§ 125 - Assurance of discontinuance - Vermont Statutes

§ 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, but need not be limited to:

(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.)