into the Fish and Wildlife Fund. (6) Assess and award punitive damages. (7) Levy civil penalties not to exceed $10,000.00 a day for each day of violation. (8) 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 that 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; 2023, No. 121 (Adj. Sess.), § 16, eff. July 1, 2024.)