Vermont Statutes Title 10 Sec. 1934
Terms Used In Vermont Statutes Title 10 Sec. 1934
- Agency: means the Agency of Natural Resources. See
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means any individual, partnership, company, corporation, association, unincorporated association, joint venture, trust, municipality, the State of Vermont, or any agency, department, or subdivision of the State, federal agency, or any other legal or commercial entity. See
- Secretary: means the Secretary of Natural Resources or the Secretary's duly authorized representative. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Underground storage tank: means any one or combination of tanks, including underground pipes connected to it or them, that is or has been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to it or them, is 10 percent or more beneath the surface of the ground. See
§ 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 subdivision 1941(b)(3) or (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.)