Enforcement Authority

The Agency generally seeks voluntary compliance with Vermont laws and rules. If enforcement is necessary, the Agency can proceed under Chapter 159 or Chapter 201 of Title 10 (see Vermont Statutes On-Line). The upper limits of penalties range from $10,000 to $25,000 per violation in these chapters.

TITLE 10: CONSERVATION AND DEVELOPMENT
Chapter 159: Waste Management
10 V.S.A. § 6612. Penalties

1. Any person who violates any provision of this chapter, the rules promulgated herein or the terms or conditions of any order of certification granted by the secretary, shall be subject to a criminal penalty not to exceed $25,000.00 or imprisonment for not more than six months, or both.
2. Any person who violates any provision of this chapter relating to solid or hazardous waste management, the regulations promulgated thereunder, or the terms or conditions of any order relating to solid or hazardous waste management or terms and conditions of any solid or hazardous waste facility certification, shall be subject to a civil penalty not to exceed $10,000.00.
3. Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof may be deemed a separate and distinct offense.
4. Any person who commits any of the following in violation of any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order or certification under this title shall be subject to a criminal penalty not to exceed $250,000.00, or imprisonment for not more than five years, or both:
   1. the knowing or reckless transport, treatment, storage or disposal of any hazardous waste;
   2. the knowing or reckless transport, treatment, storage or disposal of more than one cubic yard of solid waste or more than 275 pounds of solid waste;
   3. the knowing or reckless release of any hazardous material.

TITLE 10: CONSERVATION AND DEVELOPMENT
Chapter 201: Administrative Environmental Law Enforcement
10 V.S.A. § 8010. Administrative penalties

1. An administrative penalty may be included in an administrative order issued under section 8008 of this title or in an emergency administrative order issued under subdivision 8009(a)(1) or (3) of this title. An order assessing administrative penalties shall be accompanied by an affidavit setting forth the facts establishing the date of violation.
2. In determining the amount of the penalty, the secretary shall consider the following:
   1. the degree of actual or potential impact on public health, safety, welfare and the environment resulting from the violation;
   2. the presence of mitigating circumstances, including unreasonable delay by the secretary in seeking enforcement;
   3. whether the respondent knew or had reason to know the violation existed;
   4. the respondent's record of compliance;
   5. the economic benefit gained from the violation;
   6. the deterrent effect of the penalty;
   7. the state's actual costs of enforcement; and
   8. the length of time the violation has existed.
3. A penalty of not more than $25,000.00 may be assessed for each determination of violation. In addition, if the secretary determines that a violation is continuing the secretary may assess a penalty of not more than $10,000.00 for each day the violation continues. The maximum amount of penalty assessed under this subsection shall not exceed $100,000.00.
4. Notwithstanding the provisions of subsection 8003(b) of this title, imposition of an administrative penalty under this section precludes imposition of any other administrative or civil penalty under any other provisions of law for the same violation.
5. Penalties assessed under this section shall be deposited in the general fund, except for those penalties which are assessed as a result of a municipality’s enforcement action under chapter 64 of this title, in which case the municipality involved shall receive the penalty monies.

(Added 1989, No. 98, § 1; 2001, No. 133 (Adj. Sess.) § 8, eff. June 13, 2002.)