The Agency sought to resolve the violations prior to trial, when that effort failed an Administrative Order was filed and the O'Briens requested a hearing. A three-day trial ensued and as a result of the evidence presented at that trial the Environmental Court found that the O'Briens committed the violations alleged by the Secretary and ordered them to pay a penalty of $80,000. Prior to trial and pursuant to an Emergency Order obtained by the Secretary, the Court found that the O'Briens spent over $72,000 in an effort to stabilize the site and prevent further discharges. Despite the Court's findings that the O'Briens committed the violations, the Court did not approve the Secretary's proposed restoration plan for the peatland. The Secretary is preparing a revised plan that addresses the Court's concerns. The Secretary plans to issue the revised restoration plan in time for the restoration work to be completed during the next construction season.

       "Wetlands and discharge violations such as these cannot be tolerated because they degrade Vermont's environment," ANR Secretary McLain commented. "The magnitude of this penalty reflects the importance of protecting Vermont's wetlands and waters."
For Further Information please contact:
Attorney Gary Kessler at 802-241-3820