* LD 620 An Act Regarding Licensing of Land-based Aquaculture Facilities Bill Status & filed testimony Public hearing February 28, 2019. Got ONTP March 12, 2019
* LD 1241 An Act To Improve Survival Rates of Salmon and Other Migratory Fish Transitioning from Freshwater to Saltwater Environments Bill status & testimony
Chair Draper noted that the next item on the agenda is an appeal of a Clean Water Act related permit for which certain Board members may not participate, pursuant to Title 38 Section 341-C(8)(A). Chair Draper designated Mr. Duchesne to preside over the remainder of the meeting. Board members Draper, Lessard, and Dubois recused themselves and left the meeting.
4. Appeal of General Permit for Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4 General Permit) by Friends of Casco Bay (decision)
Staff: Gregg Wood, Bureau of Water Quality
Mr. Hinkel introduced the appeal by summarizing Friends of Casco Bay’s (FOCB) objections to the Commissioner’s decision and the procedure for deciding an appeal, including the Board’s consideration of and vote on whether or not to hold a hearing in response to FOCB’s request for a hearing.
Mr. Hinkel noted that the U.S. EPA Region I; the Bangor Area Stormwater Group; the Interlocal Stormwater Working Group and the Southern Maine Stormwater Working Group; and Conservation Law Foundation submitted comments on the appeal. The U.S. EPA’s comments to the Department stated 018 Board of Environmental Protection June 17, 2021 Draft Pending Board Approval Page 5 of 6 that the final MS4 General Permit contains modifications from the draft General Permit that are inconsistent with the Clean Water Act and implementing regulations. The Bangor Area Stormwater Group, the Interlocal Stormwater Working Group, and the Southern Maine Stormwater Working Group’s comments to the Board were in opposition to FOCB’s appeal. Conservation Law Foundation’s comments to the Board were in support of FOCB’s appeal and the comments by the U.S. EPA Region I.
Mr. Hinkel noted that FOCB did not offer proposed supplemental evidence in its appeal. However, the appeal includes references to documents that are not in the Department’s licensing record, such as a report entitled “Scientific Assessment of Climate Change and its Effects in Maine,” Small Municipal Separate Storm Sewer Systems permits issued for the states of Massachusetts and New Hampshire, and a U.S. Environmental Protection Agency document entitled “Compendium of MS4 Permitting Approaches.”
Prior to the Board’s consideration of the appeal, the Presiding Officer ruled that all references to documents such as these, which are neither within the Department’s record nor attached to the appeal as proposed supplemental evidence, are struck and will not be considered by the Board.
Mr. Hinkel also noted that the Presiding Officer struck all electronic links provided in the appeal, and that the Presiding Officer admitted Interlocal Stormwater Working Group and the Southern Maine Stormwater Working Group’s proposed supplemental evidence Attachment 2–DEP emails regarding Chapter 500 updates.
Casco Baykeeper Ivy Frignoca discussed FOCB’s objections and challenges to the Commissioner's decision.
Attorney Brian Rayback, representing the Interlocal Stormwater Working Group and the Southern Maine Stormwater Working Group, addressed the issues raised on appeal by FOCB.
City of Lewiston Project Engineer John Kuchinski commented on the appeal. No other members of the public commented on the appeal.
Department staff Gregg Wood presented the proposed Board Order and answered Board questions. Department staff’s recommendations were that the Board remand the Commissioner’s Order to the Commissioner for further proceedings to modify Part IV.C.5.b and Part IV.E of the Final Permit. Assistant Attorney General Laura Jensen noted that the proposed Board Order contains a typographical error in the reference to Section IV.B.5.b. Mr. Wood confirmed that the correct reference should be to Section IV.C.5.b.
Ms. Frignoca offered a rebuttal to support her arguments on appeal following the staff presentation. 019 Board of Environmental Protection June 17, 2021 Draft Pending Board Approval Page 6 of 6
The Board voted (4-0-3-0) on a motion by Steve Pelletier and seconded by Robert Sanford to deny FOCB’s request to hold a hearing on the issues raised on appeal. Mark Draper, Mark Dubois, and Susan Lessard recused themselves and were not present for the vote.
The vote was taken pursuant to 38 M.R.S. § 341-D and 06-096 C.M.R. 2, § 24.
Following deliberations, the Board voted (4-0-3-0) on a motion by James Parker and seconded by Steve Pelletier to accept the staff recommendation, with an amendment to correct the reference to Part IV.C.5.b of the MS4 General Permit in the Board Order proposed by staff, to remand the Commissioner’s Order to the Commissioner for further proceedings to modify Part IV.C.5, Part IV.E, and the Response to Comments portion of the Final Permit.
The vote was taken pursuant to 38 M.R.S. § 341-D and 06-096 C.M.R. 2, § 24(G). Mark Draper, Mark Dubois, and Susan Lessard recused themselves and were not present for the vote.
(The meeting adjourned at approximately 2:00 p.m.)
Enjoy audio mp3s of Penobscot Bay Sounds
* Owls Head & Rockland Lighthouses' horns duet, with morning birds, wavewash over cobble 60min.
* Waves, foghorns of lighthouses & vessels, outer Rockland Harbor. 21minutes
* Waves, aircraft sounds, Owls Head St Park 28 minutes 38sec (no foghorns)
* Rush hour lobsterboats homebound betwn Rackliff Island & Norton Isld, boat music. 60min
* Tidal stream flowing into harbor from Searsport Shores Campground. 48minutes
Spill Number: B-567-1994
Report Status: Final Report
MCD Town: SEARSPORT
Primary Responder: ROBERT RANDALL
Subject/Owner: DELTA CHEMICALS, INC.
I. EVENT
SPILL INFO
Type: Non-Oil, Non-Hazardous Incident
Source: Cause: Discharge - Deliberate/Other
Spill Date/Time: 09/21/1994
Reporter Type/Detection Method Citizen Complaint
Reported Date/Time: 09/22/1994
Subject/Spiller
DELTA CHEMICALS, INC.
KIDDER POINT ROAD
SEARSPORT ME 04974
Primary Responder and Other Employees
Contact(s): ROBERT RANDALL (Primary Responder)
Comment: No Further Response Action Expected
II. SITE
Location Type: Business - Industrial {ID}
Name: DELTA CHEMICALS, INC.
Street Address: KIDDER POINT ROAD
MCD Town: SEARSPORT
Spill Point: UTM North 4923482.00 UTM East 509722.00
Wells and Media Affected : 0
Media Affected: Land {L}
Tanks Involved: NONE
III. CLEANUP
Product Reported: Unspecified Oil {80}
Products Found/Amount Spilled: Algae Blooms/Plant Pollen Sheens {52} - 0.00
Material Recovered: NONE
Recovery/Treatment Method: NONE
Cleanup DTREE:
Disposal Information: Drainage of 2 old facility ponds (marsh sheens/algae).
IV. NARRATIVE
V.ATTACHMENTS
Photos from Lighthawk flight July 2014
Lighthawk_071714_rt1_stockton_hbr_kidderpt_searsisland.jpg
fig4_area_interest_samplemap_only.jpg
https://penbay.org/gac/stripe/ images of Kidder Pt shore after plume washed ashore with incoming tide
lh_071714 kidder_point_cove_ plume Note plume exiting land from lower right
lh_071714 Kidder Pt _open waters view: can plume be detected isolated from open waters?
lh_071714%20gac_openwaters view plumes isolatable?
lh_071714 gac_plumes_incoming_tide.jpg
lh_071714_plume_acid plant.jp
lh_071714_upperbay1.jpg (no visible plume)
https://penbay.org/gac/vrap/vrap_plan_2014/testpits/fig5_testpit_locations_01.jpg
1995
1996
1997
1998
1999
2000 President should designate Gulf of Maine border wilderness 7/27/00 (Task Force Atlantis)
20001 ** Federal agency rejects Samoset marina plan; orders eelgrass study of Rockland Harbor (Penobscot Bay Watch, 4/4/01)
2002
2003
2004
2005
2006
2007
2008
2009
2010 Monhegan offshore windsiting litigation
2011
2012
2013
2014
12 5/14 GAC Chemical, CES VRAP Remediation& Shoreline Stabilization Plan
12/24/14 Grimmel Industries' waterfront scrap metal junkyard proposal a terrible Idea for Searsport - Peter Taber.
2015
2016
2017 December 2017 MAV FOAA 2017 request to Maine Bureau of Parks & Lands chief
2018
2019
2020
2021
The below archived Penobscot Bay Watch media releases discuss relevant local/state/federal events & issues as they rose and fell during Governor King's 2nd term and Governor Baldacci's 1st term . 2/2/01 - to 2/7/205 Topics Knox county airport expansion, state rockweed conservation, Samoset marina sprawl, local landfills, out of state waste imports, dredge spoils, state trawl survey &, shedder lobster impacts, salmon fishpens, state aquaculture task force, shellfish farming, a Sears Island LNG terminal plan - and more!
DEP 80C Appeal: 8/27 Oral argument in the DEP case on my Motion to Amend
Justice Murray has scheduled a ONE HOUR oral argument, on 8/27 beg
Preeminent lawyer Wesley Horton retained to defend against the City of Belfast’s attempt to take private property
(BELFAST, MAINE AUGUST 3, 2021)—Upstream Watch has retained the legal services of Attorney Wesley Horton, who successfully argued in the United States Supreme Court the leading eminent domain case in America, Kelo v New London. This is in response to the City of Belfast’s attempt to take for Nordic Aquafarms the private property of two Belfast residents.
Nordic Aquafarms has to date been unable to acquire clear title to the land they claim to need for their proposed pipelines. To help Nordic, on August 3 the Belfast city Council will consider whether to take the land Nordic says it needs by eminent domain (Item 10C on the agenda). Council members Mike Hurley and Neal Harkness have both stated that the city needs this privately owned land so that they can allow Nordic to put their pipes through it.
Item 10C does not offer any explanation of what is proposed but only cites “23 MRS 3022 and 30-A MRS 3101” to vaguely describe this agenda item. When asked to explain item 10C, Michael Hurley replied “Ask your lawyer”. Taking private property by the government for private gain has serious legal consequences.
Upstream Watch has been preparing for this possibility, and has added to their legal team some of the top lawyers in the country: Attorneys David Silk and David Perkins and Attorney David Losee have been joined by Wesley Horton and Michael Taylor of Horton, Dowd, Bartschi and Levesque. They will be coordinating closely with Attorney Kim Ervin Tucker who is representing the Friends of Harriet L. Hartley Conservation Area and property owners Judith Grace and Jeffrey Mabee from whom the property would be taken..
Wesley Horton’s list of cases on which he appears as counsel spans 35 years. He has argued over 125 cases to the Connecticut Supreme Court. Most notably, he argued and prevailed before the U.S. Supreme Court in the notable condemnation case, Kelo v. New London, 545 U.S. 469 (2005).
Amy Grant of Upstream Watch states “Frankly, it is baffling why the city would pursue this incredibly expensive and ill-fated scheme. We are fortunate to have an unparalleled team of eminent domain litigation experts onboard who are ready to defend against the City of Belfast’s illegal taking of private property. Just because the city wants to take private property doesn’t make it right or legal”
