Information Sheet
Administrative Consent Agreements
Date: June 1993 Contact: (207) 287-2811
You have received a proposed administrative consent agreement from the Department of Environmental Protection. These answers to some commonly asked questions are designed to help you understand what the document means and how to respond.
What is an administrative consent agreement?
You have been identified as a party responsible for an environmental violation. The enclosed Administrative Consent Agreement is a proposal by the Department to resolve the matter through an administrative settlement agreement rather than through court action. This resolution process is known as the consent agreement process.
The consent agreement is a legally binding contract between you and the State of Maine. In order to be effective, the agreement must be approved by you, the Attorney General's Office and the Board of Environmental Protection. If all parties agree to the contents of this document, the agreement resolves the violation, and the state will not prosecute or seek additional enforcement action for the violations identified so long as you comply with the terms of the agreement.
Who writes the consent agreement?
The Department staff person who investigated your situation generally drafts the agreement, but the agreement must also be reviewed by his or her supervisor and approved by the Department's enforcement chief, as well as usually by an assistant attorney general, before it is sent to you.
This review and approval procedure has been followed in developing the remedial action and penalty contained in your agreement. The review is designed to ensure that your consent agreement is fair and is consistent with other similar settlements.
How was it decided that a consent agreement is justified in my case?
Cases that result in enforcement action are those where the violation is environmentally or legally significant; where violators do not immediately and voluntarily fix problems they have created; where there is a potential economic benefit; where the violator had knowledge or a duty to know of the law; or where there is a pattern of non-compliance. Your case may involve some or all of these components. The staff person who sent you the consent agreement will explain to you how this decision was made in your case.
What if I don't agree with what the consent agreement says?
While much of the consent agreement has a standard format, the descriptions, locations, dates, remedial actions, and penalties are tailored to your situation. If you disagree with the statements in the consent agreement or have additional relevant information or concerns to offer, you should contact the Department staff person to discuss the matter. If appropriate, the staff person will revise the document to accurately reflect the facts in your case. This is a consent agreement: you should agree with its terms before you sign it.
If I didn't know there was a law regulating or prohibiting what I did, doesn't that count for something?
Yes, it does. However, ignorance of the law does not excuse a violation.
In addition to providing education to the public about the need for compliance with environmental laws, the Department also has the responsibility to resolve violations in a manner that will protect and restore the environment and deter future violations. The terms of the proposed consent agreement are designed to reflect all of the circumstances of the violation, including the extent of deviation from the law, the harm or risk to the environment, as well as the degree to which you knew or should have known of your responsibilities under the law.
If I feel pressured by the Department staff person to sign the consent agreement, what can I do?
The job of this staff person is to formally resolve the violation through the most appropriate means, and to fully explain your options to you. That explanation includes informing you of the range of possible penalties and any court action that may be pursued if an administrative settlement cannot be reached.
If you believe you have not received satisfactory explanations or answers to your questions, please promptly communicate with that person's supervisor. If, after discussion with the supervisor, you believe your concerns are not being considered, request a meeting with the director of the bureau. If you still do not wish to enter into a consent agreement, you retain your full rights to have your case heard by a judge if the Department decides to pursue court action against you.
What are the advantages of resolving the matter through an administrative consent agreement?
There are several advantages to resolving the matter through an administrative consent agreement rather than in court. The consent agreement usually offers the fastest and least expensive means of resolving an enforcement action. Legal fees, delays and potentially higher court fines are avoided. Additionally, quicker repair of environmental damage better protects the quality of our environment for everyone. Finally, the consent agreement process is an agreed upon resolution in which you play a part, rather than having an ordered resolution imposed by a court.
What happens if I do sign the consent agreement?
Since this agreement is designed to settle the matter fully, you contractually bind yourself to pay the penalty and to perform the relief stated in the agreement. In return, the Department and the Attorney General give up the right to pursue the matter further, including through court action, provided the terms of the consent agreement are met.
What happens if I don't sign the consent agreement?
Because your situation is serious enough to justify the Department's proposing an administrative consent agreement, it is likely the Department will decide to pursue enforcement action in court if it can't settle the problem with you administratively.
If that happens, the Department, with the assistance of the Attorney General's office, will seek corrective action and a monetary penalty within the range allowed by statute. The usual range is $100 minimum to $10,000 maximum, per day, per violation. (The maximum increases to $25,000 per day, per violation if the violation relates to hazardous waste.) If the matter is resolved in court, the extent of the violation and the appropriate penalty and other relief will be decided by a judge.
Administrative Consent Agreements -4 OC/93-1/r94
