§ 8221. Civil enforcement
(a) The Secretary, or the Land Use Review 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.)
§ 8222. Accrual of environmental contamination claims
(a) A common-law or statutory claim based on environmental contamination shall accrue
so long as the contamination remains on or in an affected property or natural resource.
(b) As used in this section:
(1) “Environmental contamination” means any hazardous material or hazardous waste as defined
in 10 V.S.A. § 6602, or other substance or material that has the potential to adversely affect human
health or the environment (A) on or in an affected property, including in buildings
or other structures, or (B) on or in a natural resource.
(2) “Natural resource” has the same meaning as in 10 V.S.A. § 6615d(a)(8).
(c) Nothing in this section shall shorten or otherwise limit any later accrual date that
may apply under other source of law.
(d)(1) Except as otherwise provided in this subsection, and notwithstanding 1 V.S.A. §§ 213 and 214, or any other provision of law, this section shall apply to:
(A) any action or proceeding commenced on or after effective date of this act; and
(B) any action or proceeding that is pending on effective date of this act.
(2) This section shall not revive claims subject to a final, nonappealable judgment rendered
prior to effective date of this act.
(3) This section shall not apply to a criminal claim whose limitations period expired
prior to effective date of this act. (Added 2023, No. 46, § 26, eff. June 5, 2023.)