May 2, 2025
(press release)
–
AUGUSTA, Maine
,
May 2
-- The Maine House Democrats issued the following news release:
* * *
Doudera introduces bill to deter improper pesticide use
AUGUSTA
- Rep.
Vicki Doudera
, D-
Camden
, introduced legislation before the
Agriculture, Conservation and Forestry Committee
on Tuesday that would increase penalties for use violations of herbicides and pesticides.
Doudera was compelled to pursue the legislation after learning of the poisoning of a
Camden
resident's trees by a neighbor in 2022. The incident made national news and revealed weaknesses in the way the state assesses penalties for those who knowingly abuse pesticides.
"I first waded into the world of pesticides in my second term, when I sponsored successful legislation to ban chlorpyrifos in 2021, and learned that the penalties for misuse are minor -- especially for someone who can afford to own harbor view property in
Camden
," said Doudera. "When this poisoning happened in 2022, I resolved to help improve our state's response to intentional abusers of these chemicals and my determination was strengthened when we discovered that the herbicide in question, tebuthiuron, had leached into the harbor and
Laite Beach
."
Doudera consulted with the
Maine
Board of Pesticides Control
to draft LD 1697, which would increase the penalties for the improper and off-label use of pesticides. The bill also directs the Board, which is under the
Department of Agriculture, Conservation and Forestry
, to restrict pesticides with the active ingredient tebuthiuron and clarify the monetary penalties for pesticide use violations -- establishing restoration of property and vegetation as an aspect of those penalties. Additionally, the measure would enable civil claims to be brought forward when contaminants migrate beyond where they were originally applied to separately owned property.
Penalty increases would include a change from
$1,500
for a civil violation to maximum fines of
$25,000
for the first offense and
$50,000
for those who have been shown to have benefited from the use violation. They also include a jump from
$4,000
to a
$75,000
maximum penalty for repeat offenders within a four-year period and
$150,000
for those who have been shown to be both repeat offenders within a four-year period and to have benefited substantially.
Tebuthiuron is a broad-spectrum herbicide used in airports, highways, and midwestern pastures to kill woody plants and oaks. The
U.S. Environmental Protection Agency
considers tebuthiuron to have a great potential for groundwater contamination, due to its high water solubility, low adsorption to soil particles and high persistence in soil.
Camden
town officials, the
Maine
Board of Pesticides Control
, and the
Maine Organic Farmers and Gardeners Association
all testified in support of the legislation.
"Due to the malintent and egregious nature and use of the herbicide, the Townspeople of
Camden
and its elected officials were shocked and appalled at the small fine that was assessed by the
State Board of Pesticides Control
," testified
Camden's
Planning and Development Director,
Jeremy Martin
. "The Town understood that the
Board of Pesticide Control's
fines were based on the penalties provided for in State statute, but we also understand that it is high time that the State revisit these penalties and make them appropriate based on the egregious, inappropriate, off-label use of these toxic substances."
Rockport
has recently uncovered a tree poisoning case that is eerily similar.
"I wish that what happened in
Camden
was an isolated incident, but this kind of behavior has happened -- and will continue to happen -- in other parts of
Maine
as well. Clearly we need to strengthen our penalties to protect our environment and private property," Doudera testified. "My hope is that this bill will deter greedy actors for whom our current fines are just a slap on the wrist, and empower
Maine's
Bureau of Pesticides Control
to have more control and discretion to act."
A work session on the bill will be scheduled in the coming days.
Doudera is serving her fourth term in the
Maine House
and represents the communities of
Camden
and
Rockport
. She is House chair of the Legislature's
Environment and Natural Resources Committee
and serves on the
Maine Climate Council's
Natural and Working Lands Subcommittee.
* * *
Original text here: https://www.maine.gov/housedems/news/doudera-introduces-bill-deter-improper-pesticide-use
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