Attorney General Aaron M. Frey announced his Office’s successful collection of over $650k from Cornerbrook LLC and CPSP LLC, both owned by Joseph Soley. The companies own properties near the Maine Mall in South Portland that are subject to regulation and permitting under the Clean Water Act and Maine law due to their proximity to the Long Creek watershed.
Entities typically meet these obligations by signing on to a general permit administered by the Maine Department of Environmental Protection, which requires participation in an agreement administered by the Long Creek Watershed Management District and payment of fees to the District. The fees from this general permit arrangement help make necessary improvements to water quality due to the unique and vulnerable characteristics of the Long Creek watershed. Mr. Soley’s LLCs had previously violated these legal requirements under a prior version of the general permit, which prompted a court action in 2012 resulting in judgments against both companies.
In 2018 the DEP notified Mr. Soley’s companies that they were in violation of the legal permitting requirements. Because the entities failed to voluntarily come into compliance, the DEP filed complaints in Maine District Court in 2021. In 2023, the Court entered judgments requiring the entities to pay overdue fees and civil penalties and submit notices of their intent to comply with the DEP’s general permit for the Long Creek watershed going forward. Additional penalties were triggered by the companies’ failure to timely comply with the Court’s judgment. Overall, the violations by these entities have resulted in payments of over $400k in overdue fees to the Long Creek Watershed Management District and $250k in civil penalties to the State of Maine.
“Environmental regulations like the ones in the present case ensure communities have safe, clean water and our natural resources are preserved,” said Attorney General Frey. “When violators flout the law, refusing to pay fees and fines, we must take action to protect residents, waterways and wildlife.”
“We appreciate the efforts of the DEP and the Attorney General’s Office to recover all past due fees from these entities and get them back in good standing with the District,” said Peter Carney, Executive Director of the Long Creek Watershed Management District. “It is important for all District members to fully comply with the DEP’s general permit for stormwater discharges to Long Creek and to pay their fair share of the related financial obligations.”
“When neighbors in the Long Creek Watershed believe they are not subject to the same regulations, it is unfair to the nearby companies and property owners that contribute to the watershed's protection,” said Melanie Loyzim, Commissioner of the Maine Department of Environmental Protection (Maine DEP). “The goal of the DEP is to ensure that the regulations protecting Long Creek are followed and that the water quality continues to improve.”
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