Camden lawmaker proposes increase in state fines for improper pesticide use
The proposal from Rep. Vicki Doudera, a Democrat, comes in response to a 2022 case in Camden in which Amelia and Arthur Bond were cited for improperly using the herbicide Tebuthiuron, despite it being labeled "not for residential use," and for violating town ordinances by clearing too much vegetation and topping trees too close to the shoreline.
The Bonds paid over $1.7 million in penalties, which included a $1.5 million settlement paid to the neighbor, Lisa Gorman, the widow of former L.L.Bean chairman Leon Gorman; around $210,000 for violating the town's zoning ordinance and to cover the cost of soil testing in a nearby park; and $4,500 in fines to the state.
"As soon as this happened, I had two thoughts," Doudera said during a legislative hearing Tuesday. "First, that the perpetrators would pay state fines that would be minuscule, not only in comparison to the damage done, but also to the monetary value of their now-expanded harbor view. Second, that I would be putting in legislation to increase the fines."
Doudera's bill, LD 1697, would raise civil fines for pesticide violations from a maximum of $1,500 per violation to a maximum of $25,000. In cases where the violator is found to have "benefitted substantially," such as by increased property values, from the violation, the maximum penalty would increase from $4,000 to $50,000.
Subsequent violations within the same four-year time period would be subject to maximum fines of $75,000 and $150,000, respectively.
The bill would also direct the Department of Agriculture, Conservation and Forestry to adopt rules allowing civil lawsuits to be brought against violators if pesticide application affects more than one property, providing for the restoration of property and vegetation in addition to the monetary penalties, and specifically designating pesticides with the active ingredient Tebuthiuron as state restricted use pesticides.
Alex Peacock, director of the Bureau of Pesticides Control in the department, testified in support of the bill, saying the current penalties have been unchanged for over 20 years and have "lost their potency as deterrents."
"Indeed, some applicators have come to view the current penalty structure as the cost of doing business," Peacock said.
Some of the rulemaking proposals of the bill are redundant or unnecessary, Peacock said, noting for example that the bureau is already working on classifying Tebuthiuron as a restricted use pesticide, meaning that its use would be limited to certified applicators only. "But we strongly agree that ... the updates to existing penalties are needed," he said.
In addition to the case in Camden, there have also been other instances of pesticide violations around the state, Doudera said. "I wish this was an isolated case, but it's not," she said.
A list of violations on the Bureau of Pesticides Control website includes eight cases from 2024 and 11 from 2023, including the Bonds case.
Heather Spalding, deputy director of the Maine Organic Farmers and Gardeners Association, said the association has been advocating for years for stronger regulations of pesticides sales and use.
"We really are grateful for Rep. Doudera for her leadership in bringing forward this important legislation and we also want to thank the Board of Pesticides Control for their encouragement to get this much-needed increase in fines," Spalding said.
No one testified against the bill Tuesday, though the executive director of the Wild Blueberry Commission of Maine testified neither for nor against and said changes should be approached with caution. Eric Venturini said the increased penalties could be devastating for farmers.
"Maybe there's a place to increase penalties, but not quite to the level that has been proposed," he said.
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