State Codes and Statutes
Statutes > Vermont > Title-18 > Chapter-3 > 122
§ 122. Private right of action
(a) Any person injured or damaged by a violation of this title, of a rule adopted pursuant thereto, or of a permit or order issued thereunder, or by a public health hazard may bring an action for equitable relief or damages arising from such violation or public health hazard.
(b) A judicial determination of a violation of this title, of a rule adopted pursuant thereto, or of a permit or order issued thereunder, or of a public health hazard shall be prima facie evidence of the existence of the violation or the hazard, which evidence may be rebutted by the defendant.
(c) The remedies provided by this section are in addition to any common law or statutory remedies otherwise available and do not amend or conflict with the provisions of 24 V.S.A. chapter 129, the powers and authority of the agency of agriculture, food and markets, the department of labor, the agency of natural resources, the water resources board, or public service board, or the power of the commissioner to issue a health or emergency health order.
(d) The limitations and defenses of chapter 189 of Title 12 and the provisions of chapter 55 of Title 29 shall apply to actions against the state or any of its political subdivisions under this section.
(e) Notwithstanding any provision of this section or the existence of any other remedy existing at law or in equity, no cause of action or grounds for enforcement shall lie against any municipal corporation as defined in section 3301 of Title 24 or any company as defined in subsection 201(a) of Title 30 for any defect, liability, condition, violation or hazard which exists on the date such municipal corporation or company acquires by purchase, donation or condemnation any public water source or public water system as defined in subdivisions 1671(4) and (5) of Title 10, unless such acquiring municipal corporation or company expressly assumes the same. The provisions of this subsection shall not be construed to relieve such municipal corporation or company from any obligation or responsibility to correct or abate any violation of this title or of chapter 56 of Title 10 on and after the date of such acquisition. This subsection shall be liberally construed to immunize municipal corporations and companies from liability for preexisting conditions in public water sources and systems subsequently acquired by such entities. This section shall not be read to immunize municipalities from suits or claims in existence on the date a municipality acquires any public water source or system arising from the taking of water or land. (Added 1985, No. 267 (Adj. Sess.), § 6; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1993, No. 164 (Adj. Sess.), § 10; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
