Vermont § 8010 - Administrative penalties

§ 8010. Administrative penalties

• (a) An administrative penalty may be included in an administrative order issued under
  section 8008 of this title or in an emergency administrative order issued under subdivision 8009(a)(1) or (3)
  of this title. An order assessing administrative penalties shall be accompanied by
  an affidavit setting forth the facts establishing the date of violation. (b) In determining the amount of the penalty, the Secretary shall consider the following: (1) the degree of actual or potential impact on public health, safety, welfare, and the
  environment resulting from the violation; (2) the presence of mitigating circumstances, including unreasonable delay by the Secretary
  in seeking enforcement; (3) whether the respondent knew or had reason to know the violation existed; (4) the respondent’s record of compliance; (5) [Repealed.] (6) the deterrent effect of the penalty; (7) the State’s actual costs of enforcement; and (8) the length of time the violation has existed. (c)(1) A penalty of not more than $42,500.00 may be assessed for each determination of a
  separate violation. In addition, if the Secretary determines that a violation is continuing,
  the Secretary may assess a penalty of not more than $17,000.00 for each day the violation
  continues. The maximum amount of penalty assessed under this subsection shall not
  exceed $170,000.00. (2) In addition to any penalty assessed under subdivision (1) of this subsection, the
  Secretary may also recapture economic benefit resulting from a violation up to the
  $170,000.00 maximum allowed under subdivision (1) of this subsection. (d) Notwithstanding the provisions of subsection 8003(b) of this title, imposition of an administrative penalty under this section precludes imposition
  of any other administrative or civil penalty under any other provisions of law for
  the same violation. (e) Penalties assessed under this section shall be deposited in the General Fund, except
  for: (1) those penalties that are assessed as a result of a municipality’s enforcement action
  under chapter 64 of this title, in which case the municipality involved shall receive
  the penalty monies; and (2) those penalties that are assessed as a result of the State’s actual cost of enforcement
  in accordance with subdivision (b)(7) of this section, in which case the penalties
  shall be paid directly to the Agency of Natural Resources. (Added 1989, No. 98, § 1; amended 2001, No. 133 (Adj. Sess.), § 7, eff. June 13, 2002; 2007, No. 191 (Adj. Sess.), § 5; 2009, No. 146 (Adj. Sess.), § F23.)