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Dec 24, 2022

WRFR Penobscot Bay Report.

This week a return to Rockland's Harbor Management Commission Dec 22, 2022.

Minutes of the November 112222 meeting (jpg) Full text below


When last contemplated early this year, Rockland harbor activists had suffered  a crushing rejection by the Maine Coast of Environmental Protection



SHM.  During its 12/22/22 meeting at the Harbormaster\s office. 

The commission first  discussed the status of Safe Harbor's  expansion plan. This in response to a  question raised in the meeting's  public comments time, by Ron Huber of  WRFR. 

It was noted that SHM's dredging plans for this winter were dropped  due to delays related to the appeal by local community activists of DEP's approval of Safe Harbor's   NRPA and  Site Law  approval  brought  by local community activists appeal to the Maine Board of Environmental Protection 



HMC Meeting Notes November 11/22/22

ln Attendance:

Todd Schwendeman, Richard Whitman, Sam —Harbor Commission (not enough for a quorum)

Kate Clark — Applicant  **   Virginia Noble — Resident

Steve Betts — Courier Gazette  **  Molly Eddy- Harbormaster

Public Comment- Virginia Noble, 40 Mechanic Street, has concerns RE: Scone Goddess food truck inSnow Marine, reviews permit application, states concern for: parking in Snow, marine uses beprioritized, Too much traffic on Mechanic Street already, Would like to see fees for boat ramp increaseto help reduce tax burden on residents, suggests that food trucks should be in Bouy Park Only, pays a premium for water view at her location and doesn't want the view spoiled by a food truck

Scone Goddess Application Discussion: Kate Brings forward potential parking locations (3), with photos and diagrams, discussion ensues. Parking on the green in the middle?  Then everyone else will likely park there- bad for grounds maintenance. +/-'s of 3 proposed sites regarding traffic flow, safety of customers, etc. Richard agrees that rates for launch ramp should be increased, expresses preference for marine uses only in Snow. Kate clarifies "So It's not My food truck that's the issue, it's Any?" which the HMC agrees. 

Molly points out that it's allowed in city code (exactly where is the question).  Todd suggests a limit for Snow in the future and that we approve for a year as a trial run, Sam agrees but have to table discussion because we don't have a quorum.

Other Applications: Me Boats & BH&H Show, Friendship Sloop Society Tabled due to lack of Quorum

Fish Pier: Dredging — 2000 cu yards of loose mud and silt removed so far out of 10000 total cu yards planned. Eric Steele will be surveying once both sides are cleared of mud and silt. Likely won't be able to take the ledge down to the full -9' depth, but aiming for uniform depth ofapprox. -7’ to assist navigation. 

Richard states that should be fine, we discuss that they can't dredge too close to the pier itself without potentially undermining the pier. Discuss rebuilding seawall, moving bait coolers, electrical issues.

Sunk Boat in North End: going through process to declare abandoned. Hopefully will bring to HMC to declare it so next month.

Sunk Boat in Owls Head: Owls Head is managing- might want help with disposal - HMC thinks OH should manage it on their own.

Delinquent Moorings: approx. 30 in harbor- might be a solution to safe harbor displacement? Richard mentions that there's a process for declaring them delinquent as well as a bid process for selling them. 

ACL partnering submittal — Molly will follow up with Tom. Sam is against Emerald Princess: over the 3k limit, Molly wants to ask for an exemption, all present agree, as it's a 30k paycheck for the city. Cruise ship ordinance is functionally a mess, Molly is clarifying it. 

Consider restrictions on ACL dockage so the public can use the dock Fri, Sat, Sun.

Landings Submerged Lands Lease— Landings is within their rights to expand as they have submitted. City intends to enforce lease so that the Landings doesn't expand beyond their lease, thus encroaching on the fish pier.




Dec 7, 2022

DEP 2022 Info Juniper Ridge Landfill

 

October 2022

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June 2022

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January 2022

2021 Reports +

Nov 26, 2022

State Agencies and FOAA. recent report by AG's office on (1) recent improvements to FOAA and (2) nuisance FOAAs and threatening language by requesters

The November 17, 2022 meeting of the Maine Legislature's  Right To Know Advisory Committee featured an eight minute presentation by Brenda Kielty the Maine attorney general's "Public Access Ombudsman".

Kielty's  8 minute presentation is followed by ten minutes of questions from members of the RTK advisory committee  Click here for the 18minute audio mp3  See also    One page document in her presentation.

Kielty  discusses state agencies' experiences with FOAA requests, regarding both  efficacy of the new 1st two hours of search free  policy and  the amount of threats or disruptive requests .

Neal Goldberg of Maine Municipal Association also gave a presentation to the committee at this meeting.       Read his survey of Maine towns' experience with FOAA requests,

Three public commenters also spoke at the 11/17/22 event  Here are their written comments 


Nov 21, 2022

Maine towns OK with 1st-2hrs-free FOAA rule. NOT okay with "weaponized" FOAA requests

The November 17, 2022 meeting of the Right To Know Advisory Committee featured a presentation by Neal Goldberg of Maine Municipal Association on his survey of Maine towns' experience with FOAA requests, and their ability to fulfill them in a timely fashion - without sacrificing other municipal governance priorities. 

 
Goldberg told the committee that overall, the FOAA request and response process is functioning smoothly at the municipal level. 99% of FOAA requests take less than two hours to respond to,  he said.   Many municipalities have even waived fees for searches that exceeded that two free hours limit when a  requestor had a reasonable request.  The simplicity of most requests, Goldberg said,  made them easy to fold into existing labors.

Not all was well.
MMA discovered a sharp rise in in towns experiencing disruptive FOAA requests. These are  intentionally extensive or onerous, or sometimes troubling to personal safety. A municipal town manager stated, “[people] are weaponizing the FOAA process.”

Most of these disruptive angry FOAAs come from individuals rather than commercial parties or NGOs,  Goldberg told the committee.    
As an example, a Lincoln county  town official told MMA:

"I've received close to 30 FOAA requests from the same person since August 17th (2022), all with demands to have them completed within days, and threats to take me to court and explain my unreasonable response times to the judge, and all designed to avoid exceeding the 2 hours per request free of charge... I've put in more time on this one man's harassment than I have for a whole budget season."

Throughout the survey period, MMA staff was struck by how distraught respondents are when discussing FOAA requests.

Goldberg said another form of nuisance request: copycat requests. Maine's Secretary of State Shenna Bellows has warned municipalities to be watching for requests that appear to be out of context or uninformed on Maine laws.    

 Bellows said  such requests are instigated by sources outside of Maine to subvert the daily performance of municipal responsibilities. Frequently these copycat requests pertain to elections.

Sigh...




Oct 24, 2022

Lower Saint George River - as a shellfishery and as receiving waters for Thomaston and Warren Sewage treatment plants discharges

A bit of information about the lower Saint George River's softshell clam stocks and the govt records of the  two sewage treatment plants that discharge into it.  Both clams and the treatment plants appear to be doing well, each possibly for different reasons.

St George River Shellfish and Sewage treatment plants 

Soft-Shell Clam Recruitment in the St. George and Weskeag Rivers (2017 & 2018)

Regional clam ordinance for Saint George South Thomaston, Thomaston, Cushing and Warren

Georges River Regional Shellfish Ordinance  

&  Georges River Regional Interlocal Clam Management Agreement of 2002  (table of contents below)


Sewage Treatment plants that pump into the lower Saint George

Links to their EPA pollution webpages The most recent  sewage license  and the one before.

Thomaston sewer permit 2018

Thomaston sewer permit  2003

Warren Sanitary district sewer permit 2016 

Warren sanitary district sewer permit 2010

Maine Water Company discharge permit 2016  (in Warren)

 Table of Contents of a Review of this SG  Interlocal Agreement. by Togue Brawn et al Full pdf

Chapter 1 reviews the purposes and methods of the study. 

Chapter 2  Clam biology & the principles of soft-shell clam management. 

Chapters 3 and 4 History and background of clam harvesting and mgmt in Maine. 

Chapter 5  The Georges River Program, its development and  details of its organization and scope.

 Chapter 6 Literature review on fisheries economics, rational choice theory, externality theory, collective action theory and co-management

Chapter 7 State of Maine landings data obtained from the Department of Marine Resources. It compares catch per unit of effort figures between the Georges River estuary and the state as a whole both prior to and post management. 

Chapter 8 discusses how the theories and facts discussed in the previous chapters are relevant to the Georges River Program. In particular, it examines the relevance of co-management theory versus economic theory. It also discusses the program's potential for long-term success, and what lessons can be learned from the program and applied to fisheries management theory in general

End

PART 2 THE SEWAGE TREATMENT PLANTS

Useful part of the 2003 Thomaston sewer permit

"The applicant has applied for a renewal of Waste Discharge License (WDL) #W002643-46-B-R, which was issued on August 26, 1996 and expired on August 26, 2001. 

"The WDL authorized the disposal of treated sanitary waste water by discharge to the St. George River in Thomaston, Maine and for disposal via a surface waste water disposal system (hereafter referred to as spray irrigation). 

"The previous [1996] license authorized the discharge of 0.46 million gallons per day (MGD) of treated sanitary waste water to the St. George River until the completion of the new treatment lagoons but no later than March 31, 1998. 

After completion of the new treatment lagoons or after March 31, 1998 whichever came first, Thomaston was authorized to discharge 0.9 MGD of treated waste water to the St. George River during the months of January, February, and March of each year and to spray irrigate 0.65 MGD of waste water on land during the period April 15 through October 31 each year. 

Useful part of the 2018 Thomaston Sewage Permit

 Permit #ME0100668, (permit hereinafter) that was issued by the Department on April 10, 2013, for a five-year term. The MEPDES Permit/ WDL authorized the operation of an aerated facultative sanitary wastewater treatment lagoon system with two wastewater disposal options. From January I through March 31 each year, the permittee was authorized to discharge up to a monthly average flow of 0.9 million gallons per day (MGD) of treated sanitary wastewater to the St. George River, a Class SB water in Thomaston, Maine. 

From April 1 through November 30 each year, the petmittee was authorized to spray irrigate treated waste via a surface wastewater disposal system onto land in Thomaston, Maine

On June 6, 2017, the permit was modified authorizing the permittee to operate the surface waste water disposal system to dispose of 30 million gallons of treated effluent via creating ice piles between December 1 and March 31. 


Oct 11, 2022

Defenders of the Prokaryotic Empire!

When considering what has first priority for Earth/Sea defenders and conservers, ask yourself: Of all that biomass that we  respire along with, what bits  or broad expanses of it  are most At Risk? What  is Wildest? Or Eldest. Rarest.  Keystonedest?  All of the above?


My pick: Wild bacteria are at risk,  things are getting worse,  and we megafauna die without them.

Teach online class 


 specifically their abilities to  create and biochemcally respond to   

Wild Biofilms are natural  structures built by bacteria, inhabited by other microbes from diatoms to amoebas. By collectively releasing multiple signal molecules, they become landing strips for all the planktonic larvae of mussels,  that settle   They make life possible for we of that  junior life branch: the Eukaryotes.

Read about 
(1) the importance of wild biofilms.
(2) Climate Change's impacts to biofilms
(3) Impacts of antibiofilm strategies in medicine, public health, fishing & agriculture.




Biofilms: The Microbial “Protective Clothing” in Extreme Environments

WILD BIOFILMS &THEIR IMPORTANCE

We Are One: multispecies metabolism & strategies of a Biofilm Jan 2021

Love at First Taste: Induction of Larval Settlement by Marine Microbes Feb 2020

Second skin: ecological role of epibiotic biofilms on marine organisms August 2012

Significance of biofilms to human, animal, plant and ecosystem health Oct 2021



CLIMATE IMPACTS ON MICROBIAL BIOFILMING SUCCESS

Thermal Acclimation and Adaptation in Marine Protozooplankton and Mixoplankton



THREATS TO  BIOFILMS

Quorum disrupting pollutants 2015 

Quorum quenching: its role in nature and applied developments



RESPONSE TO  BIOFILM THREATS 

Trans-kingdom interactions in mixed biofilm communities May 2022


12/16/22

The role of containerships as transfer mechanisms of marine biofouling species 2009


Fouling in your own nest:  vessel noise increases biofouling 2014







-------------------------------------------------------------------


Biofouling    2022 Oct;3 8(9):940-951. 2022 Dec 13.

Published: 11 August 2016
Biofilms: an emergent form of bacterial life






























Oct 8, 2022

ME Water Use Commission mtg: 2 Presentrations by UMaine Law School Prof Anthony Moffa on Maine water rights & water regulation

 On October 6, 2022 The Commission To Study the Role of Water as a Resource in the State of Maine met  in Room 127 of the Statehouse and livestreamed online.   Listen to the two presentations by Professor Anthony Moffa of the UMaine School of Law. The first on theWater Rights of Mainers; the second on the regulation of Maine Waters

Speakers

Introduction 2min42sec

Prof Tony Moffa UME Law  Presentation One Mainers' water rights 14min 30sec  

Q&A1 8min 40sec 1

Prof Moffa Presentation Two. Regulating Water 10min 48sec

Pro Moffa Q&A 2 11min12sec

AGENDA  10/6/22

12:00 p.m. Welcome and introductions 

12:05 p.m. Presentation on Maine water rights/ownership and other state approaches Anthony Moffa, Associate Professor of Law, University of Maine School of Law 

12:45 p.m. Presentation on state approaches to regulation of natural resource extraction Anthony Moffa, Associate Professor of Law, University of Maine School of Law 

1:30 p.m. Presentation on oversight/regulation of water resources by Department of Environmental Protection Marybeth Richardson, Acting Director, Bureau of Land Resources, Department of Evironmental Protection

 1:50 p.m. Presentation on oversight/regulation of water resources by Maine Center for Disease Control and Prevention, Drinking Water Program Amy Lachance, Drinking Water Program Manager (DHHS/Maine CDC) 2:10 p.m. Break 2:20 p.m. Presentation on oversight/regulation of water resources by Maine Geological Survey (DACF) Ryan Gordon, Hydrogeologist, Maine Geological Survey (DACF) 2:40 p.m. Presentation on Water Resources Planning Committee Ryan Gordon, Hydrogeologist, Maine Geological Survey (DACF) 3:00 p.m. Presentation on climate change and water resources Sean Birkel, Maine State Climatologist, Climate Change Institute, University of Maine Cooperative Extension 3:20 p.m. Commission member discussion 3:50 p.m. Next steps 4:00 p.m. Adjourn 

Oct 4, 2022

Legislature's ENR committee 10/3/22 got updates on new ME law from LD 1639 passage ending imports of demolition & construction debris. Audio MP3s

On October 3, 2022  the  Maine Legislature's Environment & Natural Resources Committee (ENR)  questioned and got updates by  Maine DEP chief of  Waste Management Suzanne Miller,  NRCM's Sarah Nichols,  Resource Lewiston's Greg Leahy, and Burnstein Shur atty James Codys  (audio mp3) regarding implementation of  LD 1639  An Act To Protect the Health and Welfare of Maine Communities and Reduce Harmful Solid Waste   The bill was approved by Governor Mills  and is now Public Law 1639 .  

AUDIO of the October 3, 2022 briefing .

Introduction 1. Committee members and staff    2min21sec 

Introduction 2. Committee cochair  Ralph Tucker's plan for this as a briefing, not a public hearing 4min23sec.

GOVT

DEP Susanne Miller, chief, Bureau of Remediation & Waste Mgmt  29min30sec

INDUSTRY

James Cody, Bernstein Shur & Greg Leahy, Resources Lewiston. 6min17sec 

Cody & Leahy QA1 25min

Cody & Leahy QA2  13min12sec

CONSERVATION

Sarah Nichols NRCM present and QA_43min

Backstory Maine's publicly owned Juniper Ridge Landfill  was acquired by the state as a public resource for the exclusive deposition of Maine-generated waste.  But a loophole was sneaked onto the enabling bill that allowed out of state waste to continue to be dumped on JRL, provided it has been minimally  "processed" by a Maine recycling facility.  The new public law corrects this.



Sep 30, 2022

Nordic Aquafarms' alleged TRI challenged again LISTEN to testimonies of 3 attorneys before Maine Supreme Judicial Court in Sept 8th, 2-22

The furious legal fight that has so far fended off aggressive polluter-wannabee Nordic Aquafarms continues. 

Listen as each of the legal eagles soars then swoops to the attack.  From  ever awesome eco-lawyer  Kim Ervin Tucker, to her opponents that day: Nordic's hired legal guns:  David M. Kallin of Drummond Woodsum  and David Perkins of Curtis Thaxter (and their entourages). . Each recording starts with an intro

Intro and Attorney Kim Ervin Tucker speaking for shoreowners  Mabee-Grace, Friends and the Lobstering Representatives  6min 42sec

Atty David Perkins, Curtis Thaxter, pro Nordic,  8min41sec 

Atty David M. Kallinn  Drummond Woodsum   for Nordic  & QA 16min 

Atty Kim Tucker's Rebuttal 3min14sec   (to end of state recording)

Yes,  that tideland is what  Nordic's  wastewater and water intake pipelines must cross to reach Penobscot Bay.  The combination of  shorefolk and fishfolk and their legal team has been potent against the machinations of  Norwegian investors, their legal team and, regrettably, those Quisling types ever ready to bend the knee to Big Money, local or global.

Justices of Maine's Supreme Judicial Court.

Hon. Valerie Stanfill Chief Justice
Hon Rick E. Lawrence Associate Justice
Hon. Andrew M. Mead Associate Justice
Hon. Joseph M. Jabar Associate Justice
Hon. Andrew M. Horton Associate Justice
Hon. Catherine R. Connors Associate Justice
Hon. Rick E. Lawrence Associate Justice




Sep 29, 2022

Safe Harbor draft Environmental Assessment for land side of Rockland megayacht plan. EA and Appendices breakouts.

Texas marina holding company Safe Harbor Marinas (SHM) has just released a draft Environmental Assessment of the impacts on the harbor and harbor users of the landward side of their marina expansion plan to make Rockland Maine's inner harbor a fueling center for megayachts and superyachts chugging along the Maine coast. The Safe Harbors proposal will require the city to surrender a portion of one of its few public beach parks to create the petroleum transfer point. MDOT and USFWS want to know what you think about that.

Below LINKS 1 Table of Contents for each section of the 150 pg draft EA

LINKS 2 Appendix A through Appendix I

LINKS 1







    5.2 Future Compliance Needs/Permits



LINKS 2 APPENDICES

2 Appendix B Issued Regulatory Permits























Sep 17, 2022

Standing: Who Can Sue to Protect the Environment?

A year ago the American Bar Association published  the essay "Standing: Who Can Sue to Protect the Environment?" 
Written by Marisa Martin & James Landman     Link to full article

Its a good,  (if slightly incomplete) list of  the various ways  that environmentalists and conservations can  gain standing to challenge  environmental permits or licenses granted to  would-be developers  and  pollution dischargers of our air, land and sea
                   
EXCERPTS:

"The basic idea behind “standing”—that only parties that have an interest in the case can bring the lawsuit—is relatively straightforward. In practice, however, developing a principled basis upon which standing can be demonstrated has proven to be extremely difficult, especially for those cases involving environmental issues"


"Environmental lawsuits range from the highly local to the global.  A plaintiff may file a lawsuit challenging the pollution of a nearby stream, the threats facing polar bears in the Arctic, or the increase in global warming due to unregulated greenhouse gas emissions."

On November 2, 2018, the U.S. Supreme Court announced that the trial in a case brought by 21 people, including minors, against the federal government for its role in the global warming crisis, could continue. Juliana v. United States is underway in the 9th circuit, in Oregon.

The plaintiffs, many of whom live in regions of the country suffering from effects of climate change, including extreme weather events, want a federal judge to order the federal government to develop a plan to address climate change.

swat stuff

Following is a summary of key findings from the 2011 SWAT program for its Marine Module .  1

Acronyms 

FTAL =   Fish Tissue Action Level) for cancer


. MARINE AND ESTUARINE

 In 2011, blue mussel tissue from East End Beach, Portland, Mill Creek, Falmouth,

Rockland, and Sandy Point, Stockton Springs, was analyzed for contaminants

including metals, mercury, Polycyclic Aromatic Hydrocarbons (PAHs),

Polychlorinated Biphenyls (PCBs), and organochlorinated pesticides. In 2011,

tissue from six additional blue mussel sites in the Sheepscot estuary was analyzed

for metals and mercury only.

 In 2011, softshell clam tissue from Fort Point Cove, Stockton Springs, was tested

and reported with data from seven other softshell clam sites sampled in 2004-05

and 2010. Clam tissue was analyzed for contaminants including metals, mercury,

PAHs, PCBs, and organochlorinated pesticides.

 Lead in mussel tissue exceeded the National Status and Trends (NS&T)

Musselwatch 85th percentile concentration at six sites in 2011, resulting in these

sites receiving an “elevated” designation. Two of these sites, East End Beach,

Portland, and Crockett Point, Rockland, also exceeded the Maine Center for

Disease Control’s (MCDC) fish tissue action level (FTAL) for lead in finfish.

Lead in clam tissue in 2011 at Fort Point Cove, Stockton Springs, fell just below

the MCDC FTAL for lead in finfish. Previous clam tissue sampling in 2005 at

Fort Point Cove exceeded the MCDC FTAL for lead in finfish. 

Sep 10, 2022

Penobscot Bay report September 10, 2022. gene editing the natural world Nordic case before SJC * Who can Sue? *Dredge team mtg soon

 Maine lobsters downgraded

* Supreme Judicial Court audio 33min   Sept 9, 2022 Q&A of the opposing counsels 

WHO CAN SUE? FROM THE ABA

Boy named sue  cash

GENETIC ENGINEERING THE NATURAL WORLD  WITH CRSPR  30 MINUTES  Document link

Latest from PEER

WASHINGTON STATE : BREACHING DAMS ‘MUST BE AN OPTION’ TO SAVE SALMON, WASHINGTON DEMOCRATS SAY


Maine Dredge Team will be at bat September 28, 2022, from 10 A.M. to 12 P.M. to discuss the state of dredging proposed, underway and completed or denied in Maine waters, with a focus on dredging in federal-channeled navigable waters..
It will be an on-line only meeting using the MS Teams platform. Details at the three links below
Link to the 9/29/22 agenda including how to connect
3/7/22 Maine Dredge Team Mtg Minutes/summary 5pg pdf
3/7/22 Slides on DEP Chap 418 "Beneficial Reuse" of Dredge Spoils. 18pg pdf https://www.penbay.org/.../dredge_team_030722_dep__ch418...