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History / Board of Environmental Protection

The Board of Environmental Protection and the Department of Environmental Protection can trace their roots back to the Sanitary Water Board, created in 1941. In 1951 the Sanitary Water Board was renamed the Water Improvement Commission, and, in 1969, the Environment Improvement Commission.

On July 1, 1972, the Legislature re-designated the Environment Improvement Commission as the Board of Environmental Protection and created a new Department of Environmental Protection, consisting of the Board and a Commissioner and three program bureaus. In its earliest form, the Board focused on wastewater issues and its membership consisted of representatives from state agencies who had specific technical expertise. Over time, there has been a shift from technical members representing state agencies to non-technical members representing the general public. The scope of the Board's mandate has expanded along with the State's environmental laws from wastewater issues to all aspects of environmental regulation.

The structure and function of the Board and its role within the Department of Environmental Protection has been periodically reviewed by the Legislature.

In 1982 the Trafton Commission recommended several changes in the Board. The only recommendation implemented by the Legislature in 1983 was the removal of the Commissioner as a member of the Board. The Board continued to have oversight of all environmental permits, violations and rule-making initiatives.

In 1989 the Legislature formed a sub-committee to evaluate the role of the Board. Subsequent Legislation (PL 1989 c 503, An Act to Clarify the Role of the Board of Environmental Protection) made significant changes in the allocation of responsibilities between the Board and the Commissioner.

  • The Commissioner would issue all permits and licenses except those of "significant" applications which would be referred to the Board for consideration and decision;
  • The Board would hear appeals of Commissioner decisions, except those for petroleum cleanup reimbursement cases, which are heard by the Fund Insurance Review Board;
  • Several categories of applications, such as those for hazardous waste management facilities, would automatically remain with the Board;
  • The Board would continue to do all rulemaking.

More recently the Joint Standing Committee on Natural Resources appointed the "Task Force to Study the Operation of and Support for the Board of Environmental Protection." The findings of the Task Force provided the basis for PL 1999 c784, which established the position of Executive Analyst. There were no changes in the Board's responsibilities or authority.

An overview of the Board's purpose and operation can be found by clicking the link "purpose".