§ 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.)