The Vermont Agency of Natural Resources is pursuing a civil enforcement action against Vermont Gas Systems after the company鈥檚 contractors killed dozens of protected sunflowers in July. The agency is also asking Vermont鈥檚 utility regulator to investigate the company for potential violations of its "certificate of public good," which sets out conditions for the pipeline鈥檚 construction.
If the board opts to investigate the incident, Vermont Gas could face fines from both environmental regulators at the Agency of Natural Resources (ANR) and from the Public Service Board.
Vermont Gas spokeswoman Beth Parent says the company plans to cooperate fully with regulators.
In with the Public Service Board, the Agency of Natural Resources said that about 77 harsh sunflowers were 鈥渃ut or severely trampled鈥� by a Vermont Gas contractor on July 19. Harsh sunflowers are considered a 鈥渢hreatened鈥� species in Vermont and it鈥檚 illegal to kill or dig up the plants without a permit.
The company initially applied for such a permit earlier in the summer, but opted to use an underground drill in the area and withdrew its request to transplant some of the sunflowers. Soon after, the company alerted regulators to the fact that its contractors killed a number of the plants in the process of setting up the drilling operation.
Louis Porter, the commissioner of the Department of Fish and Wildlife -- which is within the Agency of Natural Resources -- said the agency鈥檚 enforcement action is separate from any investigation or disciplinary measures the Public Service Board might take.
鈥淭his is a threatened plant under Vermont law, a plant that we are responsible for protecting and ensuring is not eliminated in the state, and we take very seriously the protection of these species that are listed under the state law as threatened or endangered,鈥� he said.
Porter said Vermont Gas has been cooperative since the incident. Vermont Gas spokeswoman Beth Parent said the Public Service Board can expect cooperation with any investigation there.
鈥淲e also developed a comprehensive harsh sunflower mitigation plan that details additional trainings for contractors, daily oversight and reporting, compliance monitors,鈥� she said. 鈥淪o ANR signed off on that plan and they authorized us to continue construction, and we plan on fully cooperating with both ANR and our regulators.鈥�
Parent said there are no more harsh sunflowers along the remaining sections of pipeline the company plans to build.
