Vermont § 8019 - Civil citations

§ 8019. Civil citations

• (a) The Secretary and the Board each shall have the authority to adopt rules for the issuance
  of civil citations for violations of their respective enabling statutes or rules adopted
  under those statutes that are enforceable in the Environmental Division. Any proposed
  rule under this section shall include the full, minimum, and waiver penalty amounts
  for each violation. The maximum civil penalty for any violation brought under this
  section shall not exceed $3,000.00 exclusive of court fees. (b) A civil citation issued under this section shall preclude the issuing entity from
  seeking an additional monetary penalty for the violation specified in the citation
  when any one of the following occurs: the waiver penalty is paid, judgment is entered
  after trial or appeal, or a default judgment is entered. Notwithstanding this preclusion,
  the Agency and the Board may issue additional citations or initiate an action under
  chapter 201 of this title, including a monetary penalty when a violation is continuing
  or is repeated, and may also bring an enforcement action to obtain injunctive relief
  or remediation and, in such additional action, may recover the costs of bringing the
  additional action and the amount of any economic benefit the respondent obtained as
  a result of the underlying violation in accordance with subdivisions 8010(b)(7) and
  (c)(1) of this title. (c) The Secretary or Board Chair and his or her duly authorized representative shall have
  the authority to amend or dismiss a citation by so marking the citation and returning
  it to the Environmental Division or by notifying the hearing officer or judge at the
  hearing. (d) Subsequent to the issuance of a civil citation under this section and the conclusion
  of any hearing and appeal regarding that citation, the following shall be considered
  part of the respondent’s record of compliance when calculating a penalty under section 8010 of this title: (1) the respondent’s payment of the full or waiver penalty stated in the citation; (2) the respondent’s commission of a violation after the hearing before the Environmental
  Division on the citation; (3) the respondent’s failure to appear or answer the citation resulting in the entry of
  a default judgment; (4) a finding after appeal that the respondent committed a violation. (e) Penalties assessed under this section shall be deposited in the General Fund. (Added 2009, No. 54, § 57, eff. June 1, 2009; amended 2011, No. 73 (Adj. Sess.), § 5; 2013, No. 11, §§ 20, 25.)