
The Associated Press reported on Jan. 6 the state agency had concluded its investigation, but the results of the investigation had not, and still have not, been made public.
A section of rocks along the beach’s parking lot had been under investigation by the town, the BPC, the Maine Department of Environmental Protection and Department of Inland Fisheries and Wildlife after rat poison was discovered between the rocks on Aug. 9.
The section was reopened to the public a couple of weeks later, after officials from the MDEP had removed more than 14 pellets of rat poison from between the rocks.
Acting Town Manager Mark O’Brien said in a press release on Aug. 15 that he ordered the poison to be removed once he became aware of the problem.
Former Public Works Director Cliff Marchant was placed on administrative leave following discovery of the poison. Ogunquit’s Select Board voted earlier this month to accept Marchant’s voluntary resignation, which will be effective in March. He is scheduled to be paid until then.
O’Brien said Wednesday that Marchant had been acting as the director of administrative services since May, despite media reports that he had been the public works director at the time he had been placed on leave.
“There has been some misprinting of what’s going on. He hasn’t been the public works director since May,” O’Brien said. “He was taken back from that position since May, prior to any of this happening.”
The director of administrative services oversees buildings and maintenance. The town is currently seeking applicants for a new public works director, O’Brien said.
O’Brien said the town cannot discuss personnel matters due for reasons of confidentiality, and said he could not confirm if Marchant authorized the town’s use of rat poison on the beach.
In August, O’Brien said use of the poison was authorized by, “a town employee, town employees.”
State officials have expressed concern over the poison’s discovery. Peter Blanchard, director for the Division of Response Services for the MDEP, said in August the agency was particularly concerned because the poison was improperly handled.
The product, Tomcat All-Weather Bait Chunx, is a waxy substance meant to be placed inside a bait box that only rats can enter. However, Blanchard said, the product was found between the rocks, which posed tremendous health and environmental hazards.
The poison’s active ingredient, an anti-coagulant called diphacinone, causes internal bleeding and isn’t just capable of killing rats. According to Motomco, the product’s manufacturer, predatory animals can also be poisoned if they eat animals that have ingested the bait.
Motomco also explicitly states the product is not to be applied directly to water or to, “areas where surface water is present or to intertidal areas below the mean high water mark.”
O’Brien said Wednesday he could not discuss details of the pesticide board’s investigation, but said he is trying to arrange for the town and the board to meet at the beginning of February to sign a consent agreement, after which details will be made available to the public.
Henry Jennings, director of the pesticides board, said if the town and the board are able to reach an agreement, the agreement would be evaluated at a board meeting and then posted publicly on the agency’s website.
“The compliance staff here at the Maine Board of Pesticides Control has drafted an administrative consent agreement and mailed it to the town of Ogunquit and we’re waiting for their response to that,” Jennings said around 10:30 a.m. Thursday.
The board’s next meeting is on Feb. 17. Jennings said that, if the board and town come to an agreement in time for board members to be notified, the agreement could potentially be evaluated at that meeting.
Jennings said that the board’s primary concern in the investigation is to determine whether the rat poison was used lawfully. He said if the bait wasn’t used lawfully, the board has the authority to fine the town up to $1,500 for a first individual offense.
— Staff Writer Alan Bennett can be contacted at 282-1535, ext. 329 or abennett@journaltribune.com.
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