Pursuant to
38 M.R.S.
§341-D(6)(G), the Board
will consider for approval all administrative consent agreements negotiated by
the Commissioner. If the Board finds acceptable the terms, conditions, and any
stipulated corrective actions to resolve violations of the laws and rules
administered by the Department and any environmental impacts resulting from the
violations, the Board will approve the agreement. A vote of the Board to
decline approval of an administrative consent agreement has the effect of
requesting the Commissioner to conduct further negotiation or take other
action. The development of administrative consent agreements, including notice
and public participation requirements, is governed by
38 M.R.S.
§§
347-A and
349.
A.
Procedure. Following notice
in accordance with the Freedom of Access Act,
1 M.R.S.
§406, of the Board's scheduling for
consideration an administrative consent agreement for approval, the procedure
for considering administrative consent agreement at a meeting of the Board is
as follows.
(1) Department staff makes a
presentation discussing the violations, any restoration or mitigation efforts
completed or sought, and any monetary penalty agreed to and corrective actions
ordered by the proposed administrative consent agreement.
(2) The violator may address the
Board.
(3) When, in the Chair's
judgment, comments from members of the public are likely to assist the Board in
understanding the facts surrounding the administrative consent agreement, the
Chair may allow members of the public to address the Board.
(4) The Board, the Board Executive Analyst,
and counsel to the Board may ask questions of any person addressing the Board
during the meeting.
B.
Decision. The Board will deliberate and vote to either approve the
administrative consent agreement as presented or reject the administrative
consent agreement for the reason(s) identified by Board members during
deliberation. An evenly divided vote of the Board has the effect of rejecting
the administrative consent agreement unless a majority of Board members
subsequently vote at that meeting to approve the administrative consent
agreement or table the matter until another meeting.
