10 V.S.A. Section 8019 authorizes the Secretary to issue a Civil Complaint when it is determined that a violation exists. Once a Civil Complaint is filed with the Environmental Court and mailed to the respondent they must deliver a plea to the Court (admitted, no contest, or denied) within 15 days of the issuance of the Complaint, otherwise a default judgment will be entered against the respondent.
If a respondent requests a hearing on the Civil Complaint, the Environmental Court will schedule the matter for trial.
By issuing a Civil Complaint, the Secretary cannot seek an additional penalty for the violation specified in the complaint if the waiver penalty is paid, judgment is entered after trial or appeal, or a default judgment is entered. However, the Secretary may issue additional civil complaints or take other enforcement action authorized by law, including a monetary penalty when a violation is continuing or is repeated. It may also bring an enforcement action to obtain injunctive relief or remediation, and may recover the costs of bringing that action and any economic benefit the respondent obtained as a result of the underlying violation as authorized by law.
Links to Final CCs since 2012 can be found below.
Final AOs issued by the Vermont Natural Resources Board can be found here.
Environmental Citations Table - Adopted Rule effective 11/20/2011