LITTLETON, Maine — The town of Littleton has violated Maine’s Protection and Improvement of Waters law by discharging concrete into waters of the state of Maine, along with Maine’s Water Classification Program law by causing or contributing to the failure of waters to
attain the aquatic life standards of their class; and Maine’s Natural Resources Protection Act and Permit by Rule standards by failing to divert water around the work area while working in a stream that is less than three-feet deep.
“The water wasn’t contained properly,” said Littleton Town Manager Courtney Toby. “We had all the right paperwork and permits to complete the project. However, cement overflowed the sand bags, despite having several pumps working, and cement went downstream and killed fish by changing the pH in the water.”
Littleton maintains a right-of-way, the Ingraham Road, which contains a portion of Craig Brook. In 2011, Littleton applied for a permit by rule to repair a road culvert on the Ingraham Road, which had been damaged during a storm event. In August 2011, the Maine Department of Inland Fisheries and Wildlife notified the Department of a fish kill complaint in Craig Brook.
According to the Environmental Protection Agency, the Department staff found that concrete had been poured directly into the stream and there appeared to have been no attempt to divert water around the site as required by the Department’s Permit by Rule standards.
The report finding differs from the town’s point of view.
“It was a matter of extenuating circumstances,” said Toby. “We had everything lined up to do the project, but it rained that day. The concrete was ready. The sandbags were there. But, we didn’t have enough sandbags, as the water rose above the existing sandbags.”
To resolve the violations, Littleton agreed to have a town official or designee attend an erosion and sedimentation control class and become a certified contractor through the Department’s erosion control certificate program — which they did not have to do because Bill Dunbar is a certified contractor working for the town — and the town agreed to pay a fine of $21,578 as a civil penalty. Of the $21,578 total penalty amount, $17,262.40 will be offset by a Supplemental Environmental Project for the purpose of conducting a habitat restoration project on the Meduxnekeag River, which will be carried out by Bill Dunbar at no cost to the town.
“This summer, we will help restore the river area through a project with the Houlton Band of Maliseets,” said Toby.
