STEPHEN F.

HINCHMAN
ATTORNEY AT LAW

February 7, 2011

Darryl Brown, Commissioner

Maine Department of Environmental Protection
17 State House Station
Augusta, ME 04333-0017

Dear Commissioner Brown,

I am writing to inform you that today the Androscoggin River Alliance filed a petition
requesting the Administrator of the Environmental Protection Agency (“EPA”) to investigate
potential violations of the federal Clean Water Act that may require withdrawal of authority of
the Maine Department of Environmental Protection (“MDEP”) to administer the National
Pollution Discharge Elimination System (“NPDES”).

The petition is based on concerns that your appointment as Commissioner of MDEP may
violate Section 304(i) of the Clean Water Act. This provision expressly prohibits persons
directly or indirectly employed by regulated dischargers from overseeing state agencies that
administer NPDES permitting. Specifically, § 304(i) provides that:

[N]o board or body which approves permit applications or portions thereof shall
include, as a member, any person who receives, or has during the previous two
years received, a significant portion of his income directly or indirectly from
permit holders or applicants for a permit.

33 U.S.C. § 1314(i)(D). See also 40 C.F.R. § 123.25(c). As further explained in the petition,
attached, this provision applies to the chief administrative officer of any state agency responsible
for issuing permits under the NPDES program, and prohibits anyone from serving in that role if
they currently receive, or have received in the prior two years, more than 10 percent of their
annual personal income from permit holders or applicants for a permit. 40 C.F.R. § 123.25(c).

Based on our review of Main-Land Development, Co. (“MLDC”), it appears that a

significant number of MLDC’s clients either hold Clean Water Act permits or are applicants for
a permit. Given your role as sole shareholder and, until very recently, president of MLDC, it
also appears that you likely exceed the 10 percent income limit established in § 123.25(c). If so,
as a state approved to administer the NPDES program, Maine would be in violation of federal
law and the memorandum of agreement between the state and EPA regarding administration of
the NPDES program in Maine.

By this letter, we request that you fully disclose whether you in fact exceed the 10
percent limit, and provide all information necessary to allow for EPA to independently and
confidentially verify that determination. Should you find that you exceed the 10 percent limit, it

The Law Offices of Stephen F. Hinchman, LLC

537 Fosters Point Road, West Bath, Maine 04530
207.837.8637 | SteveHinchman@gmail.com
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is our goal that this notice will afford you the opportunity to resolve the situation on your own
initiative. We hope that you do not exceed the limit, but please note that if you do Maine could
forfeit its authority to administer the NPDES program under the Clean Water Act. To prevent
that occurrence, we would respectfully ask that you resign the post of Commissioner.

If you or your counsel have any questions regarding this letter or attached petition, please
contact me at the above address.

Sincerely,

Stephen F. Hinchman, Esq., counsel for the

Androscoggin River Alliance

Cc: Gov. Paul LePage, Governor of Maine

William J. Schneider, Attorney General of Maine
Lisa Jackson, EPA Administrator
Curt Spalding, EPA Regional Administrator, Region 1

Enclosure: Petition to the EPA Administrator, Feb. 7, 2011