The Vermont Statutes Online

Title 18: Health

Chapter 003: Department of Health; Commissioner of Health

• § 101. Repealed. 2023, No. 53, § 22, eff. June 8, 2023.

  (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; repealed by 2023, No. 53, § 22, eff. June 8, 2023.)

• § 102. Duties of Commissioner of Health

  The Commissioner shall supervise and direct the execution of all laws vested in the Department of Health by virtue of this title and shall formulate and carry out all policies relating thereto and shall adopt such rules as are necessary to administer this title and shall make a biennial report with recommendations to the Governor and to the General Assembly. The Commissioner’s jurisdiction over sewage disposal includes emergent conditions that create a risk to the public health as a result of sewage treatment and disposal, or its effects on water supply, but does not include rulemaking on design standards for on-site sewage disposal systems. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1983, No. 117 (Adj. Sess.), § 2; 2015, No. 23, § 104; 2023, No. 53, § 23, eff. June 8, 2023.)

• § 103. Repealed. 2023, No. 53, § 24, eff. June 8, 2023.

  (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; repealed by 2023, No. 53, § 24, eff. June 8, 2023.)

• § 104. Commissioner of Health

  (a) The Secretary shall appoint a Commissioner of Health, as provided in 3 V.S.A. § 3051, who shall be either a physician licensed to practice medicine and surgery in this State or a health care professional who has at least a master’s degree in public health or a related health care field and who, in addition, has had practical experience in the field of public health.

  (b) The Commissioner may delegate such powers and assign such duties to members of the Department as may be deemed appropriate and necessary for the proper execution of the provisions of this title. If the Commissioner is not a physician licensed to practice medicine and surgery in this State, the Commissioner shall fill an existing exempt position within the Department by appointing a chief medical officer who shall be a physician licensed to practice medicine and surgery in this State and who shall report to the Commissioner.

  (c) The powers set forth in this title are in addition to the common law and statutory powers or remedies of the State otherwise provided by law.

  (d) Upon receipt of information regarding a condition that may be a public health hazard, the Commissioner shall conduct an investigation. The investigation may include an inspection of the premises where the public health hazard may exist and may include monitoring and testing.

  (e) The Commissioner shall establish guidelines for conducting investigations and inspections and for determining whether a public health risk or public health hazard is a local or a State problem.

  (f) When applicable, the Commissioner shall make use of the best scientific, environmental, medical, engineering, epidemiological, hydrological, geological, ecological, and sanitation practices when issuing permits and orders and when establishing practices, procedures, rules, and guidelines under this title.

  (g) The Commissioner may enter into contracts to provide services, provided the Department is not otherwise required to provide such services, and provision of such services does not interfere with the Department’s statutory purposes and programs. The Department may charge for services provided under this subsection. Charges collected under this subsection shall be credited to separate special funds for each type of contractual service and shall be available to the Department to offset the costs of each type of service.

  (h) The Commissioner may bill a third party insurer for services provided by the Department to persons covered by such insurance. Charges collected under this subsection shall be credited to a special fund and shall be available to the Department to offset the cost of such services.

  (i) The Commissioner may accept and retain any product rebates received for items purchased in support of departmental programs. Charges collected under this subsection shall be credited to separate special funds and shall be available to the Department to offset the cost of such programs. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1985, No. 267 (Adj. Sess.), § 3; 1997, No. 155 (Adj. Sess.), § 55, eff. April 29, 1998; 2007, No. 152 (Adj. Sess.), § 1; 2023, No. 6, § 90, eff. July 1, 2023.)

• § 104a. Commissioner of Health; designation of advisor to Commissioner of Motor Vehicles

  The Commissioner of Health, upon request by the Commissioner of Motor Vehicles, shall designate an appropriate professional member of the Department to serve as advisor to the Commissioner of Motor Vehicles on health aspects of the licensing of motor vehicle operators. (Added 1967, No. 251 (Adj. Sess.), § 1, eff. Feb. 20, 1968.)

• § 104b. Community health and wellness grants

  (a) The Commissioner shall establish a program for awarding competitive, substantial, multiyear grants to comprehensive community health and wellness projects. Successful projects must:

  (1) use comprehensive approaches designed to promote healthy behavior and disease prevention across the community and across the lifespan of individual Vermonters and address issues that may include promoting nutrition and exercise for children, community recreation programs, elderly wellness, lead poisoning abatement, obesity prevention, maternal and child health and immunization, mental health and substance abuse, and tobacco prevention and cessation;

  (2) be consistent with the Blueprint for Health and other State health initiatives as well as the overall goals of the applicant community;

  (3) be goal and result driven;

  (4) use strategies that have been demonstrated to be effective in reaching the desired goal;

  (5) provide data for evaluating and monitoring progress;

  (6) include a plan for ensuring that all food vending machines located in public buildings within the control of the grant recipient contain foods and portion sizes consistent with the Vermont nutrition and fitness policy guidelines or other relevant science-based resources; and

  (7) address socioeconomic or other barriers that stand in the way of fit and healthy lifestyles in their communities.

  (b) The Commissioner, through the 12 district health offices, shall assist communities by:

  (1) providing technical assistance to support communities in following a consistent and coordinated approach to planning and implementation, including practices such as needs assessment, defined priorities, action plans, and evaluation;

  (2) providing access to best and promising practices and approved public policies;

  (3) providing assistance to help communities develop public awareness materials and communication tools with well-researched and well-coordinated messaging;

  (4) helping communities obtain and maximize funding from all applicable sources; and

  (5) providing other assistance as appropriate.

  (c)-(e) [Repealed.]

  (f) The Commissioner may adopt rules pursuant to 3 V.S.A. chapter 25, the Administrative Procedure Act, necessary for the implementation of this program.

  (g) The Commissioner is authorized to accept donations or contributions from private sources for community wellness grants. (Added 2005, No. 215 (Adj. Sess.), § 322; amended 2007, No. 203 (Adj. Sess.), § 14, eff. June 10, 2008; 2009, No. 135 (Adj. Sess.), § 26, eff. May 29, 2010; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 11, § 16; 2023, No. 6, § 91, eff. July 1, 2023.)

• § 105. Repealed. 1977, No. 147 (Adj. Sess.).

• § 106. Repealed. 2023, No. 53, § 25, eff. June 8, 2023.

  (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2017, No. 113 (Adj. Sess.), § 51; repealed by 2023, No. 53, § 25, eff. June 8, 2023.)

• § 107. Life and health of inhabitants; inspections; investigations

  (a) The Commissioner shall take cognizance of the interest of the life and health of the inhabitants of the State, shall make or cause to be made inspections, investigations, and inquiries respecting causes of disease and the means of preventing the same and the effect of all circumstances relating to or affecting the public health. With the approval of the Governor, the Commissioner may apply for and accept research grants for such funded research projects as have as their objective the advancement of knowledge in the health sciences, provided that the Commissioner may staff and equip such projects only from such research grants.

  (b) A health officer may conduct inspections, review records, and take samples, photographs, and other evidence to detect violations of any State or local health statute, rule, ordinance, or permit, or any public health hazard or public health risk. Inspections shall be conducted at a reasonable time and in a reasonable manner. The health officer may, upon presentation of credentials, seek permission to inspect any premises not open to the public. If permission is refused, the health officer may, pursuant to section 121 of this title, seek a search warrant authorizing the inspection of such premises.

  (c) This section shall not limit or conflict with the duties or powers of a health officer to inspect public water sources, public water systems, or public water source protection areas and food or lodging establishments under chapters 24 and 85 of this title. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1963, No. 102, § 5, eff. May 22, 1963; 1985, No. 267 (Adj. Sess.), § 4; 1989, No. 105, § 4; 2021, No. 15, § 6.)

• § 108. Water supply; sanitation

  When requested, or when, in the Commissioner’s opinion, it is necessary, the Commissioner shall advise with municipal officers in regard to drainage, water supply, and sewerage of towns and villages and in regard to the erection, construction, heating, ventilation, and sanitary arrangements of public buildings. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 26, eff. June 8, 2023.)

• § 109. The Commissioner exercising powers of local board of health or health officer

  The Commissioner, in the Commissioner’s discretion, may exercise all the powers and authority, in each town and village, that is given to a local health officer or board of health. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 27, eff. June 8, 2023.)

• § 110. Repealed. 2023, No. 53, § 28, eff. June 8, 2023.

  (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; repealed by 2023, No. 53, § 28, eff. June 8, 2023.)

• § 111. Forms for reports of infectious and contagious diseases

  The Commissioner shall devise and furnish health officers suitable forms upon which to make reports of infectious and contagious diseases. The Commissioner shall also devise and furnish forms for physicians to report to health officers. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 29, eff. June 8, 2023.)

• § 112. Circulars of information

  The Department shall prepare and distribute to local boards of health, physicians, and other persons such printed circulars as it deems necessary and such rules as the Department may adopt and the Commissioner thereof shall give information relative to the cause and prevention of disease and directions as to modes of management, quarantine, and means of prevention of contagious and infectious diseases. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2015, No. 23, § 105; 2023, No. 53, § 30, eff. June 8, 2023.)

• § 113. Services and expenditures; cooperation with other agencies; attendance upon meetings

  The Commissioner may perform such services and incur such expenditures as the Commissioner deems necessary for the protection of the public health and may cooperate with health agencies of other states and countries. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 31, eff. June 8, 2023.)

• § 114. Repealed. 1985, No. 267 (Adj. Sess.), § 28.

• § 115. Public health surveillance assessment and planning

  (a) The Department of Health may, in the discretion of the Commissioner, accept for treatment children who have chronic diseases or developmental disabilities.

  (b) The Commissioner of Health is authorized to:

  (1) study the prevalence of chronic disease;

  (2) make such morbidity studies as may be necessary to evaluate the overall problem of chronic disease and developmental disabilities;

  (3) develop an early case-finding program, in cooperation with the medical profession;

  (4) develop and carry on an educational program as to the causes, prevention, and alleviation of chronic disease and developmental disabilities; and

  (5) adopt rules for the purpose of screening chronic diseases and developmental disabilities in newborns.

  (c) The Department of Health is directed to consult and cooperate with the medical profession and interested official and voluntary agencies and societies in the development of this program.

  (d) The Department is authorized to accept contributions or gifts that are given to the State for any of the purposes as stated in this section, and the Department is authorized to charge and retain monies to offset the cost of providing newborn screening program services. (Amended 1959 (Adj. Sess.), § 27, eff. March 1, 1961; 1973, No. 77, § 60, eff. April 14, 1973; 1997, No. 59, § 84, eff. June 30, 1997; 2013, No. 96 (Adj. Sess.), § 86; 2015, No. 152 (Adj. Sess.), § 11.)

• § 115a. Repealed. 2015, No. 152 (Adj. Sess.), § 12.

• § 116. Mother and child health service; training of nurses and workers

  (a) The Commissioner shall continue the existing health service for mothers and children established in a manner harmonious with Parts One and Two of Title V of the Act of Congress approved August 14, 1935 and entitled Social Security Act and shall continue its existing health service for children with physical disabilities.

  (b) The Commissioner may pay for the graduate training of public health nurses and other professional health department workers whom the Department employs. (Amended 1959, No. 75, eff. April 1, 1959; 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2013, No. 96 (Adj. Sess.), § 88; 2023, No. 53, § 32, eff. June 8, 2023.)

• § 117. Chronic fatigue syndrome

  (a) The Commissioner of Health shall establish a statewide network of resources to provide education through the distribution of information regarding persons with chronic fatigue syndrome, also known as chronic fatigue immune dysfunction syndrome (CFIDS), to persons with chronic fatigue syndrome, health care providers, and the public.

  (b) The Department shall work in collaboration with the Vermont CFIDS Association, Inc. and health care providers with expertise in chronic fatigue syndrome to prepare an informational packet about the clinical significance, diagnosis, and treatment of chronic fatigue syndrome. The informational packet shall be based upon the publication “A Consensus Manual for the Primary Care and Management of Chronic Fatigue Syndrome” published by the Academy of Medicine of New Jersey and the New Jersey Department of Health and Senior Services, to the extent allowable under federal copyright protections. The Department shall distribute the informational packet to all primary care physicians in the State, and it shall be available on the Department of Health’s website. The informational packet may contain any other information that the Commissioner of Health deems necessary and shall be revised by the Department when new information about chronic fatigue syndrome becomes available. The Department shall publicize the informational packet and make it widely available to the public. (Added 2005, No. 215 (Adj. Sess.), § 116.)

• §§ 118, 119. Repealed. 1985, No. 267 (Adj. Sess.), § 28.

• § 120. Contract for payment of certain health benefits

  The Commissioner may contract with a private organization to process the payment of in-patient hospital care, and physician, radiological, and other medical costs related thereto under the maternal, child health, and children with physical disabilities’ plans of the Department of Health. Such a contract shall provide for cancellation upon reasonable notification by the Commissioner. In furtherance of the purposes of the contract, the Commissioner may requisition funds, with the approval of the Governor, and the Commissioner of Finance and Management shall issue a warrant in favor of the contracting party to permit the contracting party to make payments to vendors under the contract. The Commissioner shall quarterly, and at such other times as the Commissioner of Finance and Management requires, render an account in such form as the Commissioner of Finance and Management prescribes of the expenditures of monies so advanced. (Added 1967, No. 267 (Adj. Sess.), § 1, eff. July 1, 1968; amended 2013, No. 96 (Adj. Sess.), § 89; 2023, No. 53, § 33, eff. June 8, 2023.)

• § 121. Issuance of search warrants

  (a) Upon application by a health officer or a law enforcement officer, a District or Superior Court judge shall, upon a finding of probable cause, issue a warrant to search a premises for violation of any State or local health statute, rule, ordinance, or permit, or for any public health hazard or public health risk.

  (b) Probable cause for a search warrant under this section exists when:

  (1) a health officer or law enforcement officer has reason to believe that a State or local health statute, rule, ordinance, or permit has been violated;

  (2) a health officer or law enforcement officer has reason to believe that a public health hazard or public health risk may exist on the premises to be searched; or

  (3) permission to inspect has been refused and the premises to be searched are subject to routine inspections in connection with a regulatory program conducted pursuant to this title.

  (c) The provisions of the Vermont Rules of Criminal Procedure 41(c) shall apply to warrants issued under this section. (Added 1985, No. 267 (Adj. Sess.), § 5; amended 2023, No. 85 (Adj. Sess.), § 39, eff. July 1, 2024.)

• § 122. Private right of action

  (a) Any person injured or damaged by a violation of this title, of a rule adopted pursuant to this title, or of a permit or order issued thereunder, or by a public health hazard may bring an action for equitable relief or damages arising from such violation or public health hazard.

  (b) A judicial determination of a violation of this title, of a rule adopted pursuant to this title, or of a permit or order issued thereunder, or of a public health hazard shall be prima facie evidence of the existence of the violation or the hazard, which evidence may be rebutted by the defendant.

  (c) The remedies provided by this section are in addition to any common law or statutory remedies otherwise available and do not amend or conflict with the provisions of 24 V.S.A. chapter 129, the powers and authority of the Agency of Agriculture, Food and Markets, the Department of Labor, the Agency of Natural Resources, or the Public Utility Commission, or the power of the Commissioner to issue a health or emergency health order.

  (d) The limitations and defenses of 12 V.S.A. chapter 189 and the provisions of 29 V.S.A. chapter 55 shall apply to actions against the State or any of its political subdivisions under this section.

  (e) Notwithstanding any provision of this section or the existence of any other remedy existing at law or in equity, no cause of action or grounds for enforcement shall lie against any municipal corporation as defined in 24 V.S.A. § 3301 or any company as defined in 30 V.S.A. § 201(a) for any defect, liability, condition, violation, or hazard that exists on the date such municipal corporation or company acquires by purchase, donation, or condemnation any public water source or public water system as defined in 10 V.S.A. § 1671(4) and (5), unless such acquiring municipal corporation or company expressly assumes the same. The provisions of this subsection shall not be construed to relieve such municipal corporation or company from any obligation or responsibility to correct or abate any violation of this title or of 10 V.S.A. chapter 56 on and after the date of such acquisition. This subsection shall be liberally construed to immunize municipal corporations and companies from liability for preexisting conditions in public water sources and systems subsequently acquired by such entities. This section shall not be read to immunize municipalities from suits or claims in existence on the date a municipality acquires any public water source or system arising from the taking of water or land. (Added 1985, No. 267 (Adj. Sess.), § 6; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1993, No. 164 (Adj. Sess.), § 10; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2013, No. 34, § 11; 2023, No. 6, § 92, eff. July 1, 2023.)

• § 123. Revocation of permits

  (a) The Commissioner may, after notice and opportunity for hearing, revoke, modify, or suspend any permit issued pursuant to the Commissioner’s authority under this title if the Commissioner finds that:

  (1) the permit holder submitted materially false or inaccurate information;

  (2) the permit holder has violated any material requirement, restriction, or condition of any permit, rule, statute, or order; or

  (3) there is a change in any condition that requires either a temporary or permanent restriction, limitation, or elimination of the permitted use.

  (b) Revocation shall be effective upon actual notice thereof to the permit holder or permit holder’s designated agent. (Added 1985, No. 267 (Adj. Sess.), § 7; amended 2023, No. 85 (Adj. Sess.), § 40, eff. July 1, 2024.)

• § 124. Voluntary compliance

  (a) When appropriate, the health officer shall make all practicable efforts to secure voluntary compliance. This requirement shall not restrict the health officer’s authority to use any enforcement powers authorized by this title or the common law.

  (b) Means of securing voluntary compliance may include the following:

  (1) encouraging voluntary cooperation by persons and affected groups to achieve the purposes of this title;

  (2) encouraging local units of government to handle violation problems within their respective jurisdiction by compact on a cooperative basis and providing technical and consultative assistance for violation problems;

  (3) advising, consulting, contacting, and cooperating with other agencies of the State, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups; and

  (4) encouraging voluntary compliance through warning, conference, or any other similar means. (Added 1985, No. 267 (Adj. Sess.), § 8; amended 2023, No. 6, § 93, eff. July 1, 2023.)

• § 125. Assurance of discontinuance

  (a) In any case where the Commissioner has authority to institute an action or proceeding against a person under this title, the Commissioner may, in lieu thereof, accept from such person an assurance that the violation, or the action or inaction contributing to a public health hazard or a significant public health risk, will be discontinued. An assurance of discontinuance may include:

  (1) specific action to be taken;

  (2) abatement or mitigation schedules;

  (3) payment of a civil penalty and the costs of investigation;

  (4) payment of an amount to be held in escrow pending the outcome of an action, or as restitution to aggrieved persons.

  (b) An assurance of discontinuance shall be in writing, shall be filed with the Superior Court having jurisdiction over the subject matter, and shall become an order of the court. Evidence of a violation of an assurance of discontinuance shall be prima facie proof of the violation cited in the assurance. (Added 1985, No. 267 (Adj. Sess.), § 9.)

• § 126. Health orders

  (a) The Commissioner or the selectboard may issue a health order to:

  (1) prevent, remove, or destroy any public health hazard;

  (2) mitigate a significant public health risk;

  (3) correct any violation of this title or any rules adopted pursuant to this title; or

  (4) correct any violation of a permit restriction or requirement.

  (b) The issuing authority for a State health order shall be the Commissioner. The issuing authority for a local health order shall be the selectboard.

  (c) Prior to issuance of a health order under this section, the issuing authority shall provide notice as provided in this subsection.

  (1) The health officer shall prepare a notice of intent to seek a health order, setting forth the health officer’s reasons to believe a health order should be issued.

  (2) The notice of intent, together with the supporting evidence, and a statement of procedural rights available under this section, shall be served in person by a health officer on the person against whom the health order is sought or in accordance with the procedures set forth in Vermont Rules of Civil Procedure. If the person resides out of state, the notice of intent shall be served on the person against whom the health order is sought through certified mail.

  (3) Upon request of the person against whom the health order is sought, a hearing shall be held before the issuing authority. At such hearing, the person against whom the order is sought shall be given an opportunity to rebut the allegations and demonstrate that no health order should issue.

  (d) A health order shall be effective upon issuance and may require any person responsible for contributing to the public health hazard or significant public health risk to take actions to protect the public health. Such actions may include the following:

  (1) the prohibition of transportation, sale, distribution, or supplying of water, food, or any other materials or services;

  (2) the repair, installation, construction, operation, or implementation of purification equipment or methods;

  (3) testing, sampling, monitoring, surveying, or other analytical operations required to determine the nature, extent, duration, or severity of the public health hazard or public health risk;

  (4) the impounding, destruction, or removal of any public health hazard;

  (5) the quarantine or isolation of any area, persons, animals, or materials;

  (6) the closing of and the prohibition of assemblage in any food or lodging establishment, church, school, or any other place of assemblage;

  (7) the cessation of any acts, discharges, or processes contributing to a public health hazard or public health risk;

  (8) the medical or veterinary treatment of any agent that is contributing to a public health hazard or a public health risk;

  (9) the giving of notice to potential users, including travelers, of the goods or services, of the nature, extent, and possible health effects of the public health hazard or public health risk, and precautions to be taken by such users; or

  (10) any other affirmative acts or prohibitions necessary to mitigate a significant public health risk. (Added 1985, No. 267 (Adj. Sess.), § 10; amended 2021, No. 15, § 7; 2023, No. 6, § 94, eff. July 1, 2023.)

• § 127. Emergency health orders

  (a) A health officer may, without a prior hearing, issue an emergency health order when necessary to prevent, remove, or destroy an imminent and substantial public health hazard or to mitigate an imminent and substantial significant public health risk. Such order may include any actions available under section 126 of this title. An emergency health order shall be effective upon actual notice to the person against whom the order is directed.

  (b) The health officer may issue an emergency health order only after preparation of a written statement of reasons stating the need for an emergency health order together with the supporting evidence and a statement of procedural rights available under this section. The order, together with the statement and the evidence, shall be made available as soon as possible to the person to whom the order is directed. An emergency order shall be served in person by a health officer or in accordance with the procedures set forth in Rule 4 of the Vermont Rules of Civil Procedure. If the person resides out of state, the emergency health order shall be served on the person against whom the order is sought through certified mail.

  (c) A person to whom an emergency health order is directed shall be given the opportunity for a hearing within five business days after the issuance of such order. A person who is in full compliance with an emergency health order may request, and shall be granted, an extension of the hearing date. If the emergency order was issued by the Commissioner, such hearing shall be in front of the Commissioner. If the emergency order was issued by a local health officer, such hearing shall be in front of the selectboard. At the hearing, the person to whom the order is directed shall be given the opportunity to rebut allegations upon which the emergency health order is based. After the hearing, the Commissioner or selectboard shall issue a health order pursuant to section 126 of this title affirming, modifying, or terminating the emergency health order. (Added 1985, No. 267 (Adj. Sess.), § 11; amended 2021, No. 15, § 8; 2023, No. 6, § 95, eff. July 1, 2023.)

• § 128. Appeal

  (a) Any person aggrieved by an act, decision, or order of the Commissioner, local board of health, or selectboard pursuant to this title may appeal within 30 days to the Superior Court of the county in which such person resides or maintains a place of business. The court shall consider the matter de novo, and all persons and parties in interest, as determined by court rule, may appear and be heard.

  (b) An appeal from the decision of the Superior Court shall be to the Vermont Supreme Court. (Added 1985, No. 267 (Adj. Sess.), § 12; amended 2023, No. 53, § 34, eff. June 8, 2023.)

• § 129. Stay

  An appeal filed pursuant to section 128 of this title shall not stay the effectiveness of the order appealed from unless the Court otherwise orders. (Added 1985, No. 267 (Adj. Sess.), § 13; amended 2023, No. 53, § 35, eff. June 8, 2023.)

• § 130. Civil enforcement

  (a) The Commissioner, or a local board of health, may bring an action in the Superior Court of the county in which a violation or a public health hazard or public health risk has occurred or is occurring, to enforce the provisions of this title, or the rules, permits, or orders issued pursuant to this title, including the terms of an assurance of discontinuance entered into under section 125 of this title.

  (b) The court may grant temporary and permanent injunctive relief and may exercise all the powers available to it, including:

  (1) Enjoining future activities that may contribute to a public health hazard or a public health risk.

  (2) Ordering remedial actions to be taken to mitigate a public health risk or to remove or destroy a public health hazard.

  (3) Ordering the design, construction, installation, and operation of facilities designed to mitigate a public health risk or to ensure compliance with any permit issued under this chapter.

  (4) Fixing and ordering compensation for any public or private property destroyed or damaged.

  (5) Ordering reimbursement from any person who caused governmental expenditures for the investigation and mitigation of the public health risk or the investigation, abatement, or removal of public health hazards.

  (6) Levying civil penalties not to exceed $10,000.00 for each violation. In the case of a continuing violation, each day’s continuance may be deemed a separate violation. (Added 1985, No. 267 (Adj. Sess.), § 14; amended 2017, No. 74, § 25; 2023, No. 6, § 96, eff. July 1, 2023.)

• § 131. Criminal penalty

  (a) Any person who violates a provision of this title or who fails or neglects to obey or comply with an order or the terms of a permit issued under this title shall be fined not more than $5,000.00. Each violation shall be a separate offense and, in the case of a continuing violation, each day’s continuance shall be deemed a separate violation.

  (b) Any person who refuses to obey or comply with an order or the terms of a permit issued under this title or who knowingly creates a public health hazard or knowingly contributes to a significant public health risk shall be fined not more than $25,000.00 or be imprisoned not more than six months, or both. Each violation shall be a separate offense and, in the case of a continuing violation, each day’s continuance shall be deemed a separate violation.

  (c) Any person who knowingly makes a false statement, representation, or certification as to any material fact in any application, record, report, plan, testing result, or other document filed or required to be maintained under this title, or who falsifies, tampers with, or knowingly renders inaccurate a testing device or method required to be maintained under this title or required by a permit, rule, regulation, or order issued under this title shall be fined not more than $10,000.00 or be imprisoned for not more than six months, or both.

  (d) Any person who hinders or attempts to hinder any actions taken pursuant to this chapter shall be fined not more than $1,000.00. (Added 1985, No. 267 (Adj. Sess.), § 15.)