The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 211: Civil Enforcement

• § 8221. Civil enforcement

  (a) The Secretary, or the Natural Resources 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.)