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Oct 31, 2023

Dennis!?

State senator Dennis Damon - occupies a special place of dishonor in the pantheon of Sears Island Sellers-Out that appears on occasion on this blog

Sears Island Sellouts: saga continues with: Senator 
Damon, He has taken to heart Public Law 277 , An Act Regarding the Management and Use of Sears Island, which (unconstitutionally) confers the Legislature's Transportation Committee with the power of final approval or disapproval over any change of use of Sears Island - an executive power granted by Maine's Founding Parents to the Executive Branch.

Senator Dennis Damon has used this unconstitutional Law 277 to lead the Transportation Committee on a rollercoaster ride, first imposing on November 18, 2008 binding conditions on MDOT forbidding the agency from signing a conservation easement agreement with Maine Coast Heritage Trust, until a container port received its permits to build and operate on Sears Island, but then , on January 13, 2009, pressuring that Committee - many members freshman legislators bewildered by the issue - into reversing its earlier unanimous 11/18/08 vote, and voting instead to waive the restriction on inking The Deal (above) that they'd earlier imposed, through a circuitous device of

"What was the quid pro quo? What did the Silent Senator ask for and receive during those private meetings with the governor to which he admits having after the November 18th vote that actually saved Sears Island and before the January re-vote that put it again at risk . Meetings so private that the co-chair of the committee, Representative Mazurek of Rockland was left out of the wheeling and dealing. Let alone the rest of the committee members!

What was enough to get Senator Damon to switch not only his vote, but also to shove reversal of the unanimous vote through the members of the Legislature's latest transportation committee when it convened for the first time in January 2009

Not content with his own silence, Sentor Dumb'un muzzled the citizens, repeatedly turning down requests by concerned Mainers for permission to speak to the assembled legislative members of either committee.

Interestingly, Senator Damon was oft to be seen with former Earth First! activist turned muzzler-of-NGO's Jimmy Freeman of Verona Island, (photo) who achieved his own peculiar renown for stifling opponents of dismembering Sears Island, such as the Maine Green Independent Party, the Native Forest Network- Gulf of Maine region, the Maine Earth First! clan. [Note: the Maine Green Independent Party has removed Mr. Freeman from its leadership, and hasthen taken a public stand against the Sears Island port plan and its mitigation plan!)

But from 2004 until that blissful MGHIP moment, under Jimmy's minstrations, none of the three NGOs raised the slightest of murmurs during the years of struggle by a ragtag pack of grassrooters to hold the island free of development. this while Freeman, now president o f a new government funded 501(c)(3) humorously named Friends of Sears Island(pdf), in the company of Sierra Club representative Joan Saxe, officially represented the public interest in the negotiations over Sears Islandwith the shipping industry and MDOT. Yet without ever consulting that public they were tapped to represent, Joan and Jim abandoned the public demand to pierce the illegal causeway (a necessity for fish and shellfish restoration), together agreed to hand over hundreds of wild wetland rich acres of the island to the industriocrats, and gether voted to exempt the island splitting plan from environmental review under federal transportation law. With Friends like these, Sears Island hardly needs enemies!

Listen to Damon supporting Maine coastal fisheries habitat protection and restoration at the March 19, 2008 hearing of the Marine Resources Committee. Then listen to Damon two months later supporting construction of a container port on Sears Island, (right in Penobscot Bay's top fish nursery) at the May meeting of MDOT's Sears Island Joint Use Planning Committee.

One hope and prays the Maine Superior Court will shortly relieve the Transportation Committee of the burden of implementing PL 277, by the simple expedient of declaring it in violation of the Maine Constitution's Article III Distribution of Powers.

He used 277 to work the Baldacci administration into a corner on Sears Island, only to then let him go after a serious of behind the scenes private meetings with



is an unconstitutional usurpation of executive branch decision making power by a sole legislative committee.

The senator, whoover the course of three years routinely declined to let opponents of the port project speak before two relevant committees of the Maine legislature that Senator Dumb'un chairs:

* The transportation committee, where the port wannabes, unencumbered by contrary testimony thanks to Damon's requal of requests to address the Committeess.

had free reign to dissemble to their heart's content, of course)
* The marine resources committee (where Damon has blocked all requests to testify to the claiming that the food, habitat and reproductive success of the fishes that the marine sources committee regulates "are not a concern of the committee."

Oct 30, 2023

GAC spills list to 2020

 

Spill NumberReport DateTown/MCDLocationSpill TypeTank Type
B-621-2016Sep 26, 2016SEARSPORTSPRAGUE ENERGY 70 TRUN...Oil IncidentAbove Ground Tank(s) Involved
B-676-2016Oct 20, 2016SEARSPORTSPRAGUE ENERGY 70 TRUN...Hazardous Material IncidentAbove Ground Tank(s) Involved
B-686-2016Oct 23, 2016SEARSPORTSPRAGUE TERMINAL 70 TR...Hazardous Material IncidentAbove Ground Tank(s) Involved
B-341-2017May 23, 2017SEARSPORTSPRAGUE ENERGY CORPORA...Hazardous Material IncidentNone
B-593-2017Aug 30, 2017SEARSPORTSOOT ON WATER LONG COV...Non-Oil, Non-Hazardous IncidentNone
B-665-2017Sep 27, 2017SEARSPORTSEARSPORT ELEMENTARY S...Oil IncidentNone
B-724-2017Oct 17, 2017SEARSPORTCATINA HAMILTON 340 HA...Oil IncidentAbove Ground Tank(s) Involved
B-54-2018Jan 23, 2018SEARSPORTEDWARD ELLIS 16 CENTER...Oil IncidentAbove Ground Tank(s) Involved
B-104-2018Feb 20, 2018SEARSPORTSPRAGUE TERMINAL MACKS...Hazardous Material IncidentNone
B-132-2018Mar 7, 2018SEARSPORTGRIMMEL INDUSTRIES 70 ...Oil IncidentNone
B-519-2018Aug 16, 2018SEARSPORTWAYNE GARDINER 86 TURN...Oil IncidentAbove Ground Tank(s) Involved
B-530-2018Aug 21, 2018SEARSPORTDANA HARRIS 54 BOWEN R...Oil IncidentAbove Ground Tank(s) Involved
B-557-2018Aug 28, 2018SEARSPORTCOLBY 70 MT. EPHRAIM R...Oil IncidentNone
B-729-2018Nov 24, 2018SEARSPORTSPRAGUE ENERGY CORPORA...Hazardous Material IncidentAbove Ground Tank(s) Involved
B-112-2020Mar 18, 2020SEARSPORTGAC CHEMICAL CORP. 34 ...Oil IncidentNone

Oct 26, 2023

GAC Chemical's toxic waste health threat - Getting the agencies to act on it

No action taken after DEP inspection of chemical company shoreline confirms waste concerns of Friends of Penobscot Bay.

SEARSPORT. Wastes from mid 20th century fertilizer, alum and acid manufacturing operations  on the shore of Stockton Harbor's Kidder Point are entering intertidal flats from eroding bluffs, crumbling wooden containment cribs and uncontrolled stormwater runoff, according to a recent site visit report by Maine Department of Environmental Protection.
But the agency has opted not to act, even declining to gather samples. 

The October 18th sitevisit followed a complaint by environmental watchdog group Friends of Penobscot Bay identifying multiple waste issues at the location. The group praised the report, released earlier this month and is urging the agency to act on its findings.

"Maine DEP has found a whole bandolier of smoking guns along that shore," said Ron Huber, executive director of the organization, which represents a number of lobstering, clamming, wormdigging and aquaculture interests that support clean water and healthy habitat in Penobscot Bay.  

The DEP report consists of a two page letter by solid waste expert Karen Knuuti and a 38 page powerpoint document by Wilkes Harper of the agency's Division of Remediation. They describe the October 18th visit to the GAC Chemical shoreline by the two DEP officials, their regional director Susanne Miller and GAC Chemical's environmental consultant John Pond.

The report found:
* Uncontrolled surface water runoff  Agency photo
* Shoreline encroachment via landfilling. Agency photo
* Slumping & erosion of the filled shoreline, releasing waste materials onto the beach and into water.Agency photo
* Discolored upland, beach and intertidal sediments in colors of gray, red, yellow, orange, white. Agency photo
* Wooden cribwork installed in the mid 20th century, rotting and releasing the materials piled behind them. Agency photo
* Skimpy vegetation upland atop some of the filled areas Agency photo
* Sulfur chunks  & other debris dotting the shoreline and eroding from the dumped wastes Agency photo

The Friends of Penobscot Bay says its review of state & federal records, area media archives, and comparison aerial photos  of the site from 1940  & 20111, suggests that thousands of tons of wastes left from production of alum and superphosphate fertilizer were dumped along the shore of Kidder Point between 1940 and 1970. 

One of the wastes the group believes is eroding from the shore is the fertilizer byproduct "phosphogypsum".  The federal government  requires strict maintenance of phosphogypsum dumps(called "stacks") to reduce radon leakage and prevent the spread of the fine grained waste as dust in the wind.   Maine has no laws or rules  to manage this chemical. Sulfuric acid wastes and bauxite mud are also known to have been dumped or spilled on that shore. 

"It's time for DEP to follow up with a Phase II site review. Huber said."Let's find out just what's been dumped along that shore since the start of the 20th century.  Then GAC Chemical can set up appropriate erosion controls to seal those wastes off from ever reaching the bay again."   

Huber said that a DEP ecologist examined the area in 1998  and found that at least an acre of intertidal flats had mud discolored by the wastes. 

"Erosion of wastes into coastal wetlands is tightly regulated under state erosion control and waste management laws" the group told DEP in its November 18th letter.  "In particular 38 MRSA 420-C ["Erosion and Sedimentation Control"requires effective control of erosion and sediment arising from a human activity before July 1, 1997 involving filling, displacing or exposing soil or other earthen materials.

Huber also said that while the present owners of the property have been exemplary in keeping their present-day chemical operations in compliance,  "GAC Chemical needs to apply that spirit to mending their shore." he said.  "DEP can help them get moving on it."

End

Penobscot Bay knowledge gaps that want filling

What knowledge gaps do we have of Penobscot Bay's seasonal ecology, climate and hydrology? .

Gaps in understanding of the seasonal ecology, climate, and hydrology of Penobscot Bay include:

  • 1. Detailed knowledge of the seasonal migration patterns, spawning times, nursery habitat use, etc. for the full range of fish and other marine species that utilize the bay. I lack specifics on what times of year different life stages rely on certain habitat areas
  • 2. Specific information on how temperature, precipitation, runoff, oceanographic currents, and other climatic and hydrologic factors vary seasonally in the bay. I lack a detailed understanding of the seasonal fluctuations.
  • 3 Knowledge of how climate change is impacting seasonal patterns in the bay over long time periods. For example, how are warming waters, sea level rise, or changes in precipitation impacting fish migrations and spawning compared to historical baselines?
  • 4 Specific details on the volume, timing, quality, and variability of freshwater inputs from the Penobscot River watershed into the bay seasonally and annually. How do differences in rain/snowfall affect river flows?
  • 5 Quantitative data on seasonal and spatial variations in parameters like salinity, oxygen levels, and nutrient concentrations across the bay. How do they fluctuate with seasonal runoff and mixing?
  • 6 Information on seasonal cycles of primary productivity and food web dynamics in the bay. When are plankton blooms, fish spawning, etc. occurring and how might this be changing?
  • goog_6495544437 Details on water circulation and stratification patterns in the bay during different seasons and hydrologic conditions. How do currents and mixing vary?

Maine BEP - annual reports to legislature, 2001 - 2022 PDFs

 Twentyone years of reports to the Maine Legislature  by Maine Board of Environmental Protection


2022

https://www.maine.gov/dep/bep/legislative-reports/2022%20BEP%20Legislative%20Report.pdf


2021

https://www.maine.gov/dep/bep/legislative-reports/2021%20BEP%20Legislative%20Report.pdf



2020

https://www.maine.gov/dep/bep/legislative-reports/2020%20BEP%20Legislative%20Report.pdf


2019

https://www.maine.gov/dep/bep/legislative-reports/2019%20BEP%20Legislative%20Report.pdf


Jan 2018

https://www.maine.gov/dep/bep/legislative-reports/2018%20BEP%20Legislative%20Report.pdf


Jan 2017

https://www.maine.gov/dep/bep/legislative-reports/2016%20BEP%20Legislative%20Report.pdf


2016

https://www.maine.gov/dep/bep/legislative-reports/2016%20BEP%20Legislative%20Report.pdf


2015

https://www.maine.gov/dep/bep/legislative-reports/2015%20BEP%20Legislative%20Report.pdf


2014

https://www.maine.gov/dep/bep/legislative-reports/2014%20BEP%20Legislative%20Report.pdf


2013

https://www.maine.gov/dep/bep/legislative-reports/BEP%20Report%20to%20Leg%20for%202013.pdf


2011

https://web.archive.org/web/20150923140137/http://www.maine.gov/dep/bep/legislative-reports/2011%20Legislative%20Report%20-%20summary%20of%20activities%20(01-13-12).pdf



2012

https://www.maine.gov/dep/bep/legislative-reports/2012%20BEP%20Legislative%20report.pdf



2010

https://web.archive.org/web/20150923140037/http://www.maine.gov/dep/bep/legislative-reports/2010%20Summary%20of%20Activities.pdf


2009 

https://web.archive.org/web/20150910070900/http://www.maine.gov/dep/bep/legislative-reports/Gov%20Evaluation%20Report.pdf



2008

https://lldc.mainelegislature.org/Open/Rpts/td171_3_m2m3_2008.pdf



2007

https://lldc.mainelegislature.org/Open/Rpts/td171_3_m2m3_2007.pdf


2006

https://lldc.mainelegislature.org/Open/Rpts/td171_3_m2m3_2006.pdf


2005

https://lldc.mainelegislature.org/Open/Rpts/td171_3_m2m3_2005.pdf


 2004

https://lldc.mainelegislature.org/Open/Rpts/td171_3_m2m3_2004.pdf


2003

https://lldc.mainelegislature.org/Open/Rpts/td171_3_m2m3_2003.pdf


2002

https://lldc.mainelegislature.org/Open/Rpts/td171_3_m2m3_2002.pdf


2001

https://lldc.mainelegislature.org/Open/Rpts/td171_3_m2m3_2001.pdf



Reducing corruption in Maine Enviro agencies through equilibrium models











Oct 20, 2023

BEP abandons its mandate AGAIN re Nordic aquafarms

 Audio  mp3 recordings from BEP 10/19/23 Nordic  meeting  (More to come!)

Maine Board of Environmental Protection reviewed the directive given them  by the Maine Supreme Judicial Court, defies clear intent of the court. 

1.  INTRO 2MIN 44SEC

2   BEP EXEC ANALYST HINKEL 7MIN

. KIM TUCKER MLU  (Chair prefaces)  24MIN 

4.  UPSTREAM WATCH 21 MIN 35 SEC

4b. U/W BEP EXCHANGE 2MIN 41SEC   Shows what's wrong with BEP

5   NORTHPORT REP  10MIN 21SEC

6. NORTHPORT REP  Q&A  6MIN 20SEC

7. ASST AG QA 8MIN 23SEC   Shows what's wrong with Asst AG office

8 .  ASST AG QA2 7MIN  

9.  KEVIN MARTIN DEP 16 MIN

14/ Closing remarks, VOTE.  2MIN 39SEC 














Reducing corruption in Maine environmental agencies through equilibrium models

QUESTION Consider the actions of the Maine Department of Environmental Protection and its Board of Environmental Protection  in light of the critique of the agency presented as  a 2022 talk by enviro atty David Lossee. Then evaluate how corruption equilibrium models, 19pg pdf, can help suggest ways to reduce harmful corruption in Maine's environmental decisionmaking. Explore alternatives

RESPONSE

Based on the critique of Maine's DEP by attorney David Lossee (8pg pdf), it seems there are some concerning practices happening at the agency that enable corruption or questionable permitting decisions. Specifically, Lossee highlights "permit deferral" where applicants are allowed to get permits without fully meeting all requirements, and "issue avoidance" where major issues are left out of the public permitting process.

The corruption equilibrium models described in the other PDF provide some insights into how this type of corruption could arise and persist, as well as potential solutions. A few key takeaways:

  • Corruption often happens through feedback loops and can reach stable high or low equilibrium states. Once in a high corruption equilibrium, it is hard to change without a large exogenous shock. This seems consistent with Lossee's depiction of long-standing problematic practices at DEP.
  • The political leader often sets the tone - if they are corrupt, it spreads through the bureaucracy. Cleaning up the bureaucracy may have limited impact if the top leadership is corrupt. This suggests reform may need to start from the top at DEP.
  • Reducing direct benefits to leaders from corruption and increasing accountability/costs for presiding over a corrupt bureaucracy can help reduce corruption incentives. This points to potential legislative or public pressure solutions focused on DEP leadership.
  • Giving the public an independent right to legally challenge permits, as in Connecticut, could provide oversight and balance DEP's permitting power, as Lossee suggests.

Overall, the insights from corruption models reinforce the need for systemic reforms at DEP that involve leadership changes, transparency, public accountability measures, and independent citizen oversight. A piecemeal approach focused just on bureaucratic processes is unlikely to be sufficient to uproot corruption if the top leadership's incentives remain unchanged. A coordinated anti-corruption strategy is needed


QUESTION

A second speaker at the 2022 Upstream Watch event was atty Charley Bering, also retained by NGO Upstream Watch. Bering deepens the detail of Maine BEP's failings structural and politica 9pg pdf. Combine and view through the corruption equilibrium predictive modelling - and other analyses as appropriate.


RESPONSE
Based on attorney Charley Bering's critique, there seem to be additional systematic issues with Maine's DEP and Board of Environmental Protection that enable questionable permitting decisions:
  • BEP is not properly applying technology-based effluent standards required by the Clean Water Act. They did not analyze or require best available technology for nitrogen removal at Nordic's proposed facility.
  • BEP set a water quality-based nitrogen discharge limit without evidence that Nordic could meet it. This violates the intent of the CWA to prevent pollution and degradation.
  • BEP is not responding to significant public comments as required, such as on available zero-discharge aquaculture technologies. This limits public participation and rigorous review.
  • The Nordic permit could set a bad precedent for multiple upcoming aquaculture permit decisions if not properly re-evaluated.

Looking at this through the lens of corruption models, it suggests corruption mechanisms may be at play:

  • Leadership at the top of DEP/BEP sets the tone - if they are lax on pollution standards, it spreads downward. Reforming lower levels may have limited impact.
  • Economic incentives, lobbying, or revolving door capture could sway DEP/BEP leadership against strict pollution control. Their incentives may not align with the public interest.
  • Lack of transparency and public accountability enables these practices to persist over time. BEP can ignore comments without consequence.

Potential reforms echo Lossee's suggestions:

  • Changes in leadership and governance of DEP/BEP to increase commitment to statutory mandates and public interest
  • Increased public oversight powers, like legal standing to challenge permits that violate CWA standards
  • Transparency measures like required response to comments and compliance schedules

A multifaceted anti-corruption approach focused on leaders' incentives and accountability is needed to shift Maine's equilibrium away from regulatory capture and toward its stated environmental goals. Technical fixes without addressing the oversight ecosystem and incentives will likely fall short.


QUESTION

Attached is  "Before and After the Clean Water Act" 15 pg pdf  another more formal review of the history of Maine environmental protection For your reference,  in July 1972,  Maine BEP superceded the Maine Environment Improvement Commission (aka MEIC or just EIC) EIC also had precedessors, stretching back to the 1940s. 


Our goal is to combine what is in this attached document and apply it to the preceding entries on our topic. Can we determine if corruption is too ingrained, too built into the management and leadership structures that Maine DEP and the Maine Board of Environmental Protection now operate under, for reform to be realistic? Could a return to the EIC's decisionmaking structure, and a depoliticized BEP interface with the agency's long accrued experts, but with bureau heads now much more accountable to the public and less vulnerable via openness to political pressure work as a simple and clean reform , when you combine our Reducing Corruption exchanges with your analyses of the data sources I've supplied as pdfs supplied as references.


RESPONSE


Based on the history outlined in the Maine Policy Review article, there are a few key takeaways regarding corruption and potential reforms for Maine's environmental protection agencies:

  • Maine had early leadership in developing a water classification system in the 1940s-1950s, ahead of federal regulations. However, there was initially more focus on describing current conditions than setting aspirational goals for improvement.
  • The political influence of industries often diluted the strength of regulations and enforcement in the first decades of Maine's agencies. This suggests regulatory capture was an issue early on.
  • Passage of the federal Clean Water Act in 1972 drove major advances by requiring technology-based treatment standards and providing funding. This top-down pressure overcame some industry influence.
  • Reforms in the 1980s, such as the DEP replacing the EIC, a cabinet-level environmental agency, stronger classification system, and public participation processes helped reduce corruption vulnerabilities.
  • However, attorney critiques suggest regulatory capture and leadership tone issues may have resurfaced in recent years at DEP/BEP.

Potential reforms could include:

  • Increased public transparency and accountability measures for DEP/BEP leadership decisions.
  • Reduced industry/lobbying influence on environmental policymakers.
  • Strengthened roles for independent scientific advisory boards and public participation.
  • Shifting permitting review from BEP to independent administrative law judges.
  • Expanded public interest legal advocacy and enforcement capacity.
  • Returning to aspirational goal-setting for waters classifications statewide could inspire publicmobilization.

Overall, it seems a return to the reform spirit of the 1980s with emphasis on transparency, public involvement, reduced industry capture, and goal-oriented leadership could help steer Maine environmental agencies away from current corruption equilibrium patterns. However, securing leadership committed to this shift is key, as is codifying changes in law.


QUESTION

An important example of the present issues facing the public interest and DEP/BEP is the Nordic case before the Maine BEP October 19th. The attached October 16 2023 article describes another conservation organization involved in the appeal of the Nordic project: the Maine Lobstering Union and their attorney Kim Ervin-Tucker


RESPONSE

The article raises several concerning issues about the upcoming Nordic case before the Maine Board of Environmental Protection:

  • BEP staff have selectively redacted new evidence submitted by opponents from board members' briefing packets, while including Nordic's full brief. This suggests bias and suppression of relevant information.
  • There are alleged conflicts of interest with board member Steven Pelletier, who promoted Nordic in a previous role. A motion has been filed for his recusal.
  • The board packets excluded evidence like court rulings questioning Nordic's land rights for the project, which opponents argue should inform BEP's permit review.
  • There are indications of behind-the-scenes coordination between Nordic, the Governor's office, and BEP leadership to push the project through.

This provides a case study of how regulatory corruption can manifest:

  • Industry capture of regulators through conflicts of interest, lobbying access, or revolving door appointments
  • Suppression of inconvenient information and narratives
  • Lack of impartiality, bias, or prejudice among decision makers
  • Failure to exercise due diligence in considering all evidence

Potential reforms echo earlier suggestions:

  • Increased transparency and public accountability in decision processes
  • Rules to limit industry lobbying access and require recusals when conflicts exist
  • Empowered public advocacy and external oversight capacity
  • Structural changes to reduce political control over regulatory appointments

The selective information sharing and apparent bias in this case exemplifies the need for greater impartiality, transparency, and public balancing power in Maine's environmental permitting. Without structural reforms, current corruption patterns may persist.



End