We look forward to Water Reporter posts continuing to come in throughout the fall and winter, when we will be on the lookout for any unusual algal blooms, effects of large rainstorms or snowstorms on the Bay, and extreme high tides, called King Tides. The more of us who are keeping watch on the health of the Bay, the better protected our waters may be.
On July 1, Portland’s Pesticide Use Ordinance goes into effect for public properties. (In January, 2019, restrictions on applying synthetic pesticides on private property will go into effect.)
We asked City Arborist Jeff Tarling how the Parks Department may manage the City’s 721 acres of parks, playgrounds, trails, fields, and cemeteries differently. “This ordinance gives our staff opportunities to manage nature respectfully, to preserve and adapt to nature, rather than trying to control it.” Mowing high, replacing lawn with meadow, and planting native shrubs and trees are actions Jeff recommends for public and private properties.
Removing invasive plants mechanically, not chemically, is a hands-on approach Jeff endorses. Jeff showed Executive Director Cathy Ramsdell a long row of native trees and shrubs that students from King Middle School had just planted as a coastal buffer along the Back Cove parking lot. As he talked, he couldn’t resist pulling out invasive bittersweet that was overtaking other vegetation along the path.
Jeff explained that the Parks Department has assembled a “watch list” of invasive plants in their parks, which they plan to remove by hand over time, not by spraying with pesticides.
Cathy was a member of the task force that helped to shape the pesticide ordinance. She says, “As the whole community becomes more aware of the need to reduce the use of pesticides and fertilizers, it will reduce the likelihood that lawn chemicals will move off the landscape and into the Bay.”
As always, Casco Baykeeper Ivy Frignoca has been on the move, working across Casco Bay, the state—and the nation—on efforts to protect the environmental health of Casco Bay.
A peek into her appointment calendar shows some of the highlights so far this year, as she continued to track Legislative issues and to comment on proposed wastewater and stormwater discharge permits that the Department of Environmental Protection issues to municipalities.
I became coordinator of the Maine Ocean and Coastal Acidification Partnership (MOCA) for 2018.
I will help coordinate research and advocacy on ocean acidification with a strong statewide network of policy makers, fishermen, shellfish growers, and scientists. This year-long role supports our work examining coastal acidification and excess nitrogen.
I invited Portland’s Water Resources Manager, Nancy Gallinaro, and Portland Water District’s Director of Wastewater Services, Scott Firmin, to travel with me to meet the new Environmental Protection Agency (EPA) Region 1 Administrator, Alexandra Dapolito Dunn. We highlighted our joint efforts to reduce nitrogen pollution, combined sewer overflows, and stormwater pollution to Casco Bay. I shared our data showing the impacts of climate change on Casco Bay.
Administrator Dunn accepted our invitation to come to Maine in June to attend a meeting of the Maine Nutrient Council, a group convened by Casco Bay Estuary Partnership. Afterward, Administrator Dunn will tour the Bay on our Baykeeper boat, a great opportunity for a close-up view of issues that threaten the water quality of Casco Bay.
I traveled to Washington, DC, at the invitation of Ocean Conservancy, to meet with our Congressional delegation and ask for full funding for the National Oceanic and Atmospheric Administration and the EPA. The measures we pressed for passed in the omnibus budget!
Back in Maine, I submitted comments opposing offshore drilling and then attended a meeting hosted by the Bureau of Ocean and Energy Management, to voice Friends of Casco Bay’s opposition to offshore drilling. I supported a resolve that was passed unanimously by our state legislature expressing its opposition to offshore drilling.
I testified at a public hearing as we worked to swiftly defeat a bill that would have practically eliminated the ability of municipalities to pass pesticide ordinances. If you contacted legislators after receiving our email alert about this issue, thank you! The bill was defeated!
I traveled to New Hampshire to attend a meeting of experts concerned about the rise in harmful algal blooms throughout the region, so we could learn more about new species appearing in Casco Bay.
I attended a meeting in West Bath, which drew together people who live and work along the New Meadows River, to discuss how expanding efforts in aquaculture may figure into the many uses of the estuary.
Research Associate Mike Doan gave Kate Simpson and Kayla McMurray, staffers for Senator Susan Collins, a ride to our Continuous Monitoring Station in Yarmouth. I met them at our “Cage of Science” as we demonstrated how we use technology to monitor the Bay hourly, 365 days a year. We explained that though we do not receive funding directly from the EPA, the Agency has a vital role in advising state regulators on strategies to reduce pollution, funding other research, and enforcing the Clean Water Act. This work helps us all protect the environmental health of Casco Bay.
The Portland Water District (PWD) hosted a ribbon-cutting ceremony to celebrate the completion of the massive, $12 million project that upgraded the aeration system at the East End Wastewater Treatment Facility. This improvement could ultimately reduce nitrogen in the treated sewage released into the Bay by up to 1000 lbs. a day! PWD’s General Manager Carrie Lewis recognized our contribution “to understanding the issues affecting Casco Bay and make positive contributions towards collaborative solutions.”
The Maine Ocean and Coastal Acidification Partnership (MOCA) is a volunteer partnership that seeks to coordinate the work of governmental agencies and private organizations and citizens who are studying and implementing means to reduce the impacts of or help adapt to ocean and coastal acidification.
With my colleagues in the MOCA Partnership, I hosted a workshop for nearly 60 scientists, harvesters, policy makers, and advocates on What We Know about Ocean Acidification and Maine’s Lobsters. The event at Bowdoin College featured current research on the effects of climate change on lobsters and emphasized the need for ecosystem-level, long-term studies.
As the year progresses, I look forward to continuing to keep you updated on the biggest issues affecting the health of the waters we all love.
March 21, 2018
Senator Paul Davis
Representative Danny Martin
State and Local Government Committee
c/o Legislative Information Office 100 State House Station Augusta, ME 04333
Re: Friends of Casco Bay Testimony in Opposition to LD 1853: An Act To Ensure the Safe and Consistent Regulation of Pesticides throughout the State by Providing Exemptions to Municipal Ordinances That Regulate Pesticides
Dear Senator Davis, Representative Martin, and Distinguished Members of the State and Local Government Committee:
Please accept this letter as the testimony of Friends of Casco Bay in opposition to LD 1853: An Act To Ensure the Safe and Consistent Regulation of Pesticides throughout the State by Providing Exemptions to Municipal Ordinances That Regulate Pesticides. Friends of Casco Bay is a marine stewardship organization formed over a quarter century ago to improve and protect the environmental health of Casco Bay. Our work involves education, advocacy, water quality monitoring, and collaborative partnerships.
A year ago we submitted testimony similar to today’s testimony, opposing LD 1505: An Act To Create Consistency in the Regulation of Pesticides, a bill that would have eliminated municipal Home Rule to pass or implement pesticide-related ordinances. Although LD 1853 differs from LD 1505 by not explicitly referring to Home Rule, it implicitly guts it. LD 1853 provides that municipal pesticide ordinances cannot apply: (1) to commercial applicators and spray contracting firms or (2) to private applicators when the private applicators are producing agricultural or horticultural commodities. Horticulture means “the science and art of growing fruits, vegetables, flowers, or ornamental plants.” Horticulture is: “[t]hat branch of agriculture concerned with growing plants that are used by people for food, for medicinal purposes, and for aesthetic gratification.”
LD 1853 in essence removes the right of municipalities to pass pesticide ordinances for virtually any purpose. No ordinance can apply to commercial applicators. Nor can an ordinance apply to home applicators for basically any conceivable purpose, including weed-free lawns maintained for “aesthetic gratification.” For this reason, we respectfully request that this Committee unanimously recommend that LD 1853 ought not to pass, the same recommendation that it made for LD 1505.
PESTICIDES IN CASCO BAY
Our previous testimony, attached as Exhibit A, details the sampling Friends of Casco Bay conducted to detect the presence or absence of pesticides in stormwater that flows into Casco Bay. In summary, over 8 years, our research identified 10 different pesticides at 14 locations around the Bay. None of the pesticides are listed as safe for use in marine environments. For example, these six toxic pesticides were detected:
2, 4-D: banned in five countries, this herbicide is toxic to aquatic invertebrates and may be linked to non-Hodgkins lymphoma in humans.
Clopyralid: this herbicide has been linked to birth defects in animals.
Diazinon: banned from being sold to U.S. consumers but still legal for use, this insecticide has a high aquatic toxicity and is linked to reproductive problems.
Dicamba: found in groundwater throughout the U.S., this herbicide is toxic to fish and zooplankton.
MCPP: along with 2, 4-D, this herbicide is in the same family of chemicals as Agent Orange and is highly toxic to bay shrimp.
Propiconazole: this fungicide is a possible carcinogen.
Consistent with our mission to improve and protect the environmental health of Casco Bay, we strongly believe these substances should not be discharged into our marine waters.
MAINE MUNCIPAL PESTICIDES ORDINANCES
The Maine Constitution grants Home Rule to municipalities. Home Rule allows municipalities to exercise any power or function that the Legislature confers upon them, and that is not denied expressly or by clear implication. With respect to pesticide ordinances, the Legislature requires a municipality to notify the Maine Board of Pesticide Control (BPC) when it intends to adopt an ordinance. In turn, the BPC must maintain a list of all municipal ordinances that specifically apply to pesticide storage, distribution or use. Municipalities adopt ordinances through considerable public process. For example, Friends of Casco Bay’s Executive Director, Cathy Ramsdell, served for nearly a year on a task force that helped Portland shape its recently enacted pesticide ordinance.
As a result of this very thoughtful process, 29 of Maine’s nearly 500 municipalities have enacted ordinances that narrowly restrict pesticide use to meet local needs. It should be noted that none of these municipal ordinances out-right ban the use of pesticides. Here are some examples relevant to Casco Bay:
Brunswick prohibits use or storage of most pesticides other than for households and agriculture within the aquifer protection zone. The town also prohibits aerial applications other than public health applications performed under the auspices of the Town or State. Exceptions may be approved by Codes Enforcement Officer.
Harpswell prohibits the use of the insect growth regulators (IGRs) diflubenzuron and tebufenozide and the aerial application of all IGRs and any insecticide whose product label indicates that it is harmful to aquatic invertebrates. The town also restricts the use of neonicotinoid insecticides.
New Gloucester requires application to be consistent with DCAF standards.
Portland’s recently enacted ordinance will restrict the use of synthetic pesticides for all public and private turf, landscape, and outdoor pest management activities. The ordinance takes effect for City property on July 1, 2018 and for private property on January 1, 2019. There are provisions for emergency exemptions.
South Portland curtails the use of pesticides for turf, landscape and outdoor pest management.
Research revealed no legal challenges to these ordinances. They stand as a proper application of Home Rule and as excellent examples of municipalities crafting more protective regulation than federal and state law to protect the health of local residents, natural resources, and environmental concerns. LD 1853 should not be allowed to eviscerate this proper and necessary exercise of Home Rule.
For the reasons set forth above and in our prior testimony, we reiterate our request that this Committee unanimously recommend that LD 1853 ought not to pass.
Ivy L. Frignoca
Friends of Casco Bay
CC: Jennifer Hall, Clerk
 See Friends of Casco Bay Testimony Oppose LD 1505, https://www.cascobay.org/wp-content/uploads/2018/03/05012017-FOCB-Testimony-Oppose-LD-1505-Final.pdf
 Merriam Webster Dictionary, https://www.merriam-webster.com/dictionary/horticulture.
 Maine Constitution, Art. VIII, pt. 2, § 1.
 CMP v. Town of Lebanon, 571 A.2d 1189, 1192 (ME 1990); 30-A MRSA § 3001.
 22 MRSA § 1471-U.
 See e.g. 30-A MRSA §§ 3001 et seq.
January 9, 2018
Senator James Hamper
Representative Drew Gattine
Committee on Appropriations and Financial Affairs
c/o Office of Fiscal and Program Review
5 State House Station
Augusta, ME 04333
Re: Friends of Casco Bay Testimony in Support of LD 178: An Act To Authorize a General Fund Bond Issue To Provide Jobs, Improve Road Infrastructure and Protect Water Resources
Dear Senator Hamper, Representative Gattine and Distinguished Members of the Committee on Appropriations and Financial Affairs,
Friends of Casco Bay submits this letter in support of LD 178: An Act To Authorize a General Fund Bond Issue To Provide Jobs, Improve Road Infrastructure and Protect Water Resources. We respectfully request that the committee unanimously recommend that LD 178 “Ought to Pass.”
Friends of Casco Bay is a nonprofit organization committed to protecting and improving the water quality of Casco Bay. We have several thousand members and volunteers who rely upon Casco Bay for their livelihoods, recreation, and solace. For over a quarter century, we have monitored the health of Casco Bay and advocated for solutions that eliminate or reduce nonpoint source pollution (NPS) to the Bay.
NPS pollution occurs when rain or snowmelt flows over land, picks up contaminants, and drains into waterways. NPS pollutants can include contaminated sediments, petroleum products from roads, fertilizers, pesticides, and other pollutants. Nonpoint source flows are the largest source of pollution to coastal Maine waters, and Casco Bay receives significant loads of NPS pollution.
Between 2001 and 2009, we collected rainwater flowing directly into the Bay and analyzed the samples for pesticides. Our goal was to determine “presence” or “absence” of pesticides. Lab results identified 10 different pesticides in 14 locations around the Bay.
In 2014, we collected samples from the mouth of the Presumpscot River during a dry weather flow, a medium rain event, and an intense rain event. In comparison to the dry weather flow, the intense rain event delivered large loads of bacteria, suspended solids, and nitrogen. E.coli during dry weather was detected in trace amounts. Right after the intense rain event, E.coli measured 170 colony forming units (CFU) per 100 ml*. Total suspended solids (TSS) during the dry event measured 3.6 mg/L. After intense rain, TSS measured 60 mg/L**. Total nitrogen measured at .32 mg/L during dry weather and increased to .70 mg/L after the intense rain event.***
The photo below shows a stormwater plume draining into Casco Bay with its brown load of sediment and other pollutants.
“We do have issues when it rains,” Keri Kaczor, Maine Healthy Beaches Coordinator said in 2014. “We have a lot of water in Maine, with the rivers, the streams and the storm drains bringing pollutants from upland areas to the sea. When we have a wet beach season, we have problems.”****
This $5,000,000 bond will fund cost sharing of at least 50% on projects that correct downstream pollution issues through improved upstream stormwater management. Friends of Casco Bay supports this bond because, as our data show, Casco Bay is a downstream water that receives NPS pollution.
Most NPS pollution is not regulated under the Clean Water Act. Instead, Section 319 of the Act provides limited federal funding to reduce NPS pollution. That funding alone is insufficient. State funds must supplement it.
LD 178 fulfills that purpose; it provides funding to reduce upstream sources that negatively impact downstream receiving waters such as Casco Bay. Friends of Casco Bay respectfully requests that the Committee unanimously recommend that LD 178 “Ought to Pass.”
Thank you for considering our testimony.
Ivy L. Frignoca
Friends of Casco Bay
CC: Marianne MacMaster
*E. coli is a specific species of fecal coliform bacteria. It is the best indicator of fecal pollution in fresh water. In
Maine, E. coli levels at designated swimming beaches should not exceed 104 CFU per 100 ml.
**Total suspended solids (TSS) measures the turbidity of the water. Suspended solids cause water to look milky or
muddy as light scatters from very small particles in the water.
*** For purposes of evaluating harmful impacts of nitrogen to marine waters, DEP considers .32 mg/L of nitrogen as
having the reasonable potential to negatively impact eelgrass habitat and .45 mg/L as having the reasonable potential
to negatively impact dissolved oxygen levels.
In many instances, the improvements needed to wastewater treatment facilities cost more than municipal taxpayers can bear. State and federal funds have traditionally supplemented and must continue to supplement municipal budgets to improve and protect water quality in compliance with the Clean Water Act.
Imagine if we could remove 500 to 1,000 pounds of excess nitrogen from the Bay each day. An historic effort by Portland Water District may do just that!
After nearly a year of work, the Portland Water District and Friends of Casco Bay developed an agreement aimed at reducing nitrogen pollution from sewage effluent. The collaboration helped the Maine Department of Environmental Protection (DEP) develop a 139-page,
five-year permit for the City of Portland’s East End Wastewater Treatment Facility, which is managed by the Water District, that will better protect water quality. The permit was issued on March 22, 2017.
The $12 million upgrade to the plant’s aeration system may help reduce nitrogen in the plant’s effluent waters by 500 to 1,000 pounds each day!
The aim is to reduce nitrogen loading in the discharges from the plant by 20-40% within five years. This is the first wastewater discharge permit in Maine to address nitrogen levels and is now a model for other communities.
A History of Our Work to Reduce Nitrogen in Casco Bay
In 2007, Friends of Casco Bay helped persuade the Maine Legislature to pass a law requiring the Maine DEP to establish a limit on how much nitrogen may be discharged into coastal waters. Instead of following the Legislature’s lead, DEP has chosen to limit nitrogen permit by permit in Casco Bay. This had led Friends of Casco Bay to work with DEP, municipalities, and businesses, to help set realistic limits on nitrogen in Clean Water Act discharge permits issued to sewage treatment plants and industrial facilities.
We are working with the City of Portland on its Combined Sewer Overflow Remediation Project that will help reduce
nitrogen-laden sewage overflows into the Bay.
Our pumpout boat removes raw sewage—another source of nitrogen—from the holding tanks of recreational boats and transports, for onshore disposal. Contact pumpout [at] cascobay [dot] org.
Our BayScaping program works with residents and municipalities to help keep fertilizers and pesticides from polluting the Bay. We present BayScaping Socials to help neighbors reduce the use of lawn chemicals. With our support, South Portland passed an ordinance to restrict pesticide use, with an assurance to tackle fertilizers next. Executive Director Cathy Ramsdell served on the Portland Pesticide Task Force as that city considers a similar ordinance.
Major changes planned by the Portland Water District promise to help reduce the flow of nitrogen-laden wastewater in a big way. The effluent from 65,000 Portland residents, as well as visitors and commercial facilities in the city, passes through the East End Wastewater Treatment Plant. With a $12-million upgrade to the plant, the Portland Water District aims to reduce nitrogen in the effluent water by 20 to 40% within five years. That could prevent 500 to 1,000 pounds of nitrogen from getting into Casco Bay each day.
Nitrogen is found in sewage, animal waste, fertilizers, rainwater, snow melt, and air pollution from burning fossil fuels. Excess nitrogen in our coastal waters may lead to harmful algal blooms, slime-covered coves, and more acidic conditions, all of which stress our coastal critters.
Water District’s Director of Wastewater Services, worked diligently for nearly a year on an agreement to reduce nitrogen in treated wastewater from the East End sewage treatment plant. The Maine Department of Environmental Protection recently issued a five-year wastewater discharge permit for the plant that incorporates their recommendations. Friends of Casco Bay’s Ivy Frignoca and Portland Water District’s Scott Firmin forged an agreement that aims to significantly reduce nitrogen in the treated wastewater released into Casco Bay from Portland’s East End Wastewater Treatment Facility.
The Portland Water District plans to:
- Work toward major reductions in nitrogen in the treated wastewater it releases into Casco Bay
- Test nitrogen levels in its effluent water weekly to measure progress toward meeting the goal of a 20-40% reduction within five years
- Collaborate with the City of Portland and other stakeholders in a coordinated effort to reduce nitrogen pollution from multiple sources
“We applaud the Portland Water District for its forward-thinking approach that may serve as a model for other Maine communities,” says Ivy. “We still need folks to pick up pet wastes and stop using fertilizers. Individual efforts help keep nitrogen pollution from getting into Casco Bay. What each of us does to help the Bay does make a difference!”
After serving for 8 months on Portland’s Pesticide Task Force, Executive Director Cathy Ramsdell is hopeful that Maine’s largest city ultimately will pass an ordinance to restrict pesticide use. Cathy testified on the issue a meeting of the City Council Sustainability and Transportation Committee on June 21. You can read our testimony which lists the many reasons that Friends of Casco Bay supports the draft Pesticide Ordinance crafted by the Portland Pesticide and Fertilizer Task Force here.
The 12-member task force consisted of a diverse set of stakeholders, including concerned citizens, lawn care professionals, and scientists. While meetings were occasionally tension-filled, the task force came out in support of an ordinance that bans the use of pesticides, both synthetic and organic, on lawns, patios, and driveways, and within 75 feet of water. The draft ordinance would also have Portland form an advisory committee to develop data on pesticide use.
“The draft ordinance is a good start—it doesn’t solve every problem associated with pesticides, but it does takes a good bite out of the apple,” says Cathy.
Stormwater testing by Friends of Casco Bay found pesticides flowing into the Bay in more than a dozen locations. This led to our outreach effort: BayScaping. After nearly two decades of education to reduce the use of pesticides and fertilizers, Maine homeowners still use a large amount of pesticides. That is why we became involved in “grassroots efforts” with local communities to restrict the use of lawn chemicals.
In task force meetings, Cathy saw her role as one of finding common ground between those who wanted outright prohibitions on all pesticide use and applicators who did not want any new restrictions.
“In times like these, it would be easy to be an obstructionist and stop any forward movement,” said Cathy. “For the task force to do its job, though, we had to find common ground. Everyone on the committee agreed that we need to keep these chemicals out of the Bay. The recommended ordinance is a compromise position based on the idea that aesthetic pesticide use to make our lawns look pretty is not the best use of these toxic chemicals, given the risk to our health and the health of the Bay.”
The City Council Sustainability and Transportation Committee now takes up the draft ordinance. The committee will discuss the issue at a workshop on June 26 at 5:30 at City Hall.
You can see the draft ordinance here: https://cascobay.org/wp-content/uploads/2017/06/Pesticide-and-Fertilizer-TF-Report-_-Ordinance.1.pdf