Administrative Consent Agreement Sample Contracts

ADMINISTRATIVE CONSENT AGREEMENT
Administrative Consent Agreement • October 5th, 2024

This Administrative Consent Agreement (“Agreement”) is entered into by and among the Town of Freeport, a municipal corporation organized and existing under the laws of the State of Maine with an address of 30 Main Street, Freeport, Maine 04032 (the “Town”), Cleveland P. Kapala, Trustee of the Cleveland Kapala Revocable Trust of 1992, u/t/a dated March 2, 1992 (the “Kapala Trust”) and Lucia P. Kittredge, Trustee of the Lucia Kittredge Revocable Trust of 1992, u/t/a dated March 2, 1992 (the “Kittredge Trust”), (the Kapala Trust and the Kittredge Trust hereinafter collectively referred as the “Landowner”, and the Landowner and the Town hereinafter collectively referred as the “Parties”).

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CONSENT AGREEMENT
Administrative Consent Agreement • March 16th, 2023
Proposed Administrative Consent Agreement Background Summary
Administrative Consent Agreement • November 27th, 2023

On October 29 & November 5, of 2020 a licensed applicator for TruGreen Lawncare experienced exposure to Talstar P Insecticide, EPA Reg. No. 279-3206, when the powered backpack being used for the application had a leak and the applicator’s clothing became saturated with the pesticide and contacted their skin. The applicator was not instructed to properly wash themselves or their clothing and was encouraged to continue working.

Proposed Administrative Consent Agreement Background Summary
Administrative Consent Agreement • May 27th, 2020

A registry member on Maine’s 2018 Pesticide Notification Registry lives within 250 feet of the Turf Doctor customer. The Turf Doctor did not provide the registry member the required notification prior to making the pesticide application.

Contract
Administrative Consent Agreement • April 30th, 2020

JANET T. MILLS GOVERNOR MEMORANDUM GERALD D. REID COMMISSIONER TO: FROM: Mark Draper, Board Chair of the Board of Environmental Protection, Kate Tierney, Assistant Attorney GeneralScott Belair, Bureau of Land Resources, Northern Maine Regional Office SUBJECT: DATE: Administrative Consent Agreement, Town of St. Agatha (Town) May 14, 2020

Background Summary
Administrative Consent Agreement • February 10th, 2022
Proposed Administrative Consent Agreement Background Summary
Administrative Consent Agreement • May 4th, 2012

Background Narrative: Prospect Hill Golf Course is a public golf course. Because the golf course is open to the public, pesticide applications at the course must be made by a licensed commercial applicator. In addition, each commercial pesticide application company, including golf courses that make their own pesticide applications, must employ at least one Master Applicator. The facility’s golf course superintendent and master pesticide applicator terminated himself in August of 2009. All commercial licenses are affiliated with a company and terminate when the employee leaves the employment of the company. Another employee at the course tested and passed his Master Applicator exam in October 2009, but never licensed as a Master Applicator until October 14, 2011. Prospect Hill Golf Course made unlicensed commercial pesticide applications from August 2009 to October 14, 2011. The unlicensed applicator could not provide the pesticide application records for the ongoing commercial pesticid

ADMINISTRATIVE CONSENT AGREEMENT TO FINAL ORDER
Administrative Consent Agreement • August 9th, 2011 • Raymond James Financial Inc • Security brokers, dealers & flotation companies

On the basis of the Findings of Fact, Conclusions of Law, and Respondents’ consent to the entry of this Order and a Final Order approving same, without admitting or denying the facts or conclusions herein,

S TA TE O F M A IN E
Administrative Consent Agreement • November 3rd, 2021

License required. No person may directly or indirectly discharge or cause to be discharged any pollutant without first obtaining a license therefor from the department.

CITY OF ELLSWORTH, MAINE ADMINISTRATIVE CONSENT AGREEMENT
Administrative Consent Agreement • March 18th, 2024

This ADMINISTRATIVE CONSENT AGREEMENT (the “Agreement”), is made and entered into this day of , 202 , by and the City of Ellsworth, a municipal corporation located at One City Hall Plaza, Ellsworth, Hancock County, Maine (the “City”) and Maine Organics, LLC, Maine limited liability corporation with a place of business located at 15 Industrial Road, Ellsworth, Hancock County, Maine (“Maine Organics”).

MEMORANDUM
Administrative Consent Agreement • April 17th, 2020

************************************************************************************************************* Statute and Rule Reference: 38 M.R.S. § 414(5) makes it unlawful to violate the terms or conditions of a license once issued by the Department of Environmental Protection and 40 C.F.R. Part 136 establish the Environmental Protection Agency guidelines for testing procedures under the Clean Water Act.

Town of Kennebunk, Maine
Administrative Consent Agreement • February 9th, 2023

Staff has been working with the legal counsel for the owner of property at 421 Alfred Road (Map 23 Lot 20) to resolve certain violations of the Town Zoning Ordinance. Staff has met with the property owner, discussed the violations and worked with the Town’s legal counsel.

Background Summary
Administrative Consent Agreement • January 7th, 2020
Proposed Administrative Consent Agreement Background Summary
Administrative Consent Agreement • April 7th, 2015

Summary of Allegation(s): A Board inspector did a routine restricted use pesticide dealer inspection at Northeast Agricultural Sales in Detroit on April 27, 2012. As part of that inspection, the inspector asked for and received random, representative copies of Northeast Agricultural Sales sales transactions records for some 2010 restricted use pesticide sales. A review of those records revealed that Dan Brown purchased a 2 ½ gallon container of Gramoxone Inteon Herbicide on April 13, 2010. Gramoxone Inteon Herbicide is a restricted use pesticide that requires a pesticide applicator license to purchase. Brown was not licensed at the time of this purchase

S TA TE O F M A IN E
Administrative Consent Agreement • February 12th, 2024

AUGUSTA17 STATE HOUSE STATIONAUGUSTA, MAINE 04333-0017 BANGOR106 HOGAN ROAD, SUITE 6BANGOR, MAINE 04401 PORTLAND312 CANCO ROADPORTLAND, MAINE 04103 PRESQUE ISLE1235 CENTRAL DRIVE, SKYWAY PARKPRESQUE ISLE, MAINE 04769 (207) 287-7688 FAX: (207) 287-7826website: www.maine.gov/dep (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX: (207) 822-6303 (207) 764-0477 FAX: (207) 760-3143

Contract
Administrative Consent Agreement • October 14th, 2021
RE: Sprague Operating Resources LLC Administrative Consent Agreement
Administrative Consent Agreement • October 20th, 2021

Conservation Law Foundation (“CLF”) appreciates the opportunity to submit comments on the proposed Administrative Consent Agreement entered between Sprague Operating Resources LCC (“Sprague”), the Department of Environmental Protection (“Department”), and the Office of the Attorney General (“OAG”). As currently drafted, the Administrative Consent Agreement does not reflect a full and fair settlement of this matter. Therefore, CLF urges the Department to revise it to better reflect the nature of the material spilled and the environmental harm created by the spill. Revisions are also needed to prevent subsequent spills.

Contract
Administrative Consent Agreement • March 31st, 2016

that Broadwing met the criteria set out in the Audit Policy for a 100% waiver of the gravity component of the penalty. As a result, EPA waived the gravity based penalty ($137,500) and proposed a settlement penalty amount of eight thousand, one hundred and eight ($8,108). This is the amount of the economic benefit gained by Broadwing, attributable to their delayed compliance with the SPCC regulations. Broadwing Communications Services Inc. has agreed to pay this amount in civil penalties. EPA and Broadwing negotiated and signed an administrative consent agreement, following the Consolidated Rules of Procedure, 40 CFR section 22.13, on January 30, 2001 (In Re: Broadwing Communications Services Inc., Docket No. MM–HQ– 2001–0015). This consent agreement is subject to public notice and comment under CWA section 311(b)(6), 33 U.S.C. section 1321(b)(6).

STATE OF MAINE
Administrative Consent Agreement • October 17th, 2014

This Agreement, by and between Province Lake Golf Club (hereinafter called the "Company") and the State of Maine Board of Pesticides Control (hereinafter called the "Board"), is entered into pursuant to 22 M.R.S.A. §1471-M (2)(D) and in accordance with the Enforcement Protocol amended by the Board on June 3, 1998.

Peter Joseph, Town Manager Town of Freeport Freeport, Maine 04032 pjoseph@freeportmaine.com Re: Administrative Consent Agreement Addressing Notice of Violation
Administrative Consent Agreement • March 17th, 2023

As we discussed during our telephone call on March 14, 2023, on behalf of our firm’s clients, Amanda Berry and Benjamin Willauer, we request that the Freeport Town Council (“Council”) consider an Administrative Consent Agreement to address certain violations in the above- referenced Notice of Violation (“NOV”), which was issued May 17, 2022, with respect to property located at 90 Birch Point Road (the “Property”).

INTRODUCTION
Administrative Consent Agreement • August 12th, 2021
Contract
Administrative Consent Agreement • May 31st, 2022
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Contract
Administrative Consent Agreement • July 7th, 2021
Background Summary
Administrative Consent Agreement • September 28th, 2021
Proposed Administrative Consent Agreement Background Summary
Administrative Consent Agreement • December 30th, 2014

Summary of Allegation(s): A Board inspector did a routine restricted use pesticide dealer inspection at Northeast Agricultural Sales in Detroit on April 27, 2012. As part of that inspection, the inspector asked for and received random, representative copies of Northeast Agricultural Sales sales transactions records for some 2010 restricted use pesticide sales. A review of those records revealed that Dan Davis purchased a 2 ½ gallon container of Charger Max ATZ Herbicide on June 10, 2010. Charger Max ATZ Herbicide is a restricted use pesticide that requires a pesticide applicator license to purchase. Davis was not licensed at the time of this purchase

STATE OF NORTH DAKOTA BEFORE THE STATE DEPARTMENT OF HEALTH
Administrative Consent Agreement • November 3rd, 2010 • American Crystal Sugar Co /Mn/ • Sugar & confectionery products
DEP A R T M EN T OF ENVI R ONM ENT A L PR OT EC T I ON
Administrative Consent Agreement • September 14th, 2021

This Agreement, by and among Sprague Operating Resources LLC (“Sprague”), and the State of Maine, Department of Environmental Protection (“Department”), as approved by the Maine Board of Environmental Protection (“Board”), and the Office of the Attorney General (“OAG”) is entered into pursuant to the laws concerning the Department’s Organization and Powers, 38 M.R.S. §§ 347-A(1) and 341-D(6).

ADMINISTRATIVE CONSENT AGREEMENT
Administrative Consent Agreement • July 13th, 2022

This agreement is made as of this day of 2022 by and between Rock Bottom Sand & Gravel, LLC (hereinafter “Property Owner”) and the City of Sanford (hereinafter “the City”).

Proposed Administrative Consent Agreement Background Summary
Administrative Consent Agreement • April 7th, 2015

Summary of Allegation(s): Commercial pesticide applications with an expired firm license and expired applicator licenses.

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