4 - Special Boards and Commissions

Introduction

This section highlights three entities: the Board of Environmental Protection, Board of Pesticides Control, and Land Use Regulation Commission. While there are many boards, commissions and councils across state government that deal with aspects of natural resource policy and regulation, these three boards stand out for several reasons. They have broad and significant regulatory authority, and provide citizens with an appeal process of government action. Their decisions often have far-reaching and long-lasting impact on environmental public policy decisions and implementation. The members of these boards participate fully in the public comment process required by the Maine Administrative Procedures Act (MAPA). Members of these boards and commissions are appointed by the Governor, reviewed by the appropriate legislative committee, and confirmed by the state Senate.

The three entities in this chapter are administratively housed within and staffed by various state agencies: Board of Environmental Protection in the Department of Environmental Protection, Board of Pesticides Control in the Department of Agriculture, Land Use Regulation Commission in the Department of Conservation. Members of these boards are citizen volunteers. They receive a per diem reimbursement for each meeting or hearing attended, and reimbursement for travel expenses incurred while attending any meetings.

The descriptions of these boards and commissions include abbreviated versions of information available on the web or from the entity itself. Readers preparing for advocacy before any of them should check with the websites and board staff to ensure the most updated and complete information.

Lists of board or commission members are in the Appendix and for each member, give name, town of residence, brief background (where possible), and date of term expiration.

There are two other entities within state government which have regulatory authority and which are also appointed by the Governor and confirmed by the Legislature: the Inland Fish and Wildlife Advisory Council and the Marine Resources Advisory Council. These are listed adjacent to their respective agencies in Chapter 3 because their areas of jurisdiction are more narrowly focused on specific resources. These councils serve more as advisors to the commissioners of their respective departments, and less as independent appeals boards. Agency staff members carry out the rulemaking and public participation processes; council members receive summaries of proposals and comments before voting.

Board of Environmental Protection

• Central Office: East Side Campus, Ray Building, Augusta
• Mail Address: 17 State House Station, Augusta 04333
• Telephone: 207-287-2811
• Fax: 207-287-2814
• Website: www.state.me.us/dep/bep/index.htm
• Statutory Citation: 38 MRSA, Sec.341 et seq.
• Executive Analyst: Cynthia S. Bertocci
• (Members listed in Appendix.)
  

Purpose

As stated in statute, the Board of Environmental Protection is "to provide informed, independent and timely decisions on the interpretation, administration and enforcement of the laws relating to environmental protection and to provide for credible, fair and responsible public participation in department decisions." The Board accomplishes its statutory charge through rulemaking, licensing decisions on selected permit applications, reviewing appeals of licensing decisions made by the Commissioner of the Department of Environmental Protection, ratifying enforcement actions, and recommending changes in the law to the Legislature. The Board has been in existence in one form or another since the 1940's. The scope of the Board's mandate has expanded, as have Maine's environmental laws from wastewater issues to all aspects of environmental regulation.

Organization

While the Board is defined in statute as being part of the Department of Environmental Protection, the Board has decision-making authority independent of the Commissioner. The Board is composed of ten volunteer citizen members who are appointed by the Governor, reviewed by the Legislature's Natural Resources Committee, and confirmed by the state Senate for staggered four-year terms. The Governor appoints one member to serve as Chair. Members are chosen to represent the broadest possible interests and experience. Each member brings experiences and perspectives to the Board's consideration of proposed projects and draft rules that may differ from those of other Board members or agency staff. At least four members must be residents of the First Congressional District and four members must be residents of the Second Congressional District.

An Executive Analyst and an Administrative Assistant give the Board its logistical and procedural support. The Board uses the resources of the entire staff of the Department of Environmental Protection for professional technical support.

The Board holds regular meetings on the first and third Thursdays of each month, usually in Augusta. Six members of the Board constitute a quorum for the purposes of conducting any meeting or rulemaking hearing and three members are a quorum for an adjudicatory hearing. Board members receive material on all pending matters in advance of the regular meetings and are mailed copies of all transcripts of testimony at public hearings, if requested. These meetings are open to the public. Other meeting times and places are determined by the Board. In addition, the Board holds public hearings on proposed rules and individual applications of significant public interest. At its regular meetings, the Board accepts additional public comment on a rule proposed for adoption. Such public comment is accepted only if it is directly related to comments received during the formal rulemaking comment period or is in response to proposed changes. Comments must be presented orally unless permission to do otherwise is given by the Chairman. Written comments are always accepted even if an oral presentation has been given.

The Board's website contains detailed information about the Board including its history, statutory responsibilities, guidance documents, meeting agendas and minutes, and biographies of current Board membership.

Program

The Board is charged with rulemaking, hearing or reviewing appeals of the Commissioner's decisions on permit and license applications, approving enforcement actions, and reporting to the Legislature.

• Rulemaking: The Commissioner has statutory authority to submit new or amended rules to the Board for adoption. The Commissioner generally initiates rulemaking in response to new statutory mandates or perceived deficiencies in existing rules. The Board has the authority to adopt rules for the Department of Environmental Protection as stated in statute: "Subject to the Maine Administrative Procedure Act, the board shall adopt, amend or repeal reasonable rules and emergency rules necessary for the interpretation, implementation and enforcement of any provision of law that the department is charged with administering. The board shall also adopt, amend and repeal rules as necessary for the conduct of its business."

• Appeals: Final license decisions of the Commissioner may be reviewed by or appealed to the Board. The Board can review, hold a hearing at its discretion on, and affirm, amend or reverse any of the following:

• Permit and License Application: While nearly all license decisions are made by the Commissioner, the Board decides applications for permits and licenses that in its judgement involve one or more of the following criteria:

• Enforcement: The Board advises the Commissioner on enforcement priorities and activities, the adequacy of penalties and enforcement activities, approval of administrative consent agreements; and appeals of emergency orders. The Board reviews and ratifies all administrative consent agreements and enforcement orders.

• Reports to Legislature: The Board reports to the Legislature's Natural Resources Committee in January of the first regular legislative session on the effectiveness of the state's environmental laws including any recommendations for amending those laws or the laws governing the Board. These reports summarize the matters which have come before the Board since the prior report and present issues for consideration by the Legislature including future changes to law.

Board of Pesticides Control

• Central Office: East Side Campus, Deering Building, Room 33, Augusta
• Mail Address: 28 State House Station, Augusta, ME 04333-0028
• Telehone: 207-287-2731
• Fax: 207-287-7548
• Websites: http://www.thinkfirstspraylast.org/www.maine.gov/agriculture/pesticides
• Email: pesticides@maine.gov
• Statutory Citation: 7 MRSA 601 et.seq., 22 MRSA 1471
• Acting Director: Henry Jennings
• (Members listed in Appendix.)
  

Purpose

The Board of Pesticides Control was established to protect public health and safety, and the public interest in the soils, water, forests, wildlife, agricultural and other resources of the State by assuring safe scientific and proper use of chemical pesticides. The primary responsibilities of the Board include the following:

Organization

The Board is comprised of seven members each appointed by the Governor and reviewed and confirmed by the Legislature for four-year terms. Qualifications for board members are prescribed in statute: three members must be knowledgeable about pesticide use in agriculture, forestry and commercial application; one member must have a medical background; a fifth must be an agronomist or entomologist at the University of Maine. The remaining two are public members who must have demonstrated interest in environmental protection and represent different geographic areas of the state. There is no statutory limit on number of terms a member may serve. The Board annually elects a chairperson from its membership and employs personnel as necessary.

The Board and its staff are administratively housed in the Department of Agriculture's Office of Agricultural, Natural, and Rural Resources. Current staff includes a Director, Chief of Compliance, Certification and Licensing Specialist, Toxicologist, Pesticides Registrar, Public Information Officer, Water Quality Specialist, and one full-time and four seasonal Pesticide Inspectors. The Board's Director supervises all professional staff of the Board and reports to the Director of the Office of Agriculture, Natural and Rural Resources. (See Chapter 4 for a description of this office.)

Program

The Board operates four major programs: product registration, certification and licensing, monitoring and enforcement, and public education. Through the product registration process, the Board maintains a label and "material safety data sheet" for each pesticide product. Health and environmental study data is reviewed on an "as needed" basis. The Board licenses private applicators for a three-year period, commercial applicators and spray contracting firms for a two-year period, and pesticide dealers on an annual basis.

The Board monitors the sale and application of pesticides and investigates complaints of misuse. This includes inspection of personal protection and application equipment, storage and mixing areas, actual applications and records. Violations of the Board's statutes and regulations are subject to enforcement action, which can include suspension or revocation of license and imposition of fines. The Board is required to educate all pesticide users on methods to minimize reliance on pesticides. It also works on several special projects designed to protect the public health and the environment: worker protection, endangered species protection, ground and surface water monitoring, and obsolete pesticide collections. The Board disseminates information through a quarterly newsletter, press releases, brochures, trade show appearances, and speaking engagements to school and civic groups.

• Obsolete Pesticides Collection: Caches of obsolete pesticides such as DDT, 2,4,5-T or compounds of arsenic, mercury or lead found in old barns or sheds pose risks to people, wildlife or the environment and they require special care in their proper disposal. The Board and Department of Environmental Protection agencies collect for free obsolete pesticides brought to a specified sites around Maine. The materials then go to U.S.EPA licensed disposal facilities out of state. For more information, call the Board or see the website.

• Pesticides Notification Registry: Persons on the registry can expect to be notified of pending non-agricultural pesticide applications occurring within 250 feet of the registered property. The registry affects only non-agricultural outdoor pesticide applications, and there is a $20 annual fee for this service.

• Informal Notification Option: Abutters to spray sites are entitled to be notified about outdoor pesticide applications within 500 feet of their home. Homeowners must first ask their neighbor to notify them. That request may be made in any fashion as long as the applicator is given the person's name, address, phone number and his or her interest in being notified.

Licenses and Permits

Sample Publications

A full list of publications is available at: www.maine.gov/agriculture/pesticides/librarybpc_pubs.htm.

Maine Land Use Regulation Comission

• Central Office: 18 Elkins Lane, Harlow Building, Augusta
• Mail Address: 22 State House Station, Augusta 04333-0022
• Telephone: 207-287-2631 / TTY: 888-557-6690
• Fax: 207-287-7439
• Website: www.maine.state.gov/doc/lurc (bad link)
• Statutory Citation: 12 MRSA, Sec.683
• Director: Catherine M. Carroll
• Commission Chair: Ernest Bart Harvey, III
• (Members listed in Appendix.)
  

Purpose

The Maine Land Use Regulation Commission (LURC) was established in 1971 to serve as the planning and zoning board for certain areas of the State: a) unorganized areas which have no form of local government; b) plantations which have limited local government but have chosen not to administer local land use controls; and, c) some towns which choose not to administer such controls at the local level despite having the option to do so. The Commission is responsible for planning, zoning and subdivision control to ensure that development is well-planned and appropriately located, and to ensure that the natural resources of the jurisdiction are protected.

The Commission's jurisdiction includes 10.4 million acres which, in turn, include 410 unorganized townships, 32 plantations, and 7 organized towns. Most of the area is within Aroostook, Penobscot, Somerset, Piscataquis, Washington, Hancock, Franklin, and Oxford Counties, with single plantations or townships located in Lincoln, Knox, Sagadahoc and Kennebec Counties. The Commission's jurisdiction also includes 308 coastal islands.

Organization

The Commission is governed by a seven-member independent decision-making body. Its members are appointed by the Governor subject to review by the Legislature's Agriculture, Conservation and Forestry Committee and approval by the state Senate. Two of the seven members must be residents of the Commission's jurisdiction. Commissioners serve four-year staggered terms. The Commission has a staff including an Executive Director. The Commission holds regular monthly meetings at locations in or near its jurisdiction. The Commission also holds public hearings and information meetings as needed to make decisions on permit applications, enforcement actions, zoning boundaries and land use standards. Meeting agendas and minutes are available online at: www.maine.gov/doc/lurc/calendar.shtml.

Program

The Commission's responsibilities include such priorities as the following:

The Commission has adopted a comprehensive regional zoning plan for the Rangeley area, and made numerous changes to its land use districts and standards. The Commission's webpage includes information such as meeting schedules and information, notices of public hearings and rulemaking hearings, updated zoning maps, material related to current proposals such as lake concept plans, changes to Commission standards and the like.

Licenses

Sample Publications

LURC also provides links to zoning maps, rules and regulations, resource protection plans, and various guidance documents (www.maine.gov/doc/lurc/reference.shtml).