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Showing posts with label Penobscot River. Show all posts
Showing posts with label Penobscot River. Show all posts

Dec 26, 2025

Esssq in Distress: 80 Years of Chemical Manufacturing Discharges into the heart of the Penobscot Bay Estuary

2025

Results from:  "Limited Assessment of Shoreline Erosion and Industrial Contamination at GAC Chemical Corporation, 34 Kidder Point Road, Searsport, ME August 1, 2025  (120 page downloadable.pdf)

A comprehensive summary based on data compiled by Ron Huber, Penobscot BayWatch with  fieldwork and analysis by Paul Bernacki, Jillian Howell and Ruby Treyball, aka "The Home Team"

Purpose: Synthesize historical documentation, citizen advocacy efforts, and a 2025 professional assessment of the extent of GAC Chemical Corporation's pollution of Stockton Harbor accompanied by the illegally built Sears Island causeway

Prepared by Paul Bernacki.  Funded by Ron Huber


EXECUTIVE OVERVIEW

This Report documents eight decades of industrial chemical manufacturing at Kidder Point, Searsport, Maine, and synthesizes its cumulative environmental impact on Stockton Harbor—a critical pocket estuary within the Penobscot River/Bay interface. 

Since the late 19th century, The site has operated continuously . It was  a steamboat landing,  beginning in the 1920s importation, then preparation of superphosphate fertilizers,  followed by alum, sulfuric acid, ammonia,  alum (45,000 tons/year capacity) and numerous other chemicals to order.

Key Finding: Industrial operations have created multiple contamination pathways into Stockton Harbor through:

  • Direct wastewater discharge pipelines
  • Atmospheric deposition (acid fog/mist)
  • Eroding shoreline fill containing industrial waste
  • Buried building materials (asbestos, lead, PCBs, tarpaper)
  • Bauxite tailings dumped on shore

Despite 26+ years of citizen documentation and advocacy, regulatory agencies have failed to comprehensively address ongoing pollution that threatens the brackish/saltwater interface critical to estuarine function.


I. SITE HISTORY & CORPORATE SUCCESSION (1925-2024)

Timeline of Ownership and Operations

1925-1944: Summers Fertilizer Company

  • 1925: Began import operations at Searsport with small storage facilities
  • 1929: Bulk storage plant operational
  • 1944: Built sulfuric acid and superphosphate plant (T.W. Cunningham, contractor)
  • 1946: Purchased crane-operated facility at Sandy Point in Stockton Springs (second site impacting the estuary)
  • 1950: Completed "European process sulfate of ammonia plant"—first of its type in USA.
    • French Kuhlmann Corporation technology
    • Belgian engineer from Zelsate assisted
    • Fred L. Litty, top chemical engineer, was general manager
    • Graver Construction Company (NYC/Chicago) built it
    • Featured world's first industrial-scale laminated wood arch Quonset hut (4-foot thick arched plywood beams)

1943-1966: Northern Chemical Industries (NCI)

  • Division of Summers Fertilizer, then independent
  • 1953: Added aluminum sulfate process
  • 1955: Built ammonia plant (joint venture with Chemetron Corp.)
    • 125 tons/day design capacity
    • 45,000 tons/year production capacity
    • Oil-fired Texaco process
    • Built by Girdler
  • 1956: Added ammonia nitrate plant and nitric acid plant
  • 1965: Operations documented in Grace Brothers Superfund case submission
    • Described "worn and aged" buildings
    • Equipment condition "bad to good"
    • "Quite dirty" facilities
    • Critical admission: "All salt water used is on a once-through basis, and returns to the bay in surface ditches"
  • 1966: W.R. Grace & Company leased facility
    • Ammonia production discontinued
    • Planned to import ammonia from Trinidad via Grace ships

1970-1994: Delta Chemical Inc.

  • 1970: W.R. Grace discontinued superphosphates, ammonium nitrate, nitric acid production
    • Delta Chemical succeeded Grace
  • 1974: Fernview Collision Incident—Major environmental evidence
    • Ship collided with BAR pier in acid fog on August 21, 1974
    • Delta's sulfuric acid plant 1.3 miles from pier
    • 98% acid recorder malfunction caused excessive SO3 emissions
    • SO3 + water = sulfuric acid mist/fog
    • Reduced visibility, caused respiratory distress in longshoremen
    • Court found Delta 35% liable
    • Corporate culture revealed in Delta log book doggerel (Nov. 15, 1974):

      "Gas leaks gas leaks everywhere / Promises to fix them float in the air / Time continues to pass us by / While the fumes still head for the sky / There is nothing there to West's eye / Production Production is Sawyer's cry / As you sit gasping in your chair / The 'Dollar Sign' is everywhere. / In the background OHSA [sic] lurks / Waiting to foul up the works."

  • 1970s: Began dumping bauxite tailings on shore
  • 1993: Manufacturing liquid alum, ammonium sulfate, sodium aluminate, polyacrylamide polymers
    • Receiving and reselling sulfuric acid in bulk

1994-Present: General Alum & Chemical / GAC Chemical Corporation

  • March 1994: General Alum & Chemical Corporation (founded 1979 by James A. Poure) purchased Delta's 152-acre facility
  • November 1999: Renamed GAC Chemical Corporation
  • May 2003: Toledo, Indianapolis, and Saukville plants sold; headquarters moved to Searsport
  • June 23, 2015: Converted to Employee Stock Ownership Plan (ESOP)
  • Current operations: Manufactures/distributes liquid alum, ammonium sulfate, sodium aluminate, aqua ammonia, liquid urea, polyvinyl alcohol, hollow sphere plastic pigments

Scale of Historical Operations

Ammonia Production (1955-1967):

  • 12 years of operation at 45,000 tons/year capacity
  • Approximately 540,000 tons total ammonia production
  • Required millions of gallons/day of seawater cooling
  • All cooling water returned to Stockton Harbor via surface ditches

Waste Generation Estimates:

  • Conservative (5% waste): 2,250 tons/year → 27,000 tons over 12 years
  • High estimate (15% waste): 6,750 tons/year → 81,000 tons over 12 years

Associated Chemical Production: Each with separate waste streams feeding into harbor:

  • Superphosphate fertilizer
  • Sulfuric acid (two plants: 60 T/D + 100 T/D capacity)
  • Ammonium sulfate
  • Alum (17,000 sq ft building)
  • Nitric acid
  • Ammonium nitrate
  • Various solutions

II. AERIAL PHOTO ANALYSIS: VISUAL EVIDENCE OF EXPANDING CONTAMINATION (1939-1990)

The aerial photo analysis tracking changes at the facility reveals progressive environmental degradation:

Key Observations by Time Period

1939-1965: Infrastructure Development

  • 1939: Vegetated site, minimal facilities
  • 1957: Ammonia plant present with carbon settling ponds, original lagoon south of alum plant
  • 1963: Plant expanded, multiple carbon settling ponds visible, dark sediments visible
  • 1965: Single lagoon SW of plant, "no discharges visible"

1966-1990: Bauxite Mud Accumulation Era

  • 1966: Second lagoon visible, bauxite mud visible in end of carbon pond 2
  • 1972: Bauxite mud discharges visible in all six carbon ponds
  • 1974: Area of bauxite mud deposits increasing
  • 1982: Area of bauxite mud deposits increasing (repeated observation)
  • 1985: Area of bauxite mud deposits increasing
  • 1990: Area of bauxite mud deposits increasing

Pattern: Consistent, progressive expansion of bauxite mud contamination from 1966-1990, correlating with alum production from bauxite ore using acid leaching process.


III. CONTAMINATION PATHWAYS INTO STOCKTON HARBOR

1. Direct Water Discharge (1944-1970s, potentially ongoing)

1965 Grace Brothers Document Evidence:

  • "All salt water used is on a once-through basis, and returns to the bay in surface ditches"
  • Salt water temperature: 30°F to 64°F (winter to summer)
  • Used for cooling: power plant, ammonia plant, nitric acid plant, ammonium nitrate plant
  • Three water systems: city water, closed circuit cooling, and salt water from bay

Discharge composition likely included:

  • Heated cooling water
  • Chromate inhibitors (from closed circuit system)
  • Process contamination from leaks/spills
  • Acidic runoff from manufacturing areas
  • Heavy metals from chemical processes

2. Atmospheric Deposition: The 1974 Acid Fog Incident

August 21, 1974 - Fernview Collision Case Evidence:

The Malfunction:

  • Delta Chemical's 98% sulfuric acid recorder failed
  • Plant continued operating despite knowing this was dangerous
  • June 1974 memo (2 months prior) warned: "This instrument is necessary to make acid and hold the strength without fluctuation. Any sudden change in strength results in heavy absorber stack omissions [sic] that are visible to the surrounding area."

The Environmental Impact:

  • Excessive SO3 emissions from stack
  • SO3 + atmospheric moisture = sulfuric acid mist
  • Created "fuming acid" at 100.4% concentration
  • Acid fog reduced visibility to near zero
  • Traveled 1.3 miles to BAR pier
  • Caused respiratory distress in longshoremen (eye/lung irritation)
  • Court found Delta 35% liable for ship collision

Implications:

  • Proves atmospheric acid deposition into Stockton Harbor
  • Pattern of prioritizing production over safety
  • Regulatory evasion culture
  • If visible acid fog reached 1.3 miles, chronic low-level deposition likely occurred throughout operations

3. Shoreline Erosion of Industrial Fill (1970s-Present)

1970s Delta Chemical Actions:

  • Began dumping highly acidic bauxite tailings onto shore
  • Created filled shoreline containing industrial waste
  • No proper containment or capping

1998 Maine DMR Study Findings:

  • Approximately 1 acre of contaminated intertidal flats
  • Sediment: off-white creamy color, discolored patches up to 1 meter square
  • Depth: few millimeters to 10 centimeters
  • Below: typical anoxic (black) sediment
  • Source: "historical spills and slumping banks and chemical piles"
  • Eroding embankment of filled land containing "creamy/light rose colored bauxite"
  • Beach and flats contain same material

Ecological Impact (1998):

  • Abundance of benthic invertebrates "far lower" near facility
  • Compared to control area across Stockton Harbor
  • Clear link between eroding wastes and low species abundance

4. Buried Building Materials (Late 1990s-Present)

The Quonset Hut Collapse:

  • World's first industrial-scale laminated wood arch Quonset hut
  • Built 1940s-1950s with 4-foot thick laminated arches
  • Late 1990s: Ron Huber photographed derelict building
    • Arches still structurally sound
    • Tarpaper roof collapsing
    • Materials sinking into intertidal flats

2015 Findings (Friends of Penobscot Bay Report):

  • "Large quantities" of tarpaper roofing materials in intertidal mud
  • Depth: 6-12 inches below mud surface
  • Prevents softshell clams and invertebrates from reaching preferred depths
  • Unknown extent throughout cove

5. Pipeline Infrastructure

1998 Sampling Expedition (Ron Huber, Paul Schroeder):

  • Offshore platform marks "discontinued intake for industrial chemicals"
  • Pipeline from platform to shore
  • Used for importing bulk chemicals (likely ammonia from Trinidad per 1965 plan)
  • Potential contamination from:
    • Pipeline leaks/ruptures
    • Loading/unloading spills
    • Residual chemicals in abandoned infrastructure

IV. REGULATORY COMPLIANCE HISTORY & FAILURES

Documented Violations (1983-2025)

Spills:

  • 77 spills documented between 1983 and 2020 (Maine DEP database)
  • 20 spills since GAC took ownership (1994-2020)
  • Average: more than 2 spills per year for 37 years

Water Quality Violations:

  • pH violations identified in 4 of last 12 fiscal quarters (per ECHO database)
  • Chronic, ongoing problem

Legal Actions:

  1. 2002: Conservation Law Foundation v. GAC Chemical

    • Filed February 11, 2002 in US District Court, District of Maine
    • Civil Docket No. 00-CV02-24-B-5
    • Alleged violations of:
      • NPDES Permit terms
      • Multi-Sector General Permits
      • Clean Water Act
    • Settlement reached without finding of violation (common regulatory capture pattern)
  2. 2021: EPA Region 1 Consent Agreement

    • September 29, 2021
    • Clean Air Act violations
    • 2 counts: General Duty Clause violations (Section 112(r)(1))
    • 5 counts: Risk Management Plan regulation violations (Section 112(r)(7))
    • Related to handling: anhydrous ammonia, sulfuric acid, other chemicals
    • Administrative penalty imposed

Pattern of Regulatory Failure

1998: State Agencies Refuse to Sample

  • Ron Huber told to conduct "preliminary, non-scientific samples"
  • State would only act if citizen samples showed contamination
  • Backwards regulatory approach—burden placed on citizens
  • Lack of staff/money cited as excuse

Evidence Tampering:

  • GAC cleaned up saltwater intake house before state visit
  • Ron Huber's video showed before/after conditions
  • State saw sanitized version

Piecemeal Responses:

  • No comprehensive site assessment despite decades of problems
  • Riprap added sporadically, continues to fail
  • Individual spills addressed in isolation
  • No cumulative impact analysis

V. 2025 PROFESSIONAL ASSESSMENT: CURRENT CONDITIONS

Home Place Team Assessment (Commissioned by Ron Huber)

Project Details:

  • Conducted: April & May 2025
  • Team: Paul Bernacki (Living Shoreline Specialist), Ruby Treyball (Project Manager), Jillian Howell (Environmental Management)
  • Funded by: Ron Huber, "longtime advocate for Penobscot Bay"
  • Scope: 2,050 linear feet of shoreline (½ mile)
  • Access: Limited to intertidal zone below Highest Astronomical Tide line (HAT)

Site Conditions Found:

Physical Instability:

  • Sections 1-8, 10-18: Highly unstable bluffs (per Maine Geological Survey classification)
  • Visible bluff erosion, toe erosion, slumping throughout
  • 4 sections of armored shoreline (riprap):
    • 1 recent structure: appears stable but shows significant plastic liner exposure
    • 3 older structures: overtopped by waves, indicators of downward movement and collapse
    • 2 structures primarily concrete pilings
  • Ineffective riprap—continuing to fail
  • Severe bluff erosion beneath railroad tracks transporting industrial chemicals

Contamination Evidence:

Three Categories of Sediment Contamination:

  1. Pink-colored sediment/fill layer (visible in bluff)
  2. Reddish layer on intertidal sediments and rocks near old discharge pipe (western side)
  3. Grey, powdery substance at multiple locations (Sections 4-6)

Industrial Debris Throughout Intertidal Zone:

  • Concrete fragments
  • Several hundred feet of inactive pipeline (Sections 10-14)
  • Rebar
  • Bricks
  • Discarded wood
  • Plastic materials
  • Demolished facility components
  • Abandoned building
  • Sections 12-14: Industrial debris fills foundational layer of bluff, topped with soil/vegetation that has become unstable, washing ~50 feet into Stockton Harbor

Sampling Results (May 16, 2025):

10 Sediment Samples analyzed for:

  • Total aluminum
  • Total mercury
  • Total sulfur
  • pH
  • Volatile Organic Compounds (9 samples)

2 Water Samples (from culvert, Section 16):

  • Total aluminum
  • Total mercury
  • Total sulfur
  • pH
  • VOCs

4 Building Materials Samples:

  • PCBs detected
  • Lead detected
  • Asbestos detected

Key Finding: "Ongoing releases of industrial contamination into Penobscot Bay and intertidal sediment from highly acidic fill containing sulfur and aluminum, and building materials containing lead, asbestos, and PCBs."

Drainage Concerns:

  • Industrial railroad infrastructure adjacent to HAT line with severe bluff erosion beneath tracks
  • Freshwater wetland on upland with no apparent culverts
  • Section 9: sloped upland runoff with distinct channels from rain events
  • One active outfall pipe (Section 16)

Overall Assessment: "½ mile of shore and coastal resource is highly unstable bluffs with industrial contamination subject to erosion from the upland into Stockton Harbor. Visually, the adjacent coast and adjacent resource is polluted, and biologically compromised due to exposed industrial waste, and hydrological migration of upland contaminants."


VI. RON HUBER'S CITIZEN ADVOCACY TIMELINE (1998-2025)

26+ Years of Persistent Documentation

1998: Early Documentation

  • May 22, 1998: Organized sampling expedition
    • Vessel: Island Institute's Raven (Ken Lantz, skipper)
    • Crew: Herb Hoche (Penobscot Bay Marine Volunteers), Paul Schroeder (UMaine observer)
    • Mission: Sample seafloor near offshore chemical import platform
    • Method: Improvised—canister bound to anchor with wire/duct tape, dragged across bottom
    • Purpose: Force state action after agencies refused to sample due to "lack of staff and money"
  • Created video documentation showing:
    • Cache basin overflows
    • Toxic landfill soils eroding into bay
    • Saltwater intake building conditions
    • Before/after of GAC cleanup (evidence of sanitization before state visit)
    • Historical maps showing century of industrial use
  • Paul Schroeder's observation: Video showed pollution "much more dramatic" than portrayed in Bangor Daily News

Late 1990s: Quonset Hut Documentation

  • Photographed deteriorating world's-first industrial laminated wood Quonset hut
  • Documented structural arches still sound but roof collapsing
  • Observed tarpaper and materials sinking into intertidal flats
  • Preserved visual evidence of building material contamination pathway

2015: Formal Restoration Proposal

  • Led Friends of Penobscot Bay organization
  • Drafted "Penobscot Bay Intertidal Habitat Restoration Plan"
  • Purpose: "Survey and remove contaminated mud and debris from approximately one acre of an intertidal flat of Stockton Harbor"
  • Referenced 1998 Maine DMR study (state knew about problem for 17 years)
  • Documented GAC response:
    • Agreed to recontour eroding bluff
    • Began removing ceramic wastes from different defunct operation
    • But no comprehensive remediation of bauxite tailings or tarpaper
  • Proposed actions:
    1. Core sampling throughout intertidal area
    2. Aerial mapping to demarcate contaminated areas
    3. Remove contaminated sediments via intertidal dredge
    4. Probe for and remove buried roofing materials
    5. Transport to appropriate landfill

2024-2025: Professional Assessment Commissioned

  • Used inherited money to fund comprehensive professional evaluation
  • Home Place Team conducted April/May 2025 assessment
  • Secured laboratory analysis of samples
  • Documented current conditions with drone footage, photography
  • Goal: Provide irrefutable evidence forcing comprehensive state action

Organizational Philosophy

As described to Paul Schroeder in 1998:

  • Focus on "determining conditions on the ground" vs. just holding meetings
  • Independence from corporate funders with potential conflicts of interest
  • Direct action and documentation
  • Distinction from environmental groups with "ambiguous financial relations with funders who in some cases are the corporations who are involved in potentially questionable siting or polluting issues"

VII. ESTUARINE SIGNIFICANCE & ECOLOGICAL CONCERNS

Stockton Harbor's Critical Role in Penobscot River/Bay System

Hydrodynamic Complexity:

Stockton Harbor sits at the interface of:

  1. Upstream: Penobscot River freshwater discharge
  2. Downstream: Penobscot Bay/Maine Coastal Current saltwater influence
  3. Mobile freshwater/saltwater wedge that moves upriver/downriver with:
    • Tidal cycles (moon's gravitational pull)
    • Seasonal precipitation variations
    • Storm events
  4. Brackish zone that expands and contracts dynamically

Impact of Sears Island Causeway (Built 1940s):

  • Solid fill construction blocked water exchange between Stockton Harbor and Searsport Harbor's Long Cove
  • Reduced water circulation to primarily tidal influence
  • Created semi-enclosed embayment west of Sears Island
  • Limited fetch: less than 1.5 miles from south-southeast and southwest
  • Reduced flushing capacity—contaminants more likely to accumulate

Contamination at Critical Interface:

The GAC facility (Kidder Point) is located precisely at the most dynamic part of the estuary:

  • Where freshwater meets saltwater
  • Where the wedge interface shifts with tides
  • Where brackish conditions support unique ecological niches
  • Where fish and invertebrates rely on specific salinity gradients

Ecological Consequences:

  1. Habitat Degradation:

    • 1998 study: "far lower" benthic invertebrate abundance near facility
    • 2015 observation: contaminated sediments prevent clams from reaching maturity depth
    • Loss of intertidal productivity
  2. Bioaccumulation Potential:

    • Heavy metals (aluminum, mercury, lead)
    • Sulfur compounds
    • PCBs in food web
    • Asbestos fibers in sediment
  3. Brackish Zone Function Compromised:

    • Nursery habitat for juvenile fish impacted
    • Shellfish beds contaminated
    • Water quality degradation affects entire harbor
  4. Upstream/Downstream Impacts:

    • Contaminants may be transported upriver during high tides
    • May be carried into Penobscot Bay during ebb tides
    • Affects larger estuarine system beyond immediate area

Climate Change Exacerbation:

  • Sea level rise increasing erosion rates
  • January 2024 storms demonstrated vulnerability
  • Maine experiencing twice the rate of sea level rise compared to century ago
  • Increased storm intensity will accelerate contaminant release
  • 40% of Maine coast is erodible bluffs—this site is worst-case scenario

VIII. RECOMMENDED NEXT STEPS

Immediate Actions Needed

1. Comprehensive Site Assessment by Maine DEP:

  • Soil borings in upland area
  • Extensive soil testing in bluff and intertidal zone
  • Comprehensive water quality testing (multiple sampling events)
  • DMR shellfish tissue sampling for contaminants
  • Marine geologist site inspection
  • Public health/exposure assessment
  • Installation of warning signage

2. Emergency Erosion Control:

  • Stabilize areas near railroad tracks (chemical transport infrastructure at risk)
  • Address sections 12-14 where industrial debris is actively washing into harbor
  • Contain freshwater drainage from upland

3. Debris Removal:

  • Complete removal of loose industrial debris from intertidal zone
  • Remove abandoned pipelines
  • Remove collapsing structural supports
  • Clear accessible contaminated soils from shoreland zone (75 feet inland from HAT)

Long-term Remediation Strategy

Nature-Based Solutions (Living Shoreline Stabilization):

Maine Geological Survey classifies majority of site as "highly suitable" to "moderately suitable" for Living Shoreline methods.

Recommended Approach:

  1. Contaminated Material Removal/Capping:

    • Remove contaminated soils where safe and feasible
    • Cap remaining materials in place with clean fill
    • Prevent further erosion and material release
  2. Beach and Bluff Reconstruction:

    • Regrade to establish stable profile
    • Create fringe marsh at base
    • Vegetated bluff above
    • Forested upland buffer
  3. Toe Structure:

    • Cobbles, boulders, coir-encased gravel mimicking glacial deposits
    • Absorb storm wave energy
    • Vegetate with native fringe shrubs and salt-tolerant grasses
  4. Bluff Stabilization:

    • Soil deposited in natural stratification pattern
    • Stabilized with coir fabric
    • Planted with diverse native bluff and upland vegetation
  5. Buffer Zone:

    • Minimum 10-foot planted buffer above riprap
    • Native species
    • Supplemental stabilization strategies
  6. Phytoremediation:

    • EPA-recommended for industrial waste sites
    • Vegetated caps
    • Buffer strips
    • Riparian corridors
    • Contaminant containment, removal, destruction methods
  7. Adaptive Design:

    • Accommodate 6 feet of sea level rise over next 100 years
    • Allow system to migrate landward naturally
    • Prevent re-exposure of remediated materials

Monitoring and Accountability

Ongoing Requirements:

  • Regular water quality monitoring
  • Sediment sampling program
  • Erosion monitoring
  • Shellfish bed testing
  • Benthic invertebrate population surveys
  • Public reporting of results

Responsible Parties:

  • GAC Chemical Corporation (primary responsibility)
  • Maine DEP (enforcement and oversight)
  • EPA Region 1 (federal oversight)
  • Army Corps of Engineers (wetlands jurisdiction)

Financial Responsibility:

  • GAC/ESOP should bear remediation costs
  • If GAC unable/unwilling, site should be considered for Superfund listing
  • State environmental funds as backup
  • Penalties from past violations should fund remediation

IX. BROADER IMPLICATIONS

This Site as Case Study

What Stockton Harbor Reveals About Industrial Legacy Pollution:

  1. Multi-generational contamination accumulation (1944-2025: 81 years)
  2. Corporate succession shields liability (5 different owners, each claiming limited responsibility)
  3. Regulatory capture (agencies underfunded, reactive rather than proactive)
  4. Citizen science necessity (26 years of advocacy required to generate action)
  5. Climate change as threat multiplier (erosion accelerating contaminant release)
  6. Estuarine vulnerability (dynamic systems concentrate and spread contamination)

The Citizen vs. The Corporation

David vs. Goliath Pattern:

  • Individual with head injury and memory challenges
  • Using inherited money for professional assessment
  • 26+ years of persistent documentation
  • Facing corporate entity with legal/financial resources
  • Dealing with underfunded regulatory agencies
  • Media downplaying severity of contamination

Yet Ron Huber Has:

  • Created comprehensive photographic/video evidence
  • Organized scientific sampling expeditions
  • Written detailed restoration proposals
  • Commissioned professional assessments
  • Built coalitions (Friends of Penobscot Bay, Coastal Waters Project, Penobscot Bay Marine Volunteers)
  • Maintained meticulous documentation across decades despite memory challenges

This demonstrates:

  • Power of persistent citizen advocacy
  • Importance of documentation
  • Value of scientific approach
  • Need for citizen science when agencies fail
  • Potential for meaningful change through individual action

X. CONCLUSION: THE PATH FORWARD

Current Status (November 2024)

What We Know:

  • 80+ years of industrial chemical manufacturing at sensitive estuarine interface
  • Multiple, ongoing contamination pathways into Stockton Harbor
  • Documented presence of aluminum, mercury, sulfur, lead, asbestos, PCBs
  • Highly unstable bluffs actively eroding contaminated material into bay
  • Failing riprap unable to contain pollution
  • Climate change accelerating release of legacy contamination
  • Benthic invertebrate populations suppressed
  • Shellfish habitat compromised
  • 77+ documented spills
  • Chronic permit violations
  • 26+ years of regulatory failure despite citizen documentation

What We Need:

  1. Comprehensive professional site assessment (soil, water, sediment, biota)
  2. Full delineation of contamination extent
  3. Binding remediation plan with enforceable timeline
  4. Financial assurance for remediation completion
  5. Nature-based solutions incorporating climate resilience
  6. Long-term monitoring program
  7. Public access to all data
  8. Accountability for past violations

What's at Stake:

  • Health of Penobscot Bay fisheries
  • Integrity of Penobscot River/Bay estuarine interface
  • Shellfish resources
  • Marine biodiversity
  • Public health (especially for those accessing shoreline)
  • Climate resilience of Maine coast
  • Environmental justice (GAC employees now own contaminated site)

The Underwater ROV Mission

Ron Huber's planned use of tethered marine robot to explore the offshore pier/pipeline platform represents the next phase of citizen documentation:

  • Visual evidence of pipeline condition
  • Seafloor contamination mapping
  • Abandoned infrastructure assessment
  • Additional sampling location identification

This continues the pattern: citizens doing the work regulatory agencies should be doing.

Final Observation

Stockton Harbor embodies the challenge facing estuaries worldwide:

  • Legacy industrial contamination
  • Climate change acceleration
  • Regulatory inadequacy
  • Corporate liability diffusion
  • Citizen advocacy necessity

The question is not whether contamination exists—the evidence is overwhelming. The question is whether Maine's regulatory agencies will finally act comprehensively, or whether GAC Chemical Corporation will continue to pollute Penobscot Bay while regulatory agencies look the other way.

Ron Huber has done his part for 26+ years. The state of Maine must now do its part.


APPENDIX: KEY DOCUMENTS REFERENCED

  1. 1950 Bangor Daily News Article - Summers Fertilizer expansion announcement
  2. 1965 Grace Brothers Appendix 3 - Northern Chemicals plant descriptions for Superfund case
  3. 1965 Najjab Study - NH3 capacity documentation (45,000 tons/year)
  4. 1974 Fernview Collision Court Case - Acid fog incident legal findings
  5. 1998 Maine DMR Study - First state documentation of bauxite contamination (referenced in 2015 plan)
  6. 1998 Paul Schroeder Field Notes - Sampling expedition documentation
  7. Aerial Photo Analysis (1939-1990) - Visual evidence of bauxite mud expansion
  8. 2015 Friends of Penobscot Bay Restoration Plan - Ron Huber's formal remediation proposal
  9. 2025 Home Place Team Assessment - Professional evaluation commissioned by Ron Huber
  10. GAC Company History - Corporate succession timeline from company website

Document prepared by: Claude (Anthropic AI Assistant)
At request of: Ron Huber, Belfast, Maine
Date: November 10, 2024
Purpose: Comprehensive synthesis for report preparation and regulatory agency submission

Note: This summary synthesizes information provided by Ron Huber from his personal archives, historical documents, legal cases, and the 2025 professional assessment. All factual claims are sourced from these provided documents. This summary is intended to support Ron Huber's ongoing advocacy efforts and provide a foundation for formal reports to Maine DEP and other regulatory agencies.

Nov 23, 2024

Penobscot Bay Report, 11/23/24, Juniper Ridge Expansion short and long audio/video

 

JRL's official website 

Juniper Ridge expansion plan meeting Nov 21, 2024   32 minutes (meeting in progress)

https://penbay.org/wrfr/2024/112324/wrfr_2024_112124_juniper_ridge_mtg_pt1_32min.mp3 

Nicky S's written  observations:  " I noticed that Casella's lawyer and state house lobbyist was in the room. I know him because he also represents Poland Spring and has been working hard to prevent more protective regulations from towns where they export water from. Irony, because the landfill is where most of the plastic ends up, while people nearby the landfill have to rely on bottled water because the water is not safe. An ugly cycle. You might see him at future meetings. His name is Brian Rayback and he is a partner at Pierce Atwood law firm in Portland. 


Link to full 90 minute Audio video by sunlight media collective  

https://www.facebook.com/WabanakiSovereignty/videos/1092444685699297/


JIMI Stereo 

Jul 17, 2024

Whole Oceans LLC, salmon tankfarm plan. 2024 and the 2018 - 2019 backstory

2018 and 2019 Penobscot BayBlog entries  on Whole Oceans LLC

Recent


2018 

3/20/18  Whole Oceans Presentation Audio  3 mp3s  36 min total


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2019





9/25/19  Sentinel tests of Bucksport sediments for mercury (5pg pdf)    Testing by Maine Environmental Laboratory   https://penbay.org/aq/whole_oceans/mel_rpt_092519_mercury_tests.pdf



 Documents


Bucksport  January 3 - January 28

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2020
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2022
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2023
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2024

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Appeals and Letters

May 14, 2022

Virginia grain company to file DEP permit request May 20th, to mine granite from Heagan Mountain, crush it and barge it south

This just in: Salmons Inc, of Virginia Beach VA  a 30 employee rapeseed and grain "farming company" (now with mining and dredging subsidiaries ) had its local hired guns Haley Ward  announce that on May 20th, the company would file applications for DEP permits to mine & grind Heagan Mountain in Prospect into grit, then load the mountain into barges  and send it south - after dredging up some of the most mercury-rich sediments in the United States and putting it ....somewhere

Read it and weep:. 

NOTICE OF INTENT TO FILE AND  NOTICE OF PUBLIC INFORMATIONAL MEETING

Please take notice that Salmons Incorporated, P.O Box 57008, Virginia Beach, VA 23457, 757-409-0246 is intending to file a Permit Application with the Maine Department of Environmental Protection pursuant to the Site Location of Development Act permit application under the provisions of 38 M.R.S.A. 481 thru 490, as well as a Natural Resources Protection Act permit application pursuant to provisions of 38 M.R.S.A 480-A thru 480-BB on or about May 20, 2022. 

The application is for the permitting of an approximately 50-acre mineral processing facility and associated pier, located off the Bowden Point Road in Prospect, Maine. 

For Federally licensed, permitted, or funded activities in the Coastal Zone, review of this application shall also constitute the State's consistency review in accordance with the Maine Coastal Program pursuant to Section 307 of the federal Coastal Zone Management Act, 16 U.S.C. 1456.

A request for a public hearing or a request that the Board of Environmental Protection assume jurisdiction over this application must be received by the Department in writing, no later than 20 days after the application is found by the Department to be complete and is accepted for processing. A public hearing may or may not be held at the discretion of the Commissioner or Board of Environmental Protection. Public comment on the application will be accepted throughout the processing of the application.

Applications will be filed for public inspection at the Department of Environmental Protection's office in Bangor during normal working hours. A copy of the application may also be seen at the municipal offices in Prospect, Maine.

Written public comments on the Applications may be sent to Jessica Damon of DEP's   Bangor:   Dessica Damon MDEP, Eastern Maine Regional Office, 106 Hogan Road, Bangor, ME 04401.

May 13, 2022

Using Maine's moratorium process to slow the megapier sprawl boom in Penobscot Bay/lower River

2022  Bay and River town  Moratoria  on new Private  and Industrial Piers, Note in their "Whereas.."  sections the commonality of coastal towns  when caring for their local lands and waters.   They all follow a general format of wording

Successes and  and efforts underway 

CAMDEN    Accepted Voting in June

 PROSPECT       Moratoria successful 

LINCOLNVILLE  Moratorium accepted.   Vote:  failed

ROCKLAND  ( coming soon))

Mar 31, 2022

FOAA! DEP emails regarding the proposed granite mine, granite crusher and export dock on Bowden Point in Prospect

On 3/21/22  Penobscot Bay Watch sent a   FOAA letter  to Maine DEP asking for "All emails and their attachments, sent or received by Jessica Damon of DEP's Eastern Maine Regional Office, directly or cc'd, pertaining to the Salmons Quarry Operations Project in Prospect, Maine, from March 7, 2022 through March 21, 2022"

On 3/29/22/   Kevin Martin, DEP FOAA coordinator, responded to the above request, and provided the below emails from February 20, 2022 to  March 21,2022. Attachments provided at another link.

EMAILS (PDF)

2022-02-20 Todd_Hanson_oppo_to_Susanne_Miller DEP EMRO

2022-03-07_Jessica Damon_to Chip Haskell.

2022-03-07_Jessical Damon_to Chip Haskell   *

2022-03-07_Madore to Damon, &Lavoie. Madore_to Caruso

2022-03-08_Damon to Todd Burrowes /Burrowes_Damon..2/14/22 & 1/8/22_Burrowes_Damon *

2022-03-08_Jessica Damon_Chip Haskell_HW (2 emails)

2022-03-08_Burroughs_to Haskell_Damon

2022-03-09_Damon to Kathleen Jenkins_oppo.

2022-03-09_Damon,Lavoie and Madore.pdf

2022-03-09_Jenkins to Damon

2022-03-09_Madore_Damon, and Damon_Madore, and Madore to Damon
2022-03-10_Beyer. to Lavoie and Damon Peter Shoults to Lavoie,

2022-03-11_Chelsea Getchell_atty

2022-03-11 Jessica Damon .to Haskell and Getchell.

2022-03-12-Brandy Bridge_oppo to Jessica Damon.

2022-03-14_Kathleen Jenkins_oppo to Damon.

2022-03-15_Chip Halkell_atty to DEP Jessica Damon

2022-03-15_Karin Sprague oppo_toDEP_Jim Beyer and Damon.

2022-03-17 Chip Haskell HW_Jessica_Damon

2022-03-17_Jessica Damon Letter Haskell on Deficiencies in BPP application

2022-03-17_Jessica Damon_to_Chip_Haskell Haley Ward

2022-03-17_Damon_to_DEP_nick_Livesay_dave_madore

2022-03-17_Peter Shoults oppo_Damon

2022-03-17_Michell_Jadis_oppo_ to Jessica Damon.

2022-03-18_Peter Shoults again

2022-03-21_Jenkins_oppo_Damon_re_brook

2022-03-21_Kim Kokernak_oppo to Damon.

2022-03-21_Damon to Shoults_Shoults to Damon.

2022-03-21_Damon_to William Billado_ Billado to Damon.

END










Oct 21, 2021

LBA bill of 2019

A  bill that I had introduced in 2019   by Belfast State Rep Janice Dodge.  Require cumulative impact study when more than  one  Land Based Aquaculture  operation  gets proposed in a  single waterbody. (a bay or reach of a river)

1.LD 620, HP 448,129th LegislatureAn Act Regarding Licensing of Land-based Aquaculture Facilities
 
CLICK HERE for testimony for and aagainst  LD620

Oct 10, 2021

Fort Point Cove pollution information

 The following are links to pdf files of  information on Fort Point Cove and its pollution status.  Most  concerns mercury pollution. 

To locate relevant information , download  or open these pdfs and use a Ctrl-F search for Fort Point 

 US District Court 2008  Phase I of the PenobscotRiver Mercury Study (21 Fort Point Mentions)

Maine DMR  2014 Penobscot River Estuary Lobster and Rock Crab Mercury Study  (40 Fort Point  mentions)

US District Court Ordered 2018  Phase III Engineering Study Report Penobscot River estuary.  (26 Fort Point  mentions) 

Federal Water Pollution Control Administration 1967 Pollution_report_Penobscot Navigable river and upper bay ( 20 Fort Point mentions)  Other pollutants than mercury

 April 11, 2019 testimony about mercury by activist atty Kim Ervin Tucker ) No mention of Fort Point,  but much info  about the movement of mercury down the River and into the Bay

Dec 12, 2019

Bay Group calls for health advisory labeling of RAS salmon raised in mercury tainted waters

For Immediate release  12/12/19

Contact Ron Huber, 207 691-4634    Adrienne Caldwell 917 753-0563

Penobscot Bay activists call for health advisory labeling of RAS salmon raised in mercury tainted waters.

BUCKSPORT. Plans to grow market Atlantic salmon raised  from egg to harvest solely in water from mercury-contaminated waterbodies have raised concerns in Maine over potential dietary health risks for children and pregnant or nursing women.

In response, environmental group Friends of Penobscot Bay (BLOG) has written to the Maine Centers for Disease Control asking the state to develop an advisory label for salmon raised in recirculating aquaculture systems that use mercury tainted waters. Read letter here       

A recent report found Bucksport to be one of the most mercury polluted river towns in Maine.   While the state has strict mercury advisories on nearly all  Maine freshwater fishes,  and such saltwater species as striped bass, shark and swordfish, not so for RAS-farmed salmon.

FOPB noted that in the case of at least one project underway in Maine Whole Oceans LLC, salmon would  be raised  from egg to harvest in giant tanks filled with water piped continuously from  mercury tainted lower Penobscot River.  Ron Huber the group's  executive director  said that  "because of the real potential for significant mercury uptake by RAS tank farmed salmon exposed to these waters, we are asking  Maine Centers  for Disease Control  to expand its public health protections   by developing a warning label for salmon raised in any water that is considered polluted based on the court ordered of the Penobscot River Mercury Study."

 FOPB river coordinator Adrienne Caldwell, of Bucksport, said, “unlike wild salmon and open ocean net-pen salmon, RAS fishes raised solely in facilities that use water from upper Penobscot Bay or the lower Penobscot River will spend their entire lives swimming in and breathing waters known to have elevated mercury levels." 

"Let's be precautionary" she said. "Whole Ocean's claim that Recirculating Aquaculture Systems reduce mercury concentrations isn't good enough."

 Huber summarized the Whole Oceans project as  "in the wrong place at the right time. Yes," he said, " Land-Based Recirculating \Aquaculture is a growth agribiz, but no, the mercury tainted Penobscot estuary is not the place for it to grow."
" I mean, really?" he added. " Pick the most mercury-fouled river in the United States as water supply for your salmon tank farm startups?  If consumers knew, he added "they would be reluctant to buy salmon from that company,

Caldwell wondered "What were they thinking?".

The Friends of Penobscot Bay will be hosting a number of educational field events in the mercury contaminated area.

SUMMARY 
Maine currently has mercury health advisories for  nearly all fishes captured in Maine lakes and ponds, for striped bass, shark and swordfish, and an outright ban on lobstering and crabbing in the lower Penobscot River, due to significant mercury pollution of the waters and sediments.

   Currently, commercial raised atlantic salmon are considered low in mercury. due to the natural flushing activation of the  bays where net pens salmon farms are operated .   Friends of Penobscot Bay's proposal would add an  special advisory for salmon grown in tanks filled with such mercury impacted waters.  The label would recommend zero consumption of such tank-raised fishes by children under eight, or pregnant or nursing mothers - the same as for other fishes living in those waters.

The advisory labels would be required for
* Wholesale salmon distributors' invoices from a RAS facility with such challenges,
* Retail & online outlets where said fish is sold fresh, frozen or processed,
* Advertisements and commercials promoting salmon from that facility.


Friends of Penobscot Bay
People Who Care About Maine's Biggest Bay
POB 1971 Rockland ME 04841  FB: /penobscotbay

Jun 27, 2019

Whole Oceans FOAA 6/26/19 Bucksport & Maine DEP discuss the project Fall 2018 to Spring 2019

FOAA Documents received 6/26/19 from Maine DEP re Bucksport
regarding the Whole Oceans LLC Aquaculture proposal.

Note: "Wood" is Gregg Wood, Maine DEP's permit reviewer ofWhole Oceans

DOCUMENT 1 Whole Oceans DEP Permit
2018
11/22/18 DEP to WO 11/22/18 Part 1   pg 1
 11/21/18  WO's Permit Part    P6
11/21/18 Permit Attachment A  Part 1   Pc28

11/21/18  NPDES Std Conditions Part 1 pg 36
11/21/18   MEPDES Fact Sheet  Part 1 Pg 48 1.2M


2019
010219 DEP Wood_to Cindy Bertacci  1pg
Full document_ FOAA 6/26/19 Part 1 3.6M

DOCUMENT 2  6/11/18 to 11/21/18 

6/11/19 Lessard to Bertocci  98K 

9/28/18 MEPDES WO factsheet   
9/28/18 MEPDES WO public comments & responses

10/23/18 KennebecBiosci. 2pg+1blank  72K
10/23/19 EPA to DMR & DMR-EPA 101K
10/23/19 Des Fitzgerald to Wood 1pg 

10/26/18 Wolper to Wood 
10/26/18 Wood to Faubel

10/29/18 Penobscot Nation- Wood
10.29/18 GOMRI Perkins to Wood 4pg incl blanks   

10/29/18 Whole Oceans - Wood 2pgs + blanks  
10/29/18 Jim Merkel to Wood 6pgs +5blanks
10/30/18 Wood to Lessard 2 emails (blanks between pgs)
10/30/18 10/31/18  Wood & Lessard  5emails
10/31/18 -12/21/18 Six emails between Lessard and Wood 


WHOLE OCEANS 11/218 Permit 
11/21/18 WO permit OKed 4pg permit, 18pg spec cond 
11/21/18 Attachments A, B & C of WO Permit  
11/21/18WO Permit Standard Conditions 12 pgs   558K
70 FOAA 6/26/19
Whole oceans maps and flow diagrams 1

 2019
1/2/19     G. Wood DEP to C. Bertocci BEP 2pg  


FULL FOAA pt 2  6/26/19  2.4M

Apr 17, 2019

Maine Legis' Environment and Natural Resources Comm gives ONTP to Pen Bay dredge sampling reform bill

LD 1287 An Act To Protect the Penobscot River and Penobscot Bay from Mercury Contamination  had its hearing  before the  state Legislature's Environment and Natural Resources  Committee on April 11th and its worksession April 17, 2019.
Listen to the 21minute  worksession

While supporters left the public hearing feeling they'd gotten some traction, six days later  the committee spent 21 minutes considering  LD 1287 and the testimony they'd received, and  a DEP official give a clarification before voting unanimously Ought Not To Pass, effectively killing the bill.  

A last minute flurry when a late arriving letter from the Penobscot Nation was read  silently by  the  Environment and Natural Resources  Committee chair, just before the ONTP vote.  The letter wasn't described audibly, but will shortly show up on the committee website

Read testimony submitted concerning LD 1287 An Act To Protect the Penobscot River and Penobscot Bay from Mercury Contamination.   Click on names for pdf files.


Bennett, Nick Natural Resources Council of Maine (55 KB)
Bergeron, MarkDepartment of Environmental Protection
Brophy, SallyBelfast
Capwell, DeborahBelfast
Charles, NatalieBelfast
Cooney, AmandaResident
Cotter, EdwardNordic Aquafarms
Davis, DanPorter
Dodge, JaniceMaine State Legislature
Gideonse, HendrickBrooklin
Gillies, ArchibaldTown of Islesboro
Gillway, JamesSearsport
Hatch, ConnyBelfast
Kittredge, ThomasBelfast City Council
McCarron, PatriceMaine Lobstermen's Association
Miller, StephenIslesboro Islands Trust
Morrison, KaitlinNatural Resources Defense Council
Olsen, VirginiaMaine Lobstering Union
Schlueter, EricaBelfast
Shagas, KathrynBelfast
Shankle, PatsySurry
Tucker, KimLincolnville
Walton, TimCianbro