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

A bill to set up a zone council for LBA aquaculture licensees

 proposed legislation

Why:  Maine already has  742  LPAs  licenced to operate in state waters.  And counting.

But state laws and rules of  these licenses  allow multiple oyster farmers per license  and  cross ownership /cross employment between licenses.

https://www.mainelegislature.org/legis/statutes/12/title12sec6072-C.html

 A bill to set up a zone council for LBA aquaculture licensees.

https://www.maine.gov/dmr/aquaculture/data/lpa-table.html

The Problem.  L

SHaM to host pub meeting Oct 13th on its plan to turn half of downtown Rockland Harbor into a used mega-yacht lot & ruin the view.

Safe Harbors is a Texas holding company that's been buying up marinas around the United States and transforming them into their own version.  Sort of a Wal-mart of marinas.

Its plan here is to retool the withdrawn Yachting Solutions marina plan into one setting aside considerable space for  hosting mega-yachts. Even butting into the public navigation channel.  

For restless billionaires roaming the Northwest Atlantic expect marinas  in every coastal reach, with all the amenities these 1%-ers must have, to distract them from the dull grind of rulership over their various corporate kingdoms

For Rockland is, in their eyes,  useful as  place to dump their wastes, a refueling base, and,  with a  corporate jet-friendly  airport  in  nearby Owls Head, a place to join up with their yacht without the noise and clutter of  embarking and debarking in Boston  and  Portland harbors.

And  with a weak city government that historically has reflexively kowtowed to every developer coming down the pike.  It it weren't for ordinary Rockland residents and public  harbor users citizens stepping in and  fending off  these irritating  s

Chapter 13-B: Uncontrolled Hazardous Waste Sites

from Maine Revised Statutes
Title 38: WATERS AND NAVIGATION

Chapter 13-B: Uncontrolled Hazardous Substance Sites TOC

§1361. Findings and purposes

"The Legislature finds and declares that uncontrolled hazardous substance sites within the jurisdiction of the State present a hazard to all the people of the State and that hazard poses a threat or potential threat to the public health, safety or welfare, to the environment of the State and to owners and users of property near or adjacent to uncontrolled sites...."

§ 1362 Definitions

"...B. Any substance which has not been so designated by the United States Environmental Protection Agency may be identified by rule as hazardous matter by the board. "

§1363. Prohibited acts
No person may handle hazardous substances at an uncontrolled hazardous substance site in violation of any order issued under this chapter. [PL 1983, c. 569, §1 (NEW).]

§1364. Powers and duties of the department

1 Tech Services.  2 Rules.   3.  Investigation and evaluation, 4 Designation.  5 Mitigation 

§1365. Designation of uncontrolled hazardous substance sites

Investigation. 

n
A. Designate that  location as an uncontrolled hazardous substance site; [PL 2005, c. 330, §34 (NEW).]
B. Order any responsible party dealing with the hazardous substances to cease immediately or to prevent that activity and to take an action necessary to terminate or mitigate the danger or likelihood of danger; and 
C. Order any person contributing to the danger or likelihood of danger to cease or prevent that contribution.

§1366. Abatement, clean up and mitigation costs.  "Whenever possible and practical, the commissioner shall make use of resources available under the Superfund program or other federal programs to evaluate and investigate uncontrolled sites and to abate, clean up or mitigate threats or hazards posed or potentially posed by uncontrolled sites. "

§1367. Liability; recovery by the State for abatement, clean up or mitigation costs and for damages   "Each responsible party is jointly and severally liable for all costs incurred by the State resulting from hazardous substances at the site or from the acts or omissions of a responsible party with respect to those hazardous substances and for the abatement, cleanup or mitigation of the threats or hazards posed or potentially posed by an uncontrolled site, including, without limitation, all costs of acquiring property. "

§1367-B. Limited exemption from liability for state or local governmental entities

"Liability under section 1367 does not apply to the State or any political subdivision that acquired ownership or control of an uncontrolled hazardous substance site through tax delinquency proceedings pursuant to Title 36, or through any similar statutorily created procedure for the collection of governmental taxes, assessments, expenses or charges, or involuntarily through abandonment, or in circumstances in which the State or political subdivision involuntarily acquired ownership or control by virtue of its function as a sovereign."

§1367-C. Limit on obligation to replace or treat water supply wells

1.  Delineated contaminated area.  Neither the commissioner nor any responsible party is obligated under this chapter to reimburse any person for the expense of treating or replacing the well if the well is installed in an area delineated by the department as contaminated as provided in section 548, subsection 1; a

§1368. Emergency 
Whenever the commissioner determines that an emergency exists as the result of a threat or hazard posed by an uncontrolled site, the commissioner shall immediately notify the Governor.

§1369. Immunity "neither the State nor any agency or employee thereof engaged in any abatement, clean up or mitigation activity, while complying with or attempting to comply with this chapter, or with any rule promulgated or directive issued in the implementation of this chapter, may be liable for the death of or injury to persons, or damage to property, as a result of that activity. "

§1370. Property forfeited

"The following property shall be subject to forfeiture to the State in accordance with the procedures set forth in section 1319-U and all property rights therein shall be in the State: [PL 1987, c. 517, §30 
1. Real estate. 
2. Moneys.

[End of  Chapter 13-B: Uncontrolled Hazardous Waste Sites]

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

short version

from Maine Revised Statutes
Title 38: WATERS AND NAVIGATION

Chapter 13-B: Uncontrolled Hazardous Substance Sites

§1361. Findings and purposes

§ 1362 Definitions

§1363. Prohibited acts
No person may handle hazardous substances at an uncontrolled hazardous substance site in violation of any order issued under this chapter. [PL 1983, c. 569, §1 (NEW).]

§1364. Powers and duties of the department

§1365. Designation of uncontrolled hazardous substance sites

§1366. Abatement, clean up and mitigation costs

§1367. Liability; recovery by the State for abatement, clean up or mitigation costs and for damages

§1367-B. Limited exemption from liability for state or local governmental entities

§1367-C. Limit on obligation to replace or treat water supply wells

§1368. Emergency 
Whenever the commissioner determines that an emergency exists as the result of a threat or hazard posed by an uncontrolled site, the commissioner shall immediately notify the Governor.

§1369. Immunity

§1370. Property forfeited

§1371. Lien established

[End of  Chapter 13-B: Uncontrolled Hazardous Waste Sites]

Housing and the natural resources laws a hearing by the afa

Commissioner Heather Spaulding  MOFGA  

Senator Matt  Poulioc (?) Augusta dist 15

Commissioner Dadeiline Hill me assoc realtors

Kate Dufour MMA

Cheryl Golek  Equal Justice Partners, 

Pingree Gov Office of Policy ,  Innovation and the future

Dana Totman  Augusta Housing

C0omm Dan Brennan Dir  MSHA

Comm Anthony Jackson community justice 

Amy Arata legis dist 65

CommJohn Napolitano Pres Me State Building Construction Trades Council   

Staff 

dierdre snyder opla 

hillar y  opla

Sm powell opla

Dierdre 

Last session, Maine Legislature's Appropriations and Financial Affairs Committee, requested the Mills administration and other interested parties work together as a commission.

Purpose Examine Maine's current land use laws and Zoning restrictions and see what could be changed to "Increase Housing Opportunities in Maine".

This Commission to Increase Housing Opportunities in Maine by Studying Zoning and Land Use and Zoning Restrictions reported back to the AFA committee on its findings to date

They'll be in the Appropriations and Financial Affairs Committee Room and you can listen at https://legislature.maine.gov/audio/#228

Friends of Harriet L Hartley Conservation Area 9/28/21 Superior Court filings .

Below are filings submitted September 28, 2021 to Waldo County Superior Court  for Friends of Harriet L. Hartley Conservation Area, Jeffrey Mabee and Judith Grace by  Curtis Thaxter law firm attorney Davvd J. Perkins

2021 09 28(a) Plaintiffs' ltr to Superior Court Clerk' List of Filings 

2021 09 28(b) Plaintiffs' motion to Exceed Page Limit.

2021 09 28(c) Plaintiffs' reply to Belfast oppo to motion for Preliminary Injunction

2021 09 28(d) Attorney Kim Ervin Tucker 3rd Affidavit.

2021 09 28(e) Jeffrey Mabee et al; 2nd Affidavit 

2021 09 28(f) Kim Ervin Tucker Pl Prop Order on Plaintiffs' Motion for  Preliminary Injunction

Exhibit A 8-16-2021 Belfast  Notice of Condemnation Certificate 

Exhibit B 7-9-2021 Purchase and Sale Agreement

Exhibit C 4th Amendment to Evaluation Agreement

Exhibit D 9-7-2021 Recorded Easement (City to Nordic)

Exhibit E Reichard FOAA Response 

Exhibit F - HLHCA Sign

Exhibit G 8 -16-2021 City Condemnation Ltr & Check to FHLHCA 

Exhibit H 8-16-2021 Condemnation Ltr & Check to Mabee/Grace 

Exhibit I 9-27-2021 AAG Ltr to City of Belfast  re FHLHCA

Rockland Harbor Commission 9/28/21 met with rep of Safe Harbors Maine, Listen on audio MP3s

The Rockland Harbor Management Commission met  September 28, 2021 and  had a 38 minute  presentation  and Q&A session with Mike Sabatini, formerly of Yachting Solutions, now representing  Safe Harbors Marinas a marina holding company that has bought the former Yachting Solutions LLC property and its dock and proposes to extensively dredge  and add new features.  First comes  introductions of Rockland Harbor Mgmt Commission members and guests. 

This is followed by a 38 minute Safe Harbor presentation and discussion led by Mike Sabatini   See map of project coordinates   and map of  proposed dredge plan,                supplied by Sabatini for the meeting

Land-based Aquaculture in the balance. Audio from a UCN webinar on the falling favor of RAS

 On September 23rd, Under Current News held a webinar  on Landbased Aquaculture's future, featuring  Maggie Fried of CREO, Erik Tveteraas of Nutreco and  Karl Øystein Øyehaug of Atlantic Sapphire. Following introductions, host Matt Craze gave a 5 minute presentation on the  issues facing RAS fishfarming, then posed  questions to the panel  about rising construction costs and how it has dampened investor enthusiasm, and more. The challenge of community opposition is also examined.

 After the introductions, UCN host  Matt Craze posed a number of questions including  some of these asked by viewers in the webinar chat.  [ I and perhaps others asked for the effect to the LBA wannabee universe of the  prolonged successful litigation by community groups  and others over the proposed siting of a   certain Maine project.  Recording# 15 it what came of that]   

1. Introductions 4min

2. Matt Craze Presentation 5min24sec

Question 1  Is there there financing beyond Scandinavia? Risk.

3. Maggie Fried (CREO) 5min21sec 

4. Erik Tveterass (Nutreco) 4min34sec

5. Craze reminds audience to send in questions 14sec

6. Karl Oynstein-Oyehaug (Atlantic Sapphire)  8min 24sec

7. Maggie Fried 2min32sec     How do investors think about land based aquaculture?

8. Erik Tveterass  24min 21sec What is the minimum  size of RAS operations to be viable?

9. Maggie Fried 2min25sec   What metrics are  big investors concerned with?

10. Erik Tveterass 5min27sec What is the minimum amount of revenue for a RAS project?  

11. Erik Tveterass 2min23sec What about barramundi  or other species for LBAs?

12. Maggie Fried 2min 6sec  Landbased pricing v conventional salmon farms pricing.

13. Erik Tveterass Nutreco 6min 17secs  How look at  the costs in RAS project?

15 Maggie Fried 3min 5sec  What about environmental concerns?

14. Closing  6min17sec  Questions from audience and  are there  known unknowns?

15  Full recording 1hr 13min 

Safe Harbor's marina sprawl plan for Rockland Harbor. Links to all maps from their 9/1/2021 application. And the application.

Nationwide marina Holding company Safe Harbors, DBA as Safe Harbors Rockland LLC , is trying to expand the marina they picked up from Yachting Solutions in Rockland Harbor with the goal of attracting mega yachts. What you need to know in 15 maps and diagrams from the company's 89 page NRPA application to the state's Submerged Lands Program. These illustrate existing conditions, proposed dredge plan, proposed pier extensions and floating concrete wave attenuators, And more. See what You can do after the link list

LINKS

Bureau Parks  & Lands  Public Notice Safe Harbor Sept 1,2021 

1  Maps legend.jpg

2  Existing Conditions

3  Proposed Changes

4  Proposed Dock Coordinates 

5  Anchor Pile Plan

6  Dock A  Dimension Plan

7  Dock B Dimension Plan

8  Dock C Dimension Plan

9  Concrete Flotation Dock Details

10 Floating Concrete Wave Attenuator

11 Timber Floating Doc Detail

12 Gangway Access Plan

13 Shoreward Pier Extension Layout

14 Landward Pier Extension

15  Proposed Dredge Plan

16 Proposed Dredge Plan Profiles

17 Proposed Dredge Profile

Critics say operation of the project will significantly block public access to the city's navigation channels during their peak use seasons, It would also degrade downtown Rockland's historic and irreplaceable public views at Fishermen's Memorial Park: there the harbor, its lighthouse and the Fox Islands of Vinalhaven and North Haven.

The Sider London plastic spill at Mack Point in December- Sprague takes the fall in consent agreement.

PLASTIC SPILL ALERT

Check out  below the just released proposed consent agreement and supporting documents responding to the  December 2, 2020 spill of bales of (plastic) solid recovered fuel  by  Sprague personnel operating the crane on the M/V Sider London. Then let DEP know what you think 

Maine DEP has announced  a 30 day public comment period beginning Friday, September 17, 2021. Details below the links. 

Note: Sprague has signed this agreement.  But the agency says it will only either accept it or require changes , AFTER they consider the public's information.

Administrative Consent Agreement 9/14/21  (revised /proposed)

Dry Cargo Risk Assessment  (F-19)

Reportable Quantity Thresholds  (2.1.2.0)

Cargo Operations for Dry Bulk, Breakbulk and Project Cargo   (TOM 3.02)

Dry Cargo  Pollution Prevention and Response  (TOM 3.06)

WHAT'S NEXT?  DEP's Water Quality enforcement Chief Pamela Parker explains: (separated into  sections for ease of reading)

"Once the public comment period has ended, the Department will respond to all relevant comments and include those responses in the information provided to the Board of Environmental Protection (BEP) 2 weeks prior to the meeting where this action will be heard. 

"The BEP meeting provides another opportunity for public comment. 

"After deliberation the Board will vote to approve the agreement or direct staff to amend the document and renegotiate with Sprague. 

"You will note that this agreement does not require further remediation of the spilled plastic, after much deliberation, the Department concluded that additional cleanup actions would do more harm than good.  

"You will also note that Sprague did not propose a supplemental environmental project, this is always an option for the violator but Sprague chose not to pursue that option as it may have significantly delayed settling this matter. 

 

"If you have comments,  please do not hesitate to send them to me."

Pamela Parker

Water Enforcement and Boat Pumpout Program

Division of Water Quality Management

Maine Department of Environmental Protection

Pamela.d.parker@maine.gov

(cell) 207-485-3038

The new Mound Builders. Will a fresh look at LD 1639 finally bring end to the mass importation of solid waste into Maine?

Juniper Ridge State Landfill  Sunlight Media Collective photo

As out of state solid waste-filled trucks continue making their 24/7 way into Maine, raising onward a mighty mound to the skies, the incoming legislative session brings back LD 1639 An Act To Protect the Health and Welfare of Maine Communities and Reduce Harmful Solid Waste

The bill could easily put an end to this disgraceful use of Maine as Permanent Dumpland of the Northeast. But will state legislative leaders stand up to the blandishments and threats of Big Waste?

Below, read what the people told the Maine legislature back in May 2021, when the Environment and Natural Resources Committee last considered the bill . LD 1639- related online documents. **  Audio MP3s from the 5/17/21 hearing

1639 Public Hearing Testimony, 66 items May17,2021

Barrett, Ed	Lewiston	(41 KB)
Blair, Peter	Conservation Law Foundation	(243 KB)
Blanchette, Leonard	Brunswick Sewer District	(93 KB)
Blows, James	Saco	(41 KB)
Boulos, Rebecca	Maine Public Health Association	(210 KB)
Boyd, Wayne	Holden	(41 KB)
Bradford, Abigail	Environmental Priorities Coalition	(99 KB)
Bullard, Sam	Peace & Justice Center of Eastern Maine	(57 KB)
Cayer, Mark	Mayor of Lewiston	(47 KB)
Chase, Crystal	Chase Trucking	(188 KB)
Clark, Paula	Maine DEP	(230 KB)
Colihan, Dana	Portland	(1003 KB)
Couillard, Troy	TRC Trucking	(57 KB)
Curley, Patricia	Edgecomb	(47 KB)
Dana, Maulian	Penobscot Nation	(12 KB)
Dearborn, Melissa	Waldoboro	(75 KB)
Deming, Adam	Gray	(12 KB)
Eaton, Chuck	Greenbush	(227 KB)
Elliott, Jacquelyn	Waterboro	(84 KB)
Eshoo, Amy	350 Maine	(164 KB)
Exchange, Mitchell	Exchange Trucking LLC	(59 KB)
Filion, Nichole	Complete Staffing Solutions	(57 KB)
Firmin, Scott	Portland Water District	(158 KB)
Gendron, Todd	Easy Rent-All Corp.	(32 KB)
Gilman, Ben	Maine State Chamber of Commerce	(127 KB)
Goldberg, Neal	MMA	(312 KB)
Green, Zeb	Skowhegan	(51 KB)
Grenfell, Trevanion	Unity	(41 KB)
Haskell, Timothy	York Sewer District	(111 KB)
Haynes, Mary	Norway, Maine	(41 KB)
Jackson, Anthony	Brewer	(13 KB)
Jeffers, Lincoln	Lewiston	(181 KB)
Leahey, Gregory	ReSource Waste Services	(486 KB)
Leithiser, Charles	Old Town	(157 KB)
Leslie, John	Orrington	(41 KB)
Lippincott, Bill	Hampden	(70 KB)
Lister, Hillary	Athens	(122 KB)
MacDonald, Amber	Holden	(41 KB)
Martinez-Alfonzo, Stephanie	Unity	(38 KB)
Mason, Garrett	Associated Builders and Contractors of Maine	(70 KB)
Merrill, Kelly	Skowhegan	(57 KB)
Mosley, Michael	Waterville	(56 KB)
Nichols, Sarah	Bangor	(594 KB)
Obomsawin, Mali	Sunlight Media Collective	(64 KB)
Oltarzewski, Diane	Belfast	(57 KB)
Peaslee, Travis	Lewiston - Auburn	(201 KB)
Peters, Ryan	Newport	(41 KB)
Robertson, Cheryl	Orono	(61 KB)
Roger & Family Doucette, Sarah	Whitefield, NH	(12 KB)
Sack, Kerry	Old Town	(55 KB)
sanborn, Lokotah	indian island	(141 KB)
Smith, Hunter	Sierra Club Maine	(101 KB)
Spencer, Ed	Don't Waste Maine	(42 KB)
Staples, Barry	Staples Trucking	(360 KB)
Stone, Bonnie	Pittsfield	(41 KB)
Swan, Jon	Save Forest Lake	(54 KB)
Tipping, Mike	Orono	(58 KB)
Townsend, Eliza	Appalachian Mountain Club	(447 KB)
Troiano, TJ	Troiano Waste Services, Inc	(210 KB)
Wade, Tim	Maine Water Environment Association	(116 KB)
Walker, Leroy	Auburn	(287 KB)
Ward, Mark	Bristol	(73 KB)
Warming, Betty-Jo	Limington	(41 KB)
Willett, Shane	Willett Trucking	(56 KB)
Woodbury, Sarah	South Portland	(111 KB)
WRIGHT, SHELBY	Casella	(337 KB)