CAMDEN and ROCKPORT — Through its own lab analysis, the Maine Bureau of Pesticide Control confirmed that the herbicide found on Lisa Gorman’s Camden harbor front property, in vegetation and soil, is what had been reported by the Town of Camden:  Tebuthiuron 80 WWG, which has a trade name of Allagare.

While Camden issued a violation notice to Gorman’s neighbors, Amelia and Arthur Bond, for alleged responsibility for the chemical application, the State of Maine, through the Bureau of Pesticide Control, is “compiling violations and preparing an enforcement action, which is still ongoing,” said Jim Britt, Director of Communications at the Maine Department of Agriculture, Conservation and Forestry, on Dec. 29.

As of Jan. 10, that document was still being finalized, and the Town of Camden was hoping to review it.

“We hope to have a resolution soon,” Britt said, at the end of December.

Meanwhile, the state is also investigating another alleged case of tree poisoning, this time in Rockport on Mechanic Street, on property that abuts Rockport Harbor. The  Maine Forest Service is investigating the Rockport incident, said Britt.

“So, with an active investigation, I cannot provide any related details,” he said.

Camden’s Select Board discussed its town-issued violation notice Dec. 13, at a regularly scheduled meeting. Board members talked about the process of communication with the Bonds and their attorneys, and the crafting of a consent agreement.

A consent agreement provides a legal mechanism for violations to be resolved in a negotiated settlement without the need for going to court.

By mid-December, Camden had heard from attorneys for the Bonds, and held initial meetings with them.

“It is our hope that we would work with the Bonds to reach resolution without going down a legal path,” said Camden’s Planning and Development Director/Code Enforcement Officer Jeremy Martin. “I do expect them to work with us to bring resolution and it is my hope that we will do this through a consent agreement.”

Whether any herbicide left the Gorman property and made its way to Laite Beach and Camden Harbor was going to be determined through follow-up conversations with the Bureau of Pesticides Control toxicologist, said Martin. If there is additional testing on the part of the town, “we will do that,” he said.

As of Jan. 10, Martin said: “We are still waiting for something from the state’s toxicologist about the extent of herbicide in the soil and the levels of toxicity and transport in the soils. I was hoping to get something last week, but have not received it yet. The Bonds’ attorneys have had consultants on the property to assess the issue and the Bonds are working cooperatively with the Gorman’s attorney and consultants to prepare a restoration plan for the site.   I am not certain yet on what they are proposing and whether or not all of the soil will be removed from the site and new soil brought in.”

Local landscape designer Asa Peats is assisting with a restoration plan, said Martin.

Citizens have thanked the town for taking the steps it has and for being proactive, Martin reported to the Select Board, Dec. 13.

At that meeting he added: “This is a land use violation and there is a due process that everyone has. We have to go through that process. That is nothing new to me. Dealing with an herbicide application, that is new for me. We deal with issues all the time with notice of violations, but we are getting to that point where we can resolve this.”

Municipal Attorney Bill Kelly, also at the meeting, directed Camden Select Board members not have a substantive discussion about the issue, nor express personal feelings. 

“Keep in mind it is an administrative process,” he said. “It’s not yet in your laps for any purpose. The political side of government is specifically kept away from this stage.”

Camden had issued a violation notice November 29, alleging that the Bonds, who live at 1 Metcalf Road, were responsible for herbicide application to vegetation and trees at 3 Metcalf Road, which resulted in damage to trees in the shoreland zone, and thus violated two regulations of town ordinances: Cutting too close to the shoreline and clearing too much vegetation from the property.

Camden does not have regulatory oversight of pesticide/herbicide applications on private property, but its land use ordinance regulates tree cutting in the shoreland zone, as does the Maine Department of Environmental Protection. The Maine DEP has not responded to inquiries concerning whether it is conducting its own investigation.

Camden said the caretakers of 3 Metcalf Road had noticed earlier in the fall that tree foliage on Gorman’s land was dying. They subsequently identified an herbicide in the leaves and soil, the town said in the violation notice, and determined the chemical makeup to Tebuthiuron 80 WWG.

At the Dec. 13 meeting, board member Tom Hedstrom asked Martin, “Can you just give us what you’re expecting next.”

Martin responded: “In a perfect world, if it plays out like I’m hoping, and I think the Gormans are hoping, as well, is that the trees that have been alleged to have an herbicide application defoliate them, and kill them — and some are dying and some are already dead — that they are removed.

“It’s a challenging site. There’s a lot of ledge there and some slopes... that  that the soil is removed, as well, and that they replant the site and that they get back the volume of trees that were removed and that the cleared canopy that was created is restored. It is our expectation that that would happen in the spring.”

Board Chair Bob Falciani warned the board not to, “get into the weeds” about the issue when the conversation turned to penalty fines.

The discussion was about the process, he said, adding that he recognized the public was concerned.

“It’s not how we live around here,” said Hedstrom.

“It is a ways before we have the discussion that each one of us wants to have,” said Falciani.

In Rockport

The alleged 2021 Rockport tree poisoning is in the hands of the Bureau of Pesticide Control, said Rockport Director of Planning and Economic Development Orion Thomas.

Trees on Mechanic Street property were tampered with in a particular way that suggested poisoning, he said.

“You could see the holes in the trees,” he said.

The property owner is distraught about it and has been encouraged to replant with fast-growing trees, said Thomas.

Reach Editorial Director Lynda Clancy at lyndaclacny@penbaypilot.com; 207-706-6657