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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
- 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.
- 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.
- 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.
- 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:
- the knowing or reckless transport, treatment, storage or
disposal of any hazardous waste;
- 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;
- 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
- 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.
- In determining the amount of the penalty, the secretary shall
consider the following:
- the degree of actual or potential impact on public health,
safety, welfare and the environment resulting from the violation;
- the presence of mitigating circumstances, including unreasonable
delay by the secretary in seeking enforcement;
- whether the respondent knew or had reason to know the violation
existed;
- the respondent's record of compliance;
- the economic benefit gained from the violation;
- the deterrent effect of the penalty;
- the state's actual costs of enforcement; and
- the length of time the violation has existed.
- 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.
- 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.
- Penalties assessed under this section shall be deposited in
the general fund, except for those penalties which are assessed
as a result of a municipalitys 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.)
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