§ 1934 - Enforcement - Vermont Statutes

§ 1934. Enforcement

(a) Notwithstanding any other provisions or procedure set forth in this chapter, if the secretary finds that a person is in violation of this chapter or has failed to comply with any provisions of any order, standard, rule or permit issued in accordance with this chapter, he or she may bring suit in the superior court in any county where the noncompliance has occurred to enjoin the act and to obtain compliance. The suit shall be brought by the attorney general or the appropriate state's attorney in the name of the state for injunctive relief or for the imposition of penalties and fines as provided in section 1935 of this title. The court may issue a temporary injunction or order in such proceedings and may exercise all plenary powers available to it in addition to the power to:

(1) enjoin further releases;

(2) order design, construction, installation, or operation of alternate facilities;

(3) order the removal of facilities, contaminated soils and the restoration of the environment;

(4) fix and order compensation for any public or private property destroyed, damaged or injured;

(5) assess and award punitive damages;

(6) order reimbursement to any agency of federal, state or local government from any person whose acts caused governmental expenditures under section 1283 of this title, or under subdivisions 1941(b)(3) or (b)(7) of this title and in accordance with the provisions of subsection 1941(f) of this title.

(b) In addition to the remedies described in subsection (a) of this section, if the secretary finds that a person has installed, removed, repaired, or tested an underground storage tank in violation of this chapter or the rules adopted under this chapter, the person who installed, removed, repaired, or tested the tank may be subject to penalties and required to take all actions necessary to correct the violation in accordance with the provisions of chapters 201 and 211 of this title. (Added 1985, No. 66, § 1; amended 1989, No. 110, § 6, eff. June 20, 1989; 1997, No. 12, § 1.)