Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 030 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter 002 - CHAPTER 20 - ENVIRONMENTAL ADMINISTRATIVE PENALTY RULES › Section 12 030 002 - CHAPTER 20 - ENVIRONMENTAL ADMINISTRATIVE PENALTY RULES

Current through June,
				2024
SUBCHAPTER 1
				Authority
101 Authority
These rules are promulgated by the Secretary of the Agency of
				  Natural Resources pursuant to the authority granted by
				  10 V.S.A. Section
				  8016.
102 Purpose
It is the purpose of these rules to standardize the
				  administrative penalties assessed by the Secretary through the establishment of
				  penalty classes and ranges to assist in carrying out the goals established by
				  the Legislature in Act 98 (1989 Session), as amended by Act 191 (2008 Session),
				  10 V.S.A. Chapter 201.
103
				Applicability
These rules apply to administrative penalties assessed
				  pursuant to
				  10 V.S.A. Section
				  8010 for violations, as defined by
				  10 V.S.A. Section
				  8002(9), of the statutes
				  listed in
				  10 V.S.A. Section
				  8003(a).
Where the Secretary is delegated a federal environmental
				  program, these rules will apply to administrative penalty assessment under the
				  delegated program.
104
				Definitions
As used in these rules:
1. "Compliance" means compliance with the
				statutes specified in Section
				8003 of
				Title 10, and with any related rules, permits, assurances, or orders.
2. "Day" means calendar day - the 24 hour day
				as denoted on the calendar.
3.
				"Economic benefit" means a reasonable approximation of any gain, advantage,
				profit, or delayed/avoided cost, financial or otherwise, which accrues as a
				result of a violation. Economic benefit shall not be limited to only
				competitive advantage obtained. Economic benefit may include the estimated net
				income or net gain realized by a respondent through the use of facilities
				before all required environmental permits are obtained. In determining economic
				benefit, the cost of returning to compliance and/or remediation shall be
				considered. Economic benefit may not be less than zero.
4. "Minor Violation" means a violation which
				causes some, but less than moderate, actual or potential harm to the public
				health, safety or welfare or to the environment and which constitutes more than
				a small deviation from the requirements of a statute, rule, permit, assurance
				of discontinuance or order.
5. "De
				minimis Violation" means a violation that causes little to no actual or
				potential harm to the public health, safety or welfare or to the environment
				and which constitutes a small deviation from the requirements of a statute,
				rule, permit, assurance of discontinuance, or order.
6. "Permit" means any permit, license,
				certification or transitional operational authority issued under any of the
				statutes specified in Section
				8003 of
				Title 10, including air pollution orders issued under chapter 23 of Title
				10.
7. "Respondent" means a person
				who has committed or is alleged to have committed a violation.
8. "Secretary" means, the Secretary of the
				Agency of Natural Resources, or the Secretary's duly authorized
				representative.
9. "State's Cost of
				Enforcement" means actual costs incurred and may include sampling and analysis,
				evaluation of the respondent's property or facility, preparation of enforcement
				documents and actions, investigation and attorney costs, and other costs as
				determined by the Secretary.
10.
				"Violation" means non-compliance with one or more of the statutes specified in
				Section
				8003 of
				Title 10, or any related rules, permits, assurances, or orders.
105 Continuing Violation
The Secretary may consider any violation of a statute listed
				  in
				  10 V.S.A. Section
				  8003(a) or a rule
				  promulgated under such statute or a condition of a related permit, order, or
				  assurance of discontinuance, or the lack of a necessary permit that continues
				  longer than one day as a continuing violation subject to additional penalties
				  for each day the violation continues.