Vermont § 8014 - Enforcement of final orders; collection actions

§ 8014. Enforcement of final orders; collection actions

• (a) The Secretary may seek enforcement of a final administrative order, final orders pursuant
  to an assurance of discontinuance, or civil citations pursuant to section 8019 of this title, or a landfill extension order in the Civil, Criminal, or Environmental Division
  of the Superior Court. (b) If a penalty is assessed and the respondent fails to pay the assessed penalty within
  the time prescribed, the Secretary may bring a collection action in any Civil or Criminal
  Division of the Superior Court. In addition, when a respondent, except for a municipality,
  fails to pay an assessed penalty or fails to pay a contribution under subdivision 8007(b)(2) of this title within the prescribed time period, the Secretary or the Land Use Review Board shall
  stay the effective date or the processing of any pending permit application or renewal
  application in which the respondent is involved until payment in full of all outstanding
  penalties has been received. When a municipality fails to pay an assessed penalty
  or fails to pay a contribution under subdivision 8007(b)(2) of this title within the prescribed time period, the Secretary or the Land Use Review Board may
  stay the effective date or the processing of any pending permit application or renewal
  application in which the municipality is involved until payment in full of all outstanding
  penalties has been received. For purposes of this subsection, “municipality” shall
  mean a city, town, or village. The Secretary or the Land Use Review Board may collect
  interest on an assessed penalty that a respondent fails to pay within the prescribed
  time. The Secretary or the Land Use Review Board shall collect interest on a contribution
  under subdivision 8007(b)(2) of this title that a respondent fails to pay within the prescribed time. (c) Notwithstanding 32 V.S.A. § 502, the Secretary may contract with private collection agencies, or with attorneys engaged
  for similar purposes, for the collection of penalties or other monetary awards owed
  pursuant to assurances of discontinuance, final administrative orders, emergency administrative
  orders, or judgments after hearing or other judicial rulings. The cost of collection
  shall be assessed against and added to the penalty assessed against a respondent.
  The Secretary may agree to pay private collection agencies or attorneys a fixed rate
  for services rendered or a percentage of the amount actually collected by the agencies
  or attorneys and remitted to the Secretary. (Added 1989, No. 98, § 1; amended 1991, No. 202 (Adj. Sess.), § 6, eff. May 27, 1992; 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 1999, No. 155 (Adj. Sess.), § 8; 2007, No. 191 (Adj. Sess.), § 7; 2009, No. 154 (Adj. Sess.), § 63; 2011, No. 73 (Adj. Sess.), § 4; 2013, No. 11, § 25.)