State of Vermont
Agency of Natural Resources
Department of Environmental Conservation
Compliance & Enforcement Division
Press Release

September 30, 2003
Town of Rutland

WATERBURY- Agency of Natural Resources Secretary Elizabeth McLain today announced that the Enforcement Division has formally settled an environmental violation involving the Town of Rutland. The settlement includes a $5,500 supplemental environmental project.

Through the Agency's investigation, it was discovered that a discharge to state waters occurred when the Town of Rutland failed to install erosion control measures during the construction of recreation fields. Erosion control measures were subsequently put into place.

During the spring and summer of 2001, the Town of Rutland damaged and removed the previously installed erosion control measures and did not install new ones. During February of 2002 the site again had a significant discharge that occurred after the removal of the erosion controls.

The matter came to light as a result of a citizen complaint that was investigated by Environmental Enforcement Officer Don Gallus. After the investigation was completed, the Town of Rutland was notified of the violations and agreed to settle the matter.

The settlement was reduced to an assurance of discontinuance and was so ordered by the Environmental Court on September 19, 2003. In it, the Town of Rutland agreed to regularly monitor and maintain all erosion controls at the site in order to prevent future discharges. It was also agreed that a $5,500 supplemental environmental project will be funded.

Involved Program: Water Quality Division of the Department of Environmental Conservation

Environmental Enforcement Officer: Don Gallus

For Further Information please contact:
Attorney Gary Kessler at 802-241-3820