KENNEBUNK, Maine — Work done by the Kennebunk Public Works Department to pave and improve the shoulder on Great Hill Road last fall violated Maine’s Erosion and Sedimentation Control Law, resulting in a $3,450 fine from the Maine Department of Environmental Protection.
The work disturbed a frontal sand dune — part of the coastal sand dune system, which is a protected natural resource under Maine law. In a notice of violation, the Maine DEP required the town to repair the disturbed dune and install erosion control measures.
Town Manager Barry Tibbetts said the repairs have been conducted to the satisfaction of Maine DEP at a cost of $2,256 for materials and $3,658 for labor and equipment usage. This brings the total cost of the violation to more than $9,300.
According to Tibbetts, public works staff brought the violation to his attention, and town officials contacted the Maine DEP to report it shortly after the road work was completed. On Sept. 23, 2014, Maine DEP inspectors visited the Great Hill Road site and observed that soil and rock material was removed from the frontal dune to construct a road shoulder.
Up to four feet of undeveloped dune along a 400-foot stretch was altered as a result. Inspectors also observed that vegetation was removed and soil and rock material was spread to create a snow storage area in the frontal dune.
The Board of Selectmen discussed the violation at its Jan. 13 meeting when some members expressed concern, while others applauded the town for self-reporting and felt the fine was reasonable.
Tempers flared during the public comment portion of this discussion when resident Steve Bowley addressed the board questioning Tibbetts’ assurance that town employees would be attending seminars to ensure that these mistakes would not happen again. Bowley felt that a lack of on-the-job supervision was the problem, and the working employees should not be blamed.
Chairman Kevin Donovan responded by noting that mistakes were made across the board, and no one has been held to task or disciplined.
Following the board meeting, Tibbetts explained that public works employees were a part of the repair process to create a “teachable moment.”
“I wanted our guys down there so they could learn from their mistakes,” Tibbetts said. “We want to educate the whole staff so something like this doesn’t happen again.”
The board is scheduled to discuss the violation again at an upcoming meeting in February.