Dragon Deathwatch: The Year in FOAAs

Many more to come friends but  read  here about:                                                                              MDEP & Dragon on rerouting Quarry 5's wastewater.

* 3/1/23   DEP on Dragon  Quarry 5  Wastewater Reroute plan. 

* 6/23/23 Dragon Reply to DEP 3/1/23 DEP letter re Q5

* 11/8/23 Dragon Supplemental Reply to DEP letter re Q5 

Dragon blasting Thomaston  2014 

Conserve less foundation

Meanwhile  our ridiculous eco-turncoat chums at CLF.02 are trying to rationalize wrecking the island that  they spent decades and immense amounts of money successfully fending off a slate of greedy governors.

Now?  They be like: .Sure, Sears Island is the estuarine center point of the entire Maine coast. It's where upper bay and lower river commingle. Where downeast and midcoast waters  wash their respective sides of this  single island. And where their respective - and actually biologically slightly different- wildlife, fishes shellfishes and fowl share lodging.   

Yes, Sears Island and the estuary it anchors are not replaceable.  That 's why the CLF spent decades fending off  would be developers form the island

But Investors are having a Big Sad over having to clean up an existing port site to drag Maine offshore wind turbines offshore.  

What's to be done?  Easy queasy:   CLF 2.0 cries "Climate Change!" Sudden silence. Then "Sacrifice! We must sacrifice everything we love, to defeat this menace. We  ARE the people. [It says so - in our promo material!] "

Their new owners grin... 

King has been a waste of space as US Senator. He should have been jailed when, as Maine governor, he violated the law and pressured US EPA into firing their their staffers for defending natural Sears Island.   We got that overturned. EPA's Region 1 chief  took the fall for Angus and was hired by former environmental group Conservation Law Foundation  as consolation.   CLF is now a wholly owned subsidiary of Big Money, tamely calling for the ravaging  of Sears Island  - after vigorously defending it for decades!   

Captain Sammon

 

So we need to prove that it was indeed shipped from  Bone Valley  south of Orlando,  sent from there by rail almost entirely via a now - vanished  port on in Boca Grande on florida's SW coast.  

A 1981 edition of the Boca Beacon has a romantic sea tale in it featuring "Captain Sammon, Master of the S/S Millinocket, which was calling at Boca Grande about every two weeks, transporting phosphate to Searsport, Maine, New York and other east coast ports" 

Wikipedia: "Processed phosphate from the Bone Valley region was loaded onto waiting ocean-going cargo vessels via the Seaboard Air Line Railroad at the dock located on the southern tip of the island."

BEP lawsued downthe years

https://law.justia.com/cases/maine/superior-court/2005/hanap-04-08.html

https://casetext.com/case/watts-v-maine-board-of-environmental-protection

https://files.mainelaw.maine.edu/library/SuperiorCourt/decisions/CUMap-13-01.pdf

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Recent Environmental Cases

Maine Supreme Judicial Court

Windham Land Trust v. Jeffords, 2009 ME 29

Affirming State’s right to intervene under 33 M.R.S. § 478(1)(D) (2008) in conservation easement enforcement action, and barring commercial use of parcel limited to “residential recreational purposes” under terms of easement

http://www.courts.state.me.us/court_info/opinions/2009%20documents/09me29wi.pdf

Britton v. Maine Department of Conservation, 2009 ME 60

Upholding dismissal of Rule 80C appeal for untimeliness, and holding that submerged land lease granted by State to one party under Submerged and Intertidal Lands Act (SILA), 12 M.R.S. § 1862 (2008) had no legal effect on remaining property dispute between the private parties.

http://www.courts.state.me.us/court_info/opinions/2009%20documents/09me60Abr.pdf

Uliano v. Maine Board of Environmental Protection, 2009 ME 89

Upholding decision of Board of Environmental Protection denying Ulianos’ application for a permit to construct a pier under the Natural Resources Protection Act, 38 M.R.S. §§ 480-A to 480-GG (2008), and the DEP’s Wetland Protection Rules.

http://www.courts.state.me.us/court_info/opinions/2009%20documents/09me89ul.pdf

State v. McLaughlin 2009 ME 90

Upholding criminal conviction including jail time, and payment of penalties and clean-up costs for violation of Maine’s special waste disposal laws.

http://www.courts.state.me.us/court_info/opinions/2009%20documents/09me90mc.pdf

State of Maine v. Haskell, 2008 ME 82

Title 12 M.R.S. § 13071-A(4)(A) (2007) prohibiting operation of personalized watercraft on certain bodies of water has a rational basis and thus does not violate Constitutional due process.

http://www.courts.state.me.us/court_info/opinions/2008%20documents/08me82ha.pdf

Nelson et al v. Bayroot LLC and Maine Land Use Regulation Commission, 2008 ME 91

Upholding Land Use Regulation Commission’s approval of Bayroot LLC’s relocation of lots and application to amend subdivision plan.

http://www.courts.state.me.us/court_info/opinions/2008%20documents/08me91ne.pdf

Najemy v. Board of Environmental Protection, 2008 ME 109

Upholding Board of Environmental Protection decision that development project was neither a subdivision nor a structure under 38 M.R.S. § 482(2)(A)-(F), and thus did not require a Site Location of Development permit.

http://www.courts.state.me.us/court_info/opinions/2008%20documents/08me109na.pdf

Friedman et al. v. Board of Environmental Protection, 2008 ME 156

Holding that Board of Environmental Protection had nonreviewable, sole, statutory discretion to decline to act on appellants’ petitions to modify water quality certifications issued by the Department of Environmental Protection to owners of hydropower projects on various Maine rivers.

http://www.courts.state.me.us/court_info/opinions/2008%20documents/08me156fr.pdf

FPL Energy Maine Hydro LLC v. Department of Environmental Protection, 2007 ME 97

Affirming Board of Environmental Protection’s denial of water quality certification for Flagstaff Lake Project, owned and operated by FPL.

http://www.courts.state.me.us/court_info/opinions/2007_documents/07me97fp.pdf

Save Our Sebasticook, Inc. v. Board of Environmental Protection, 2007 ME 102

Affirming the Board of Environmental Protection’s grant of a permit to FPL Energy Maine Hydro LLC for partial removal of the Fort Halifax dam pursuant to the Maine Waterway Development and Conservation Act (MWDCA), 38 M.R.S. §§ 630-637 (2006), and issuance of a water quality certification in connection with the proposed dam removal pursuant to 38 M.R.S. §§ 464(4)(F), 636(8) (2006).

http://www.courts.state.me.us/court_info/opinions/2007_documents/07me102sa.pdf

Citizens Communication Co. v. Attorney General/Societe Colas SA v. Attorney General and DEP, 2007 ME 114

Holding that draft settlement documents exchanged in environmental clean-up litigation among certain adverse parties including the Department of Environmental Protection were public documents and must be disclosed under the Maine Freedom of Access Act.

http://www.courts.state.me.us/court_info/opinions/2007_documents/07me114ci.pdf

Hannum v. Board of Environmental Protection, 2006 ME 51

Affirming Board of Environmental Protection’s denial of Hannum’s application for a permit to install a pier, ramp, and float in a coastal wetland on the shore of property located in Long Cove, Mount Desert Island.

http://www.courts.state.me.us/court_info/opinions/2006_documents%20/06me51ha.pdf

Welch v. State of Maine, 2006 ME 121

Holding that where lakefront property had historic access across Rangley Lake, Welch failed to establish right to a road, an easement by necessity, through the surrounding State Park.

http://www.courts.state.me.us/court_info/opinions/2006_documents%20/06me121we.pdf

Kroeger v. Department of Environmental Protection, 2005 ME 50

Affirming the Department of Environmental Protection’s denial of Kroeger’s application for a permit to build a dock on the grounds that the proposed dock would unreasonably interfere with existing scenic uses contrary to the requirements of the Natural Resources Protection Act, 38 M.R.S.A. §§ 480-A to –Z (2001 & Supp. 2004), on the grounds that the dock would unreasonably interfere with existing scenic uses.

http://www.courts.state.me.us/court_info/opinions/2005_documents/05me50kr.htm

U.S. Supreme Court

Massachusetts et al. v. EPA, 549 U.S. 497 (2007)

Reversing EPA determination that agency lacked authority under Clean Air Act to regulate emissions of greenhouse gases.

http://www.law.cornell.edu/supct/html/05-1120.ZO.html

S.D. Warren Company v. Board of Environmental Protection, 547 U.S. 370 (2006)

Reaffirming states’ regulatory authority over hydropower dams including authority to insure fish passage via fishways, to set minimum flow releases to prevent river beds from drying up, to limit changes to pond levels to protect aquatic habitat, and to allow construction of boat access ramps to ensure public recreation.

http://www.law.cornell.edu/supct/html/04-1527.ZO.html

Federal Courts of Appeal

FPL Energy Maine Hydro LLC v. FERC and State of Maine, 551 F.3d 58 (1st Cir. 2008)

Res judicata bars federal relitigation of Clean Water Act arguments made in state court.

http://www.ca1.uscourts.gov/pdf.opinions/05-1871P-01A.pdf

Fitzgerald v. Harris, 549 F.3d 46 (1st Cir. 2008)

Affirming no Federal preemption of Maine conservation land use regulation pertaining to the Maine Allagash Wilderness Waterway Act.

http://www.med.uscourts.gov/opinions/kravchuk/2007/mjk_08202007_1-07cv16_fitzgerald_v_harris_affirmed_02112008.pdf

State of Maine v. Stephen Johnson, Administrator, U.S. EPA, 498 F.3d 37 (1st Cir. 2007)

Vacating EPA decision granting Maine partial delegation of Clean Water Act permitting program and confirming Maine’s environmental regulatory authority applies statewide, including to Indian reservations and territory.

http://www.ca1.uscourts.gov/pdf.opinions/04-1363-01A.pdf

Federal District Court

Animal Welfare Institute v. Martin, Doc. No. CV-08-267-B-W (D.Me. Nov. 26, 2008) (Order on Preliminary Injunction)

Court denied animal welfare group’s motion for preliminary injunction to enjoin trapping which allegedly led to incidental takes of lynx protected under Endangered Species Act, except to require Inland Fisheries and Wildlife to clarify one portion of its trapping regulations.

http://www.med.uscourts.gov/opinions/woodcock/2008/jaw_11262008_1-08cv267_awi_v_martin.pdf

Federal Agency Decision

Maine DEP Requirements on Transportation of Cathode Ray Tubes (Pipeline and Hazardous Materials Safety Administration), Federal DOT Notice of Administrative Determination of Preemption, Doc. No. PHMSA-2007-28444(PDA-32(R)) (September 2, 2009)

Upholding the Maine DEP’s regulations on classifications of, and marking, labeling, shipping documentation, and transporter requirements for, used cathode ray tubes (“CRT’s”) as universal waste, and broken CRT’s and glass removed from CRT’s as a State hazardous waste, against a Federal preemption challenge by the Electronics Industries Alliance.

http://frwebgate1.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdocID=25851140495+2+1+0&WAISaction=retrieve

BEP annual actions 1972 - 2002

On July 1, 1972, the Maine Commission was re-designated as the Board of Environmental Protection. The Board was created by legislation that also established the Department of Environmental Protection. The Department included a commissioner and three program bureaus: 

• Air Quality
• Land Quality Control
• Water Quality Control

The Board of Environmental Protection's address was: 

• State House  Augusta, Maine 04330
• Telephone: 207-289-2591

The Board's members included: 

• Director: William R. Adams
• Chief: Frederick C. Pitman II

======================

1973

in 1973, the Board of Environmental Protection (BEP) and the Land Use Regulation Commission adopted guidelines for municipal shoreland zoning. The BEP also:

• Instituted an action in the Superior Court of York County: In July 1973, the BEP and the Attorney General of Maine filed a lawsuit in this court.
• Resumed hearings on an oil refinery application: The BEP resumed hearings on the Pittston Company's application for an oil refinery in Eastport.
• Conducted enforcement hearings: The BEP can conduct enforcement hearings at its discretion.

The BEP also adopted the "Maine Solid Waste Management Rules". These rules are in effect under the requirements of the Maine Administrative Procedure Act. 

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1976  The Maine Board of Environmental Protection (Board) did the following in 1976: 

Matter of Intern. Paper Company, Etc. :: 1976 - Justia Law

... Board of Environmental Protection ("Board") appropriate applications for approval of a major expansion of International's Androscoggin Mill in Jay, Maine, as well as the issuance, in relation thereto, of a "site" permit and "air emission" and "waste discharge" licenses. Shortly thereafter, the Board allowed one of ...

Justia Law

Sludge Disposal Alternatives - South Paris, Maine - epa nepis

The Board of Environmental Protection concurred that an EIS would be helpful, and urged that the study be conducted immediately in view of the long delays already experienced in choosing a disposal site and method. An initial public workshop was held on July 8, 1976, to discuss the objectives and scope of the study. In ...

epa nepis

MAINE STATE LEGISLATURE

promulgated by the Board of Environmental Protection. § 1312. Retroactive grant awards. The Board of Environmental Protection may pay an amount authorized by sections 1310 or 1311 for expenses incurred subsequent to January 31, 1976, by municipal or quasi-municipal entities for any project that would otherwise ...

MAINE STATE LEGISLATURE

• Sludge Disposal Alternatives

  The Board agreed that an EIS would be helpful and urged that the study be conducted immediately.
• International Paper Company

  The Board approved a major expansion of International's Androscoggin Mill in Jay, Maine. The Board also issued a "site" permit and "air emission" and "waste discharge" licenses.

The Board may also pay an amount authorized by sections 1310 or 1311 for expenses incurred subsequent to January 31, 1976. 

The Board has also simplified the permit process for certain projects in Great Ponds areas. These projects must have no significant impact on the Great Pond and must meet certain standards. 

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1977 

In 1977, the Maine State Legislature passed PL 1977, c. 596, which outlined the duties of the Board of Environmental Protection. The board's duties included: 

• Prescribing the functions of bureaus and other administrative units
• Ensuring that the board's powers and duties are administered efficiently

The board consists of 10 members appointed by the Governor. The appointments are subject to review by the joint standing committee of the Legislature and confirmation by the Legislature. 

In 1977, the Supreme Judicial Court of Maine instructed the Board of Environmental Protection to reconsider an application and make specific findings of fact and conclusions of law. 

The Maine Department of Environmental Protection (DEP) is responsible for protecting and restoring Maine's natural resources and enforcing the state's environmental laws. 

In 1977, the Maine Board of Environmental Protection took the following actions: 

• Amended WDL #663: Based on effluent monitoring data, the board reduced the required minimum monitoring frequency for settleable solids to once per year.
• Amended WDL #659: Based on effluent monitoring data, the board made an amendment to this WDL.
• Adopted a policy on new seawalls: This policy was adopted in May 1978.

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1978  In 1978, the Board of Environmental Protection issued a five-year permit to the DIFW for the discharge of hatchery wastewater. The permit allowed for a daily maximum of 3.0 MGD of wastewater to be discharged from the DIFW New Gloucester Fish Rearing Station Rearing Pools to Eddy Brook. 

The Board of Environmental Protection also simplified the permit process for certain projects in Great Ponds areas. These projects must meet certain standards and have no significant impact on the Great Pond. 

The Board of Environmental Protection's duties include: 

• Prescribing the functions of the bureaus and other administrative units
• Ensuring that the board's powers and duties are administered

This is not legal advice. You may want to consult a lawyer about this question.

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1979

In 1979, the Maine Legislature passed the Maine Hazardous Waste, Septage and Solid Waste Management Act. This act required the Maine Department of Environmental Protection to create regulations for the safe transportation and management of hazardous waste. 

The Board of Environmental Protection reviews and signs documents, followed by the Attorney General's office. The Board has also granted environmental permits to the Town of Old Orchard Beach to upgrade their sewerage treatment system. 

The Maine Department of Environmental Protection (DEP) is responsible for enforcing environmental laws and protecting and restoring Maine's natural resources. The DEP can trace its roots back to the Sanitary Water Board, which was created in 1941. 

This is not legal advice. You may want to consult a lawyer about this question

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1980

he BEP issued Chapter 855, which established the procedures and requirements for issuing interim licenses for hazardous waste facilities. This rule applied to facilities that existed on April 1, 1980, or on the date they first became subject to regulation

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In 1981, the Maine State Legislature passed two acts that authorized the Board of Environmental Protection (BEP) to: 

MAINE STATE LEGISLATURE

The Board of Environmental Protection is authorized to pay an amount not in excess of 50% of the total eligible expenses incurred by a municipality or quasi- municipal entity for feasibility and design evaluation. Sec. 2. Authorization of bond issue to assist municipalities with solid waste.

MAINE STATE LEGISLATURE

MAINE STATE LEGISLATURE

1981. CHAPTER 356. H. P. 995 - L. D. 1183. AN ACT to Allow the Board of Environmental Protection to Authorize and Pay for. Oil Spill Damage Studies. Be it enacted by_ the People of the State of Maine, as follows: Sec. 1. 38 MRSA § 551, sub-§ 5, ~ H is enacted to read: H. Sums, up to $50,000 each year ...

MAINE STATE LEGISLATURE

• Chapter 356: Authorize and pay for oil spill damage studies
• Chapter 528: Pay up to 50% of eligible expenses for feasibility and design evaluation
• In 1981, the Supreme Judicial Court of Maine also heard a case involving the BEP: 

  • Board of Environmental Protection v. Bergeron: Argued January 19, 1981 and decided August 18, 1981

  This is not legal advice. You may want to consult a lawyer about this question.
  MAINE STATE LEGISLATURE

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1982 

In 1982, the Board of Environmental Protection received applications for: 

• 37 residential
• 20 industrial
• 2 mining
• 56 solid waste
• 16 retail facilities

me coastal program 1983 https://www.govinfo.gov/content/pkg/CZIC-ht393-m2-m35-jan-nov-1983/html/CZIC-ht393-m2-m35-jan-nov-1983.htm

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1985

Here are some cases involving the Maine Board of Environmental Protection from 1985: 

• Annable v. Bd. of Environmental Protection

  This case began on July 23, 1985, when the plaintiff asked the Superior Court for a determination that his property was "grandfathered".
• Hall v. Bd. of Environmental Protection

  This case was published on September 4, 1985, in the Supreme Judicial Court of Maine. The full title of the case is *Donald E. HALL et ux. v. BOARD OF ENVIRONMENTAL PROTECTION*.

This is not legal advice. You may want to consult a lawyer about this questio

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1987

he case Hall v. Board of Environmental Protection was heard by the Supreme Judicial Court of Maine on July 14, 1987. The case number is 528 A.2d 453 (Me. 1987). 

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1988

he Maine Board of Environmental Protection (MBEP) was involved in the following cases in 1988: 

• State of Me. v. Department of Navy

  The MBEP and the State of Maine filed a lawsuit against the Department of Defense and the Department of the Navy. The lawsuit was filed in York County Superior.
• Department of Ecology v. Public Utility District No. 1

  The Maine Supreme Court rejected the argument that the MBEP exceeded its authority.

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1989

e case *D & J Assocs. v. Bd. of Env't Prot.* was heard in the Supreme Judicial Court of Maine on June 5, 1989. The case number is 560 A.2d 4 (Me. 1989). The casetext can be found on Casetext. \

Here are some 1989 cases involving the Maine Board of Environmental Protection: 

Rubin v. Board of Env. Protection, 577 A.2d 1189 - Casetext

... (1989), which states in part: "In the event of a violation of any provision of the laws administered by the Department of Environmental Protection or of any order, regulation, license, permit, approval or decision of the Board of Environmental Protection . . ., the Attorney General may institute ...

Casetext

D J Associates v. Board of Environmental Protection - Casetext

Jun 5, 1989 — See D & J Assocs. v. Bd. of Env't Prot., 560 A.2d 4, 4 (Me. 1989) (holding that a complaint filed pursuant to… 1 Citing Cases. From Casetext: Smarter Legal Research. D J Associates v. Board of Environmental Protection. Supreme Judicial Court of Maine. Jun 5, 1989. 560 A.2d 4 (Me. 1989) Copy Citation. Download. PDF.

Casetext

• Rubin v. Board of Env. Protection

  This case states that the Attorney General may take action if there is a violation of any of the following:
• D J Associates v. Board of Environmental Protection

  This case was heard in the Supreme Judicial Court of Maine on June 5, 1989.

In 1989, Maine banned new commercial solid waste landfills. The state also authorized the licensing and siting of new solid waste landfills. New privately owned and municipal landfills were permitted, but with certain waste delivery restrictions. 

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1990

https://www.elr.info/sites/default/files/litigation/21.20042.htm

• International Paper v. Bd. of Env. Protection

  In 1990, the Board of Environmental Protection refused to certify International Paper's sludge/bark dryer as a "water pollution control facility" for tax exemption purposes.

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• 1990-1991
• In 1990–1991, the Maine Board of Environmental Protection (BEP) was required to only license landfills that provided a "substantial public benefit". This was defined as a facility that would meet the capacity needs identified in § 1310-0. 

  The BEP also determined that the groundwater extraction and treatment system was effective. They also determined that withdrawing water from Fish Pond or Hobbs Pond would not draw contaminated groundwater from the Union Chemical Site into the ponds or into private wells in the area
• ============================================================
• • 1991-1992
  • In 1991, the state returned to Superior Court in Maine to seek $700,000 in penalties for the company's alleged failure to comply with environmental laws and regulations.
  • Groundwater extraction and treatment system

    The BEP determined that the system was effective and that withdrawing water from Fish Pond or Hobbs Pond would not draw contaminated groundwater into the ponds or into private wells.
  • S.D. Warren Co. v. Maine Board of Environmental Protection

    This case was argued on December 2, 1991 and decided on March 25, 1992. The case addressed whether hydroelectric dams result in "discharge" under the meaning of Section 401 of the federal Clean Water Act
• ============================================================

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1994

In 1994, the Maine Board of Environmental Protection (BEP) adopted a revised emergency episode regulation. The Governor's designee submitted the regulation to the EPA on October 22, 1991. 

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1995

 Dirty air, dirty water https://snakeroot.net/Julian/Notes.html

he Maine Board of Environmental Protection (BEP) received a memorandum of transmission and introduction of the 1995 15%-Rate-of-Progress Plan (RFG Plan) on July 13, 1995. The memorandum was signed by Donald L. Anderson of the Bureau of Air Quality Control

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1997

The Maine Board of Environmental Protection (BEP) adopted the following in 1997: 

• State Chapter 141

  This chapter became effective on September 28, 1996. It was certified by the Maine Office of the Attorney General.
• Maine's 15% plan

  This plan was adopted in July 1995.

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1998  Generative AI is experimental. Info quality may vary. Learn more

In 1998, the Maine Board of Environmental Protection (BEP) was considering a rule to reduce NOx emissions at Wyman. The rule would require Wyman to reduce emissions to the same level as power plants built since 1977. The BEP supported the rule in a preliminary vote with a 5-4 margin. 

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1999

In 1999, the Maine Board of Environmental Protection (BEP) approved Chapter 600 vessel operating regulations. The regulations cover the operation of oil terminal facilities and vessels that transport oil on state waterways. The vote was five to one, with one abstention. 

The BEP also approved the following: 

• Air Quality Implementation: Effective June 1, 2000
• Chapter 119 Amendment: Public notice dated December 4, 1999

======================================================

The BEP's policy on NPDES permits was used to set limits for the period between October 21, 2002 and November 20, 2002. 

Maine Pollutant Discharge Elimination System Permit and ...

The limits were based on Maine Board of Environmental Protection Policy regarding the certification of NPDES permits and were considered best practicable treatment limitations. This permitting action is expanding the range limit from 6.0 – 8.5 to 6.0 -9.0 standard units pursuant to a new Department rule found at ...

Environmental Protection Agency

STATE OF MAINE

from the Maine Board of Environmental Protection's (the "Board") decision denying their application for a permit pursuant to the National Resource Protection Act (the. "NRPA"). For the following reasons the Court affirms the Board's decision. Background. The Petitioners own waterfront property in Salsbury Cove on ...

files.mainelaw.maine.edu

Board of Environmental Protection: Member Bios - Maine.gov

Maine Board of Environmental Protection · Contact Us; | Sitemap. Search BEP. DEP → BEP → Member Bios. Meeting Materials · Board Members · Reports · Guidance Information · Major Topics. Menu. Meeting Materials · Board Members · Reports · Guidance Information · Major Topics. Member Biographies. Susan Lessard, Bucksport ...

Maine.gov

maine pollutant discharge elimination system permit - Environmental ...

The limits were based on Maine Board of Environmental Protection Policy regarding ... During the period October 21, 2002 and November 20, 2002, the Department ...

Environmental Protection Agency

The Maine Department of Environmen

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