Sec., ANR v. No. Am. Finance & Investment Co., STIPULATED EMERGENCY ORDER, (E94-025) STATE OF VERMONT JUDICIARY DEPARTMENT ENVIRONMENTAL LAW DIVISION SECRETARY, VERMONT AGENCY } OF NATURAL RESOURCES, } Plaintiff/Applicant, } } v. } Docket No. E94-025 } NORTH AMERICAN } FINANCE AND } INVESTMENT CO., LTD., } and ANTHONY DORIA, } Respondents. } STIPULATED EMERGENCY ORDER On August 18, 1994, the Court issued a modified emergency order, based on the evidence and argument presented at the August 17, 1994 hearing. That order required Respondents to immediately cease all storage and disposal of waste at their Route 14 property (the site) in the Town of Sharon, Vermont; on or before August 30, 1994, to remove all waste from the site; and to dispose of all waste removed from the site either by sale, reuse or other recycling if appropriate, by burning untreated wood under a burn permit from the Town, or by disposal at a certified disposal facility. Respondents were required, on or before September 14, 1994, to cause a copy of all disposal or sales receipts and any burn permit for such waste to be provided to the Enforcement Division of the Agency of Natural Resources. On December 8, 1994, based on the Secretary's application, the Court issued an order to show cause why Respondents should not be held in contempt of court for failing to comply with the August 18, 1994 order. At the hearing on January 17, 1995, the parties agreed to the terms of a modified emergency order to be entered by the court today. In a civil contempt proceeding, a court may impose either a compensatory or a purgeable coercive fine. State v. Pownal Tanning Co., 142 Vt. 601, 603-04 (1983). However, on an original emergency order or a motion to modify an emergency order, this court may impose a penalty under 10 V.S.A.  8010(a). In the present case, the parties have stipulated to a purgeable penalty schedule, which the court imposes under both the contempt power and under 10 V.S.A.  8010(a). Based on the stipulation of the parties placed orally on the record of this court, the Court hereby modifies the Order section of the Emergency Order imposed by the Court on August 18, 1994 as follows. As MODIFIED, it is again AFFIRMED. 10 V.S.A. 8009 and V.R.C.P. 76(c)(3). (A) Respondents state they have ceased, and Respondents shall continue to cease all storage and disposal of waste at their Route 14 property (the site) in the Town of Sharon, Vermont. (B) On or before January 31, 1995, at 5:00 p.m., Respondents shall remove all waste from the site, including but not limited to refuse, building demolition material, tires, paint cans, all metals including so-called "white goods" (appliances such as stoves and refrigerators), and household waste wherever located on the property. Respondents believe they will have the work completed before January 23, 1995, and have requested an inspection on that date. (C) In order to assist Respondents in determining whether they have complied with Paragraph B of this Order, Environmental Enforcement Officer Tim Blake shall inspect the site on January 23, 1995. The parties may mutually agree to reschedule this inspection on any date prior to January 31, 1995, without obtaining leave of the Court. Based on that inspection, the Secretary promptly shall advise Respondents of the Secretary's position on whether Respondents have complied with Paragraph B of this Order. (D) The Court hereby imposes a compensatory penalty on Respondents in the amount of $500, in recognition that the Secretary has incurred enforcement expenses of Attorney Spinosa's and Environmental Enforcement Officer Blake's time. That penalty is due and payable to the Secretary on February 1, 1995, unless compliance has been achieved pursuant to Paragraph B of this Order. If compliance is achieved, the Secretary shall so notify the Court in writing as soon as possible and not later than February 1, 1995, upon which Paragraph D of the Order will become vacated and dissolved. (E) The Court will impose a purgeable coercive penalty of $500 on February 1, 1995, and $100 per day for each day of violation thereafter until Respondents comply with this Order, unless Respondents have complied with Paragraph B of this Order. If compliance is achieved, the Secretary shall so notify the Court in writing, as soon as possible and not later than February 1, 1995. (F) Respondents shall dispose of all waste removed from the site either by sale, reuse or other recycling if appropriate, by burning untreated wood under a burn permit from the Town, or by disposal at a certified disposal facility. On or before February 15, 1995, Respondents shall assure that a copy of all disposal or sales receipts and any burn permit for such waste has been provided to Attorney Spinosa at the Agency of Natural Resources, Enforcement Division, 1 South, 103 South Main Street, Waterbury, Vermont 05671-0401. (G) The Secretary may cause a copy of this Order to be filed in the land records of the Town of Sharon, Vermont, to the extent permitted by law, and may serve this Order on Respondents and on the Office of Attorney General. Respondents, through Mr. Doria, have agreed to accept service of this order by mail. V.R.C.P. 76(d)(2). This Emergency Order is effective immediately, as Respondents received actual notice of it in open court on the record this morning, 10 V.S.A. 8009(c), and shall remain in effect until further order of the Court. V.R.C.P. 76(c)(iii). Respondents have the right to appeal to the Supreme Court from the issuance of this modified Emergency Order, 10 V.S.A. 8013(c), but the filing of a notice of appeal by Respondents does not stay the provisions of an Emergency Order. 10 V.S.A. 8009(f). Done at Montpelier, Vermont, this 17th day of January, 1995. ____________________________________ Merideth Wright Environmental Judge ENDORSEMENT: Issued at 1:00 o'clock p.m., this 17th day of January, 1995, at Montpelier, Vermont.