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Category: Nitrogen

Casco Bay is a No Discharge Area (NDA)

Casco Bay is a federally-designated No Discharge Area, which means it is illegal to release blackwater (raw or treated sewage) from any vessel into the Bay. All boats in Casco Bay must hold their blackwater until it can be removed at a pumpout facility. It is also illegal for any vessel to discharge graywater (shower, sink, or onboard laundry water) that is mixed with blackwater. 

Smaller boats without an onboard toilet are not exempt from the No Discharge Area rules, and must collect blackwater and human waste to be disposed of at facilities on land. Some boaters keep an emergency bucket onboard for such situations.

A Note on Graywater

Graywater is wastewater from a boat’s showers, sinks, or onboard laundry. While recreational vessels (specifically, vessels that carry fewer than 250 passengers) are legally permitted to discharge graywater (when not combined with blackwater) into Casco Bay, Friends of Casco Bay does not recommend this practice. Graywater still contains elements that can harm the health of the Bay. We recommend the following practices to reduce the negative impacts of graywater and help keep the Bay clean:

  • If your vessel is large enough, hold your graywater to be pumped-out with your blackwater at a pumpout facility. 
  • When cleaning or doing dishes, use nontoxic and biodegradable cleaners with no phosphorus or nitrogen compounds. Always dilute cleaners to the maximum extent possible. 

Our top 10 moments of 2020

As this very odd year comes to a close, let’s celebrate the large and small ways our community helped us protect the health of Casco Bay in 2020. Here are our top ten for the year:

1.) On December 2, the Maine Climate Council released its four-year Climate Action Plan, “Maine Won’t Wait.” We are heartened that the plan sets a roadmap for achieving carbon neutrality in Maine by 2045 and includes important mitigation measures to help coastal communities adapt to looming changes.

2.) Our volunteer Water Reporters were chosen as CommUNITY Champions. More than 240 volunteers are helping us keep watch over the health of the Bay.

3.) Gulf of Maine Poet Gary Lawless wrote the poem, “For Casco Bay, For Us,” in honor of our 30th anniversary. You can read the poem here and hear Gary read it at our Celebrating Water event in July, hosted by Executive Director Cathy Ramsdell.

4.) The South Portland City Council passed a groundbreaking fertilizer ordinance to promote soil health and to protect Casco Bay from nitrogen pollution.

5.) In October, Staff Scientist Mike Doan and Casco Baykeeper Ivy Frignoca shared what they saw on the Bay this field season during What Casco Bay is Telling Us: A Casco Bay Matters Event.  Ivy also hosted a Casco Bay Matters event earlier this year about the Maine Climate Council.

6.) Knack Factory made this short documentary about our work in honor of our 30th anniversary. If you liked that film, watch this behind the scenes montage about how it was made!

7.) We were delighted that Royal River Conservation Trust selected Executive Director Cathy Ramsdell and Friends of Casco Bay as recipients of their Conservation Champion Award.

8.) On Facebook, this huge lion’s mane jellyfish and this beautiful rainbow were our two most shared images from this year.

9.) We launched the public phase of our $1.5 million Climate Change and Casco Bay Fund. We are now less than $15,000 from crossing the finish line! And we will soon be launching two more continuous monitoring stations, thanks to the Fund!

10.) While we couldn’t celebrate our 30th anniversary in person, we were honored to have these community partners reflect on our success over the past three decades. We also took a trip down memory lane by scrolling through this timeline of our biggest victories and milestones.

We look forward to keeping you updated in the New Year. Thank you for being a Friend of Casco Bay.

More good news for the Bay

Nuisance algal blooms, such as the one seen this summer along the Fore River in South Portland, can be caused by excess nitrogen. These blooms can degrade water quality and create conditions that worsen coastal acidification.

Casco Bay received an early holiday gift: the City of South Portland passed an ordinance to restrict the use of fertilizers in order to encourage soil health and reduce nitrogen pollution into our coastal waters.

Friends of Casco Bay applauds South Portland for taking this first-in-Maine step to protect our marine resources. The ordinance, which updates the City’s groundbreaking pesticide regulations, was passed on November 17. Any fertilizers used must be organic and free from synthetic chemicals, and a soil test is request before any use is allowed. There are special provisions for high performance such as playing fields, and new construction. The ordinance focuses on best practices for promoting soil health.

South Portland began working on this ordinance because nitrogen, which is found in lawn care fertilizers, can be washed downstream into the Bay. Once in marine water, excess nitrogen can cause nuisance and harmful algal blooms, which degrade water quality and create conditions that worsen coastal acidification. Friends of Casco Bay’s water quality data, including sampling for Total Nitrogen and pesticides, have been pivotal for helping the city understand the need to limit the use of lawn care chemicals.

South Portland’s City Council appointed Executive Director Cathy Ramsdell to the Fertilizer Working Group, which was tasked with drafting the protections. For a year-and-a-half, Cathy served alongside local residents, city officials, and landscaping business owners, to develop the ordinance.

“This is great news for the Casco Bay! South Portland has shown tremendous leadership in its efforts to protect our marine resources,” says Cathy, reflecting on the Working Group’s effort. “Whenever we hit a roadblock in the drafting of the ordinance, work group members found a way forward by reminding ourselves of the need protect the health of the Bay and the importance of healthy soils, especially in light of climate change.”

While South Portland’s fertilizer ordinance is the first of its kind in the state, we hope it will not be the last. Local ordinances such as this can lead to changes at regional and statewide levels. The City’s pesticide ordinance, for example, has been used as a template by other municipalities in Maine, including Portland.

As a Friend of the Bay, you probably know that we launched our BayScaping program nearly 20 years ago to help residents and businesses grow green lawns that can help keep Casco Bay blue. We have worked with local residents, Master Gardeners, landscape professionals, and state agencies to encourage the use of ecological approaches to lawn care rather than depending on fertilizers and pesticides. As BayScaping has taken root in our communities, more towns around the Bay have considered ordinances to reduce lawn care chemicals.

Helping municipalities develop ordinances is just one of the many ways Friends of Casco Bay is working to limit nitrogen pollution in the Bay. We continue to work with federal, state, and local officials to reduce sewer overflows, address stormwater pollution, and enforce the Bay’s No Discharge Area status.

Following the East End Wastewater Treatment Plant’s sewage spill closely

Friends of Casco Bay has been following the East End Wastewater Treatment Plant’s sewage spill closely. 

On Sunday, July 19, a power outage and a failed backup generator at the treatment plant led to the discharged nearly four million gallons of partially treated wastewater into Casco Bay, near East End Beach in Portland. 

On Sunday, upon finding out about the release of sewage into the Bay, Casco Baykeeper Ivy Frignoca was in contact with Portland Water District, who operates the plant. She then followed up with the Maine Healthy Beaches Program, which conducts bacteria sampling to protect public health at East End Beach. 

Portland Water District has submitted a report to the Maine Department of Environmental Protection (DEP), as required, within five days of the incident. Under the Clean Water Act, DEP has enforcement authority and will conduct its own investigation into the spill. When a similar spill occurred in 2018, DEP leveraged a penalty and corrective action.

Friends of Casco Bay will continue to track this incident from beginning to end. 

Ivy was asked by a reporter to help put this spill in context. We are concerned about acute incidents such as this, especially given the size of the spill. Casco Bay suffers, too, from the chronic problem of combined sewer overflows. For example, in 2016, nearly 69 million gallons of stormwater mixed with raw sewage, debris and polluted runoff flowed into Back Cove, Portland Harbor and other local waterways following a 4-inch rainstorm.

 

Reducing a large source of pollution into the Bay

After a rainstorm, millions of gallons of polluted stormwater pour into Casco Bay.A wedge of dirty brown water floating on Casco Bay after a hard rain makes it is easy to understand that stormwater is one of the largest sources of pollution to our coastal waters. Stormwater can wash fertilizer, oil, pesticides, dirt, bacteria and other pollutants into our coastal waters. After one heavy rainstorm, we found a wedge of polluted stormwater 18 feet deep floating on top of seawater in Portland Harbor. Some of that polluted water flows into the Bay through storm drains, pipes, and ditches maintained by municipalities.

Over the next five years, many of the larger municipalities in the Casco Bay watershed will try to significantly reduce stormwater pollution. The Maine Department of Environmental Protection issues a new permit every five years to regulate pollution from municipal separate storm sewer systems. In each new permit cycle, the intent is to make communities more effective at reducing stormwater pollution.

Casco Baykeeper Ivy Frignoca is especially excited about two new provisions in the draft permit that regulates pollution from municipal separate storm sewer systems—MS4s for short.

Says Ivy, “Under the proposed permit, municipalities must test their stormwater outfalls for bacteria and other pollutants—and if found, they must trace them back to the source and work to eliminate the pollutants. Second, if a stormwater system discharges into an urban impaired stream listed in the permit, the municipality must identify ways it will reduce pollution, both through structural changes to treat stormwater and nonstructural changes, which could include adoption of an ordinance to restrict and reduce the use of fertilizers.”

Fred Dillon, South Portland Stormwater Program Coordinator, and Casco Baykeeper Ivy Frignoca test for bacteria in a municipal stormwater pipe in the Willard Beach neighborhood. [Photo taken last summer.]
Our Casco Baykeeper commented on many preliminary drafts of the new MS4 permit. She also met with state and town officials many times to discuss permit terms. Says Ivy, “We are gratified that our towns and cities worked with us and agreed to take these measures to improve and protect the waters we cherish and rely on.”

Fred Dillon, South Portland’s Stormwater Program Coordinator, reflects, “Ivy and Friends of Casco Bay were instrumental in helping MS4 communities step up our water resource protection efforts while also ensuring we have the adequate funding to do so.” South Portland is one of the communities around Casco Bay regulated under the general MS4 permit, along with Cape Elizabeth, Cumberland, Falmouth, Freeport, Portland, Scarborough, Westbrook, and Yarmouth.

Flushable wipes are not flushable

With toilet paper currently in short supply, there is a looming problem that threatens cities, towns, and water districts. So-called flushable wipes are clogging sewer systems.

Flushable wipes are NOT flushable.

Friends of Casco Bay has worked with the Portland Water District to educate the community that “flushables” actually are not flushable; they do not disappear innocuously down the toilet. Many consumers find, to their chagrin, that these products can cause sewage backups inside their homes. Nonflushables clog the pipes leading to sewage treatment plants. The resulting debris must be removed manually. The money that this costs taxpayers, rate payers, and homeowners, to repair these problems would be better spent on other municipal upgrades and improvements.

Even tissues do not break down the same way as toilet paper. See News Center Maine’s interview with Portland Water District on this topic here.

Dreaming of a green yard…and a blue Bay

BayScaping helps you grow green yards that keep Casco Bay blue. By being a BayScaper, you can help keep pesticides and fertilizers from polluting the Bay.

While there is snow on the ground when you really want to be digging in the garden, you can spend some carefree hours creating a beautiful BayScape in your mind!

You can incorporate ecological lawn care strategies into planning a new look for your yard, one that will require less maintenance and less expense than the outdated, overrated, “perfect” lawn of old.

 

Reflect on what you have now and design your ideal yard

Ask yourself, “What would I like my yard to do for me?” Are there areas of your lawn that demand more attention, maintenance, or chemicals than you would like? Are there views from inside your home that you could enhance by planting different vegetation? Do you want to attract birds and pollinators?

Sketch a map of your yard and its features, preferably on graph paper. Include:

  • Buildings, driveway, walkways, and borders: neighboring yards, brook, street
  • Garden beds, water gardens, lawns, trees, and shrubs
  • Current uses, such as, sitting areas, playscapes, sports areas, gardening work areas, or vistas for visual enjoyment

Highlight with yellow marker those areas of your lawn where you have turf challenges: areas that receive little sunlight, experience heavy foot traffic, or are poorly drained.  Perhaps you should think of alternatives to grass such as patios of permeable paving stones or ground cover such as bunchberry, partridgeberry, or Canada mayflower. In wet areas, consider placing rain barrels, rain gardens, or bushes that can help prevent runoff.

Now create another map that includes all those elements you would like to have in your yard.

 

Ask the experts

Bring your ideal yard map to a nursery or garden supply store to learn more about native plants, low maintenance grass seed mixes, and ecological lawn care. The staff will appreciate the company, they will have more time to brainstorm with you, and you may appreciate being around lush greenery.

 

DON’T pile snow on the lawn

This promotes snow mold disease in the grass.

 

DO put a BayScaper sign in your yard

Come by our office and pick up a free sign that announces to your neighbors that a green yard and a blue Bay will be the “in” colors for Spring! Request a BayScaper informational packet, a yard sign, or a presentation for a neighborhood association or garden club within the coastal Casco Bay area.

Reach us at Friends of Casco Bay, 43 Slocum Drive, South Portland, keeper [at] cascobay [dot] org, or (207) 799-8574.

Friends of Casco Bay Testimony in Support of LD 1832: An Act To Ensure Adequate Funding for the Maine Pollutant Discharge Elimination System and Waste Discharge Licensing Program

January 15, 2020

Senator Brownie Carson
Representative Ralph Tucker
Environment and Natural Resources Committee
c/o Legislative Information Office 100 State House Station Augusta, ME 04333
ENR [at] legislature [dot] maine [dot] gov

Re: Friends of Casco Bay Testimony in Support of LD 1832: An Act To Ensure Adequate Funding for the Maine Pollutant Discharge Elimination System and Waste Discharge Licensing Program

Dear Senator Carson, Representative Tucker, and Distinguished Members of the Environment and Natural Resources Committee,

Friends of Casco Bay offers the following testimony in support of LD 1832: An Act To Ensure Adequate Funding for the Maine Pollutant Discharge Elimination System (MEPDES) and Waste Discharge Licensing (WDL) Program. This funding is critical to Maine’s continued success in improving and protecting the health of its waters for sustenance, commerce, recreation, and solace.
For 30 years, Friends of Casco Bay has worked to improve and protect the health of Casco Bay. During our tenure, we have advocated for and witnessed improved water quality through the MEPDES permit program. Here are three examples:

  • MEPDES permits have reduced bacteria and toxic pollutant loads to Casco Bay and its tributaries, resulting in healthier waters for fishing and recreation.
  • Recent permits have required sewage treatment facilities that discharge into Casco Bay to test for nitrogen and, in some instances, reduce nitrogen loads to Casco Bay. Excess nitrogen can fertilize large blooms of macro-algae that smother marine life and harmful micro-algal blooms that can close areas to harvesting and aquaculture. As the blooms die, they release carbon dioxide, which mixes with sea water to make it more acidic. This process is known as coastal acidification. The East End wastewater treatment facility in Portland has seasonally reduced its nitrogen load by an average of 64-70% over the past two years. Eelgrass beds near the discharge pipe are beginning to rebound and an algal bloom that had been present in outer Back Cove disappeared.
  • In the near future, we hope to see more stringent terms in the general permit that regulates stormwater discharges from municipal separate storm sewer systems (MS4 permit). The comment period on the draft MS4 permit recently closed. Based on the draft, the new MS4 permit likely will include testing for certain pollutants in the storm water system to eliminate sources and also measures to help restore urban impaired streams.

This level of success cannot continue without adequate funding and staffing at DEP. The funding requested in LD 1832 represents a fraction of the budget needed to run the MEPDES program and a wise investment to improve and protect the waters that form a backbone of our economy and way of life.

The MEPDES program and its role in restoring and protecting Maine waters: Senator Edmund Muskie introduced the Clean Water Act of 1972 (CWA). He knew firsthand that Maine’s rivers and coastal waters were fouled with industrial chemicals that made people sick and poisoned waters for drinking, fishing and swimming. The CWA created the national pollutant discharge elimination system (NPDES) program. That program makes it illegal for facilities (known as point sources) to discharge pollutants to waters of the United States without a permit. The permit limits the amount of pollutants that can be discharged, in order to maintain or restore water quality; it is illegal to degrade water quality. NPDES permits are issued for 5 year terms, allowing regulators to adjust limits based on new technology or new water quality issues. The CWA also allows for enforcement when permit terms are violated.

The CWA authorizes EPA to delegate its authority to states to run the NPDES program, subject to federal oversight. If a state does not run its program effectively, EPA can take back control.

In April 2000, EPA delegated its NPDES authority to Maine’s Department of Environmental Protection (DEP). Our program became known as the MEPDES permit program.

The Memorandum of Agreement authorizing this delegation of authority requires Maine to process permits in a timely manner, comprehensively evaluate and assess compliance, take vigorous and timely enforcement actions, maintain effective pretreatment programs, and issue annual reports to EPA. To fulfill the terms of this agreement, DEP must have adequate staff and funding.

Why a fee increase is needed: To fulfill the terms of this agreement, DEP must have adequate staff and funding to administer the approximately 940 MEPDES permits it issues to about 400 point source discharges, 500 facilities under the Industrial Stormwater Multi-Sector General Permit (MSGP), and 40 entities licensed under the MS4 general permit.

The legislature has not approved a fee increase since 2008. Maine needs these license fees to partially fund the MEPDES program.

According to DEP, it has only 28 core staff (Full Time Equivalents – FTEs) to cover licensing, compliance/technical assistance, enforcement, administration, data management, and the water quality monitoring/modeling inherent to the MEPDES program. Only 6 of those positions are funded by licensing fees. The other 22 positions are funded by federal grants, state general fund, and State Revolving Fund administrative revenue. Two of the federally funded positions (enforcement and permitting) have been held vacant for several years due to a projected shortfall in a federal water grant account. This has led to a backlog of enforcement cases and delays in licensing. In addition, a stormwater inspector position that is funded by stormwater license fees has been held vacant due to insufficient revenue to fill the position.

LD 1832 seeks a 40% across the board fee increase to keep the MEPDES program solvent through FY 2026. Based on conversations with DEP officials, it appears that the State has done what it can to minimize fee increases and to not shift undue financial burden to permittees, which includes municipalities. This investment in clean water may appear difficult but is a modest fee increase when compared to the expenses of restoring impaired waters and the possibility of losing our delegated authority to run the MEPDES program, if the State is unable to fulfill its obligations.

For these reasons, we urge you to vote that LD 1832 ought to pass.

Respectfully submitted,

Ivy L. Frignoca, Casco Baykeeper
Friends of Casco Bay
43 Slocum Drive
South Portland, ME 04106
Office: (207) 799-8574 ext. 202
Cell: (207) 831-3067
ifrignoca [at] cascobay [dot] org

Cc: Sabrina Carey

Three decades of success – the impact of Friends of Casco Bay

Friends of Casco Bay has a long history of success. Since our founding in 1989, our work-with, science-based approach has moved the needle toward a healthier, more protected Bay.

  • We championed a halt to cruise ship pollution and won a No Discharge Area designation for Casco Bay, the first in Maine.
  • We have secured better long-term protection through Clean Water Act classification upgrades for three areas of Casco Bay, ensuring stricter, permanent pollution restrictions.
  • Our water quality data are sent to Congress every two years; the Maine Department of Environmental Protection uses our data in its Clean Water Act biennial reporting to Congress and would not be in compliance without it.
  • We advocated for Portland to get back on track—and we continue to push to keep efforts on track— to fulfill its court-ordered agreement to clean up and eliminate dozens of combined sewer overflows, reducing the amount of raw sewage flowing into the Bay.
  • We are leading the call to reduce nitrogen discharges into our coastal waters. We forged an agreement with Portland Water District, which set a goal of reducing nitrogen coming out of the East End Wastewater Treatment Facility. During the summer of 2018, they reduced nitrogen levels by 70%, on average.
  • Our data and advocacy inspired South Portland and Portland to pass the strictest ordinances in the state to reduce pollution from pesticides. Harpswell also passed a pesticide ordinance with our input, and other communities are considering similar restrictions.
  • We convinced the legislature to form an Ocean Acidification Commission to investigate and make policy recommendations to address our acidifying waters.
  • We helped form the Maine Ocean and Coastal Acidification Partnership (MOCA) to coordinate the work of researchers, government officials, and advocates to reduce acidification and address climate change. Our Casco Baykeeper currently serves as the coordinator of MOCA.
  • We successfully advocated for Portland to pass an ordinance designed to discourage single-use bags in favor of reusable ones. The bag ordinance, in turn, inspired Brunswick, Cape Elizabeth, Falmouth, Freeport, South Portland, and eight other towns in the state to pass similar laws. We also won a polystyrene (e.g. Styrofoam) ban in Portland.
  • Our BayScaping Program is teaching thousands of residents and landscaping professionals to grow green lawns that keep Casco Bay blue; this is the model for the state of Maine’s YardScaping Program.
  • Our Casco Bay Curriculum has reached an estimated 17,500 students. We help teachers incorporate our monitoring data into their classroom activities. We have provided professional development courses for more than 700 teachers.
  • We fought to improve the S.D.Warren (now SAPPI) paper mill’s Clean Water Act discharge permit, significantly cutting the pollution released into our waters.
  • We helped lead the response to the largest oil spill in Maine history, the Julie N, and assisted responders in recovering an unprecedented 78% of the spilled oil (a 15-20% recovery is considered a success).
  • We were a founding member of Waterkeeper Alliance in 1999, a network that has grown to include over 300 Baykeepers, Riverkeepers, and other Waterkeepers

A special Season’s Greetings to you

Amid the delights and demands of the Holidays, we pause here to thank you and all our volunteers, donors, and supporters. You play a crucial role in our ability to monitor the environmental health of Casco Bay, engage community members to be good stewards, and protect our coastal waters from pollution. May the serenity of the season find its way into your heart—along with our gratitude!

We look forward to meeting the challenges ahead in the New Year, confident that with the support of Friends like you, we will forge ahead toward a healthier Casco Bay.

Warmest regards,

Cathy L. Ramsdell, CPA
Executive Director

Did you see our top 10 stories of 2019?

Let’s walk down Memory Lane together to recall our most popular stories of the year, based on your visits to our website and our social media interactions:

  • You answered the call when Casco Bay needed your voice. We asked our supporters to urge the Maine Legislature’s Committee on Marine Resources to pass a bill to create a Climate Change and Ocean Acidification Commission. Ultimately, our bill was incorporated into the Governor’s comprehensive climate change bill, which passed with strong bipartisan support.
  • Maine takes a BIG step forward to address climate change. Our Casco Baykeeper Ivy Frignoca was appointed to serve on the Coastal and Marine Working Group of the newly-created Maine Climate Council.
  • Casco Bay Temperature Extremes Whenever Research Associate Mike Doan is asked, “What were the highest and the lowest water temperatures this year?” he directs folks to our Continuous Monitoring Station data, which document water conditions in the Bay on a daily, monthly, and yearly basis.
  • Our new pumpout boat is taking care of business. More than 100 friends cheered the christening and launch of Headmaster, the new pumpout boat specially built for Friends of Casco Bay.
  • Have you seen this fin? It’s not a shark! Several boaters on the Bay encountered Mola mola, or ocean sunfish, this summer.
  • Casco Bay Matters More than 380 people attended our presentations on Climate Change, Ocean Acidification, and You. If you missed our Casco Bay Matters presentations, you can see the series of three videos on our YouTube channel.
  • BEE a BayScaper! Jane Benesch’s yard attracts butterflies and bees — and neighbors who stop to admire her flower beds, vegetable gardens, tiny lawn — and her BayScaper sign.
  • Hosting so many service days with local companies this year is great for Casco Bay. Friends of Casco Bay led 22 coastal cleanups this summer. Remarked Community Engagement Coordinator Sarah Lyman, “Still, we always found plenty of debris to pick up!”
  • Keep pet waste out of the Bay! While we were examining a pollution incident in Cumberland, we came across a pile of dog poop bags at the outfall of a storm drain. When pet lovers toss poop bags into a storm drain, they are not doing the Bay any favors.
  • Water Reporters report in about #sealevelrise. Volunteer Water Reporters were out taking photos of the high tides to document flooded streets and eroding coastlines — warning signs of sea level rise.

We look forward to keeping you updated in the New Year. Our emails will help you stay on top of news about Casco Bay in 2020, including our 30th anniversary celebration on April 29, 2020, at Ocean Gateway in Portland. Mark your calendar and save the date!