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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

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[1], 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.”[2] 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.”[3]

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.[4] 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.[5] 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.[6] Municipalities adopt ordinances through considerable public process.[7] 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.[8]

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.[9] 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.[10]

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.

Respectfully,

Ivy L. Frignoca
Casco Baykeeper
Friends of Casco Bay

CC: Jennifer Hall, Clerk

 

[1] 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

[2] Merriam Webster Dictionary, https://www.merriam-webster.com/dictionary/horticulture.

[3] https://nifa.usda.gov/sites/default/files/resources/definition_of_specialty_crops.pdf.

[4] Maine Constitution, Art. VIII, pt. 2, § 1.

[5] CMP v. Town of Lebanon, 571 A.2d 1189, 1192 (ME 1990); 30-A MRSA § 3001.

[6] 22 MRSA § 1471-U.

[7] See e.g. 30-A MRSA §§ 3001 et seq.

[8] https://www.cascobay.org/2018/02/06/protecting-bay-pesticides/.

[9] http://www.maine.gov/dacf/php/pesticides/public/municipal_ordinances.shtml.

[10] Id.

After a rainstorm, millions of gallons of polluted stormwater pour into Casco Bay.

Support of LD 178: An Act To Authorize a General Fund Bond Issue To Provide Jobs, Improve Road Infrastructure and Protect Water Resources

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.

Presumscot River Creates a Brown Bay
Brown Rainwater Plume from Presumpscot River overlaying Casco Bay

“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.”****

LD 178:
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.

Sincerely,

Ivy L. Frignoca
Casco Baykeeper
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.

****https://bangordailynews.com/2014/06/26/news/state/maine-ranks-near-bottom-in-latest-national-study-of-beach-
water-quality/.

 

Ivy Frignoca, Casco Baykeeper

Support of LD 1510: An Act To Authorize a General Fund Bond Issue to Fund Wastewater Infrastructure Projects for Ratification by Voters

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.

Read more

Sewage Treatment Plant courtesy of Portland Water District

Historic Agreement to Cut Nitrogen by 20-40%

Sewage Treatment Plant courtesy of Portland Water District
Sewage Treatment Plant courtesy of Portland Water District

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.

Working With . . . the Portland Water District

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.

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!”

MOCA Partners

Working With . . . MOCA Partners

MOCA Partners
The Maine Ocean and Coastal Acidification Partnership (MOCA) is asking – and answering – the hard questions: “Why is ocean acidification happening?” and “What can we do about it?”

Climate researchers have found that the ocean absorbs about 25% to 30% of the carbon dioxide released into the atmosphere from smokestacks and tailpipes. When this excess carbon dioxide mixes with water, it can make the water more acidic. This is called ocean acidification.

More excess carbon dioxide can end up in coastal waters as a result of nitrogen pollution from fertilizers, stormwater runoff, and sewage. This nitrogen overdose stimulates a population explosion of tiny plants called phytoplankton. When these plants die and decay, bacteria consume oxygen and release carbon dioxide in bays and coves. This creates even more acidic conditions for coastal critters. This is called coastal acidification.

Coastal acidification is one more stressor for shellfish species already challenged by other impacts, such as predation by milky ribbon worms and gluttonous green crabs that flourish in warming waters. Red tides and other harmful algal blooms, exacerbated by nitrogen runoff, may close clam flats to shellfish harvesting for weeks or months.

In 2014, Friends of Casco Bay participated in the Maine Ocean Acidification Study Commission, which issued a report to the Legislature in January 2015, recommending many actions to confront this threat to our fisheries, including establishing an ocean and coastal acidification council. Efforts in 2015 to pass a law creating the council failed to garner government support.

Rather than letting a worthwhile idea die, Friends of Casco Bay, the Island Institute, and University of Maine/Maine Sea Grant formed the Maine Ocean and Coastal Acidification Partnership (MOCA) to coordinate the efforts of government agencies, private organizations, and citizens. Since its first meeting in March 2016, MOCA has held two symposia, organized working groups, and met with coastal legislators.

Outreach events and coordinated water monitoring are planned for 2017.

What can you do about coastal acidification?

  • Eliminate the use of fertilizers on your property
  • Make sure your septic system is doing its job
  • Reduce carbon emissions by driving less
  • Support clean energy policies
  • Opt for meatless Mondays – or more. Eating vegan reduces greenhouse gases significantly
  • Find out more actions you can take at here.
Casco Baykeeper Ivy Frignoca and Portland Water District Staff on Baykeeper Boat

A Major Step Toward a Cleaner Casco Bay

Casco Baykeeper Ivy Frignoca and Portland Water District Staff on Baykeeper BoatExcess nitrogen in our coastal waters can lead to harmful algal blooms, slime-covered coves, and more acidic conditions, all of which stress our coastal critters. Where does it come from? Sewage, animal waste, fertilizers, rainwater, snowmelt, and air pollution.

What we flush down the toilets of 65,000 Portland residents, as well as what is flushed through visitor and commercial facilities, passes through the sewage treatment plant that the Portland Water District manages. That treated effluent is a major source of excess nitrogen to Casco Bay.

With a $12 million upgrade to the East End Wastewater Treatment Facility, the Portland Water District aims to reduce nitrogen in effluent water by 20-40% within five years. This effort may prevent 500 to 1,000 pounds of nitrogen from getting into Casco Bay each day.

Casco Baykeeper Ivy Frignoca and Scott Firmin, Portland Water District’s Director of Wastewater Services, worked diligently for nearly a year on an agreement to reduce nitrogen in the treated wastewater from the East End wastewater treatment plant. The Maine Department of Environmental Protection incorporated their recommendations into a five-year wastewater discharge permit it recently issued for the East End 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 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. “But we still need folks to pick up pet wastes and stop using fertilizers. Those individual efforts help keep nitrogen pollution from getting into Casco Bay. What each of us does to help the Bay does make a difference!”

MOCA Partners

MOCA is on the Move

With increasing research showing that coastal acidification is a threat to Casco Bay, here’s what we’re doing about it.

The all-volunteer Maine Ocean and Coastal Acidification Partnership (MOCA) has held two symposia, organized working groups, and met with coastal legislators, all in its first year.

Why do scientists and sea farmers worry about acidifying seawater? Studies by researcher Dr. Mark Green and oyster grower Bill Mook have found that increasing the acidity of seawater can stress sea creatures such as clams, oysters, and mussels. Some shellfish farmers in Maine have already begun storing seawater to use during times when stormwater runoff makes the water unsafe for developing oysters.

Climate researchers have found that the ocean absorbs over 25% of the carbon dioxide released into the atmosphere by smokestacks and tailpipes. This is called ocean acidification. In addition, carbon dioxide ends up in coastal waters from nitrogen pollution from fertilizers, pet wastes, stormwater runoff, and sewage discharges. This nitrogen overdose stimulates a population explosion of tiny phytoplankton. When these plants die and decay in bays and coves, bacteria consume oxygen and release carbon dioxide. This creates even more acidic conditions for coastal critters. This is called coastal acidification.

Dr. Mark Green of St. Joseph’s College in Standish, Maine, is a leading researcher on the impact of coastal acidification on clams. He has been testing how baby clams respond to mud from clam flats along our coast, including Casco Bay. He calls clams the “canaries in the coal mine.” Nitrogen runoff, he asserts, is hampering the ability of clams and oysters to build and maintain their shells. Dr. Green found that clam spat and baby clams simply dissolve at levels of acidity found in some parts of Casco Bay today. He calls this unfortunate condition “death by dissolution.”

Dr. Green’s experiments in the lab inspired us to investigate conditions in Casco Bay. In 2011, we sampled the pH (acidity) of the mud on about 30 clam flats around Casco Bay. In 2012 and 3013, we returned to one of those clam flats to monitor conditions every two weeks across three seasons and varied tide cycles to get a better understanding of how natural fluctuations impacted pH. We also put baby clams (spat) into “clam condos” into a clam flat in Freeport, protected from green clams by screens. After one week and two weeks in the mud, we found significant pitting in their shells, indicating that the shells were dissolving.

Coastal Acidification is one more stressor for shellfish species that already are challenged by other climate change impacts, such as predation by gluttonous milky ribbon worms and green crabs which flourish in warming waters. Red tides or other harmful algal blooms may close clam flats to shellfish harvesting for weeks or months each year. The density and duration of these harmful bloom events may be exacerbated by nitrogen runoff, which provides the nutrients to nourish the red tide organisms.

 

What are we doing about coastal acidification?

 

The good news is that we can do something to fight back against coastal acidification caused by nitrogen pollution. Says Casco Baykeeper Ivy Frignoca, “It’s wonderful to work with so many scientists, harvesters, and policy makers who understand this issue and are working on it before coastal acidification becomes insurmountable.”

 

One way is to find out what we know and what we need to know about coastal and ocean acidification. Friends of Casco Bay and others realized we need a concerted effort to fight the effects of ocean and coastal acidification. In 2014, we participated in the Maine Ocean Acidification Study Commission, which issued a report to the Legislature in January 2015, recommending many actions to confront this threat to our fisheries and marine ecology in general, including establishing an on-going ocean and coastal acidification council.

 

Friends of Casco Bay worked with the Island Institute and University of Maine/Maine Sea Grant to create the Maine Ocean and Coastal Acidification Partnership (MOCA). MOCA volunteers partnership seek to:

  1. Implement recommendations of the Ocean Acidification Study Commission; and
  2. Coordinate the work of governmental agencies, private organizations, and citizens who are studying and implementing means to reduce the impacts of or help adapt to ocean and coastal acidification.

Here are some highlights of MOCA:

March 14, 2016

MOCA held its first meeting, attended by more than 30 scientists, policy makers, and harvesters.

 

June 29, 2016

MOCA hosted a day-long Ocean Acidification Symposium, attended by 110 people, including some of the state’s top researchers and policy makers. Scientists shared their field experiment data and compared notes.

 

November 16, 2016

MOCA hosted a second symposium focused on remediation and policy. More than 50 people gathered at the State House in Augusta to discuss the possibility of developing state/ federal water quality criteria related to coastal acidification. Ivy discussed how we might use existing regulatory tools to reduce nitrogen pollution that exacerbates coastal acidification. The participants formed subcommittees to create an action plan on next steps for confronting ocean acidification through research and legislation.

 

What’s next?

  • Education Casco Baykeeper Ivy Frignoca is working with the MOCA Policy Subcommittee to help organize two MOCA symposia in 2017. They will educate interested citizens and decision makers on cutting-edge science and local and state policies that may be implemented to combat acidification
  • Uniform data collection is the goal of Friends of Casco Bay Research Associate Mike Doan and more than a dozen other scientists on the MOCA Monitoring Subcommittee. They will work together to coordinate and standardize monitoring equipment and procedures on data collection on acidification. This uniformity will provide better understanding of nitrogen inputs into coastal waters.

 

What can you do about coastal acidification?

  • Cut down or eliminate fertilizers on lawns, gardens, and farms.
  • Lobby for and support a town ordinance to limit the use of nitrogen-rich fertilizers.
  • Reduce rainwater runoff and improve sewage treatment.
  • Make sure septic systems are doing their job.
  • Join and/or volunteer with organizations to monitor coastal waters and educate the public.
  • Reduce carbon emissions by driving less or driving a less polluting vehicle
  • Support clean energy production such as solar and wind power
  • Support clean energy policies such as RGGI and the Clean Power Plan
Pile of expired flares

A bill with flair makes its way through the Maine Legislature

Pile of expired flares

Last summer, Representative Jay McCreight* received a question from a local lobsterman about what to do with a barn full of expired marine flares or “Visual Distress Signals.” She called Friends of Casco Bay to ask about the potential environmental impacts from flares. Citizen Stewards Coordinator Peter Milholland and Casco Baykeeper Ivy Frignoca began looking into the issue, with the help of University of New England student interns Iliana Flefel and Grayson Szczepaniak.

The United States Coast Guard requires marine vessels greater than 16 feet in length to carry at least three flares to use in the event of an emergency. These emergency flares expire within 42 months from date of manufacture and must be replaced.

This has led mariners to stockpile expired flares, often for years, trying to figure out how to get rid of them. Right now, there are no good options for Maine boaters to dispose of expired flares, which can still be explosive. Boaters have tried soaking expired flares in a bucket of water, shooting off flares at sea (especially on the Fourth of July), or throwing them in the trash. None of these practices are acceptable because pyrotechnic flares are classified as “hazardous wastes.”

Flares contain toxic chemicals that may harm human and marine life. Potassium perchlorate interferes with thyroid function, which regulates a person’s metabolism, including heart rate, blood pressure, and body temperature. Strontium may create toxic gases when burned. Sulfur has been shown to contribute to more acidic conditions in the ocean.

We learned that the only safe way to dispose of expired flares is by incineration at high temperature. Fortunately, the State Fire Marshall’s office has an EPA-approved mobile incinerator that can be used for this purpose, which was originally purchased to incinerate fireworks.

To authorize the State Fire Marshall’s office to design a program to collect and incinerate expired flares, Representative McCreight has introduced a bill to the 128th Maine Legislature: LD 252 An Act To Improve Safety in the Disposal of Expired Flares.

On March 13, Casco Baykeeper Ivy Frignoca testified before the Joint Standing Committee on Criminal Justice and Public Safety in support of the bill.

Should LD 252 continue to move through the legislative process, we may suggest you contact your legislators to support the bill.

 

* The State Representative for District 51, which includes Harpswell, West Bath, and part of Brunswick

Casco Baykeeper Ivy Frignoca uses science and policy to protect our Bay

Casco Baykeeper Ivy Frignoca uses science and policy to protect our Bay

Casco Baykeeper Ivy Frignoca uses science and policy to protect our Bay
Ivy Frignoca collects a water sample from Casco Bay on her first scientific research trip aboard the R/V Joseph E. Payne, in January 2016. Photo by Kevin Morris

“Challenging” is how Ivy Frignoca describes the grueling, seven-hour interview process for the position of Casco Baykeeper. “The Baykeeper Search Advisory Committee clearly put a lot of thought into all the attributes they wanted in the next Baykeeper.” Since joining the staff of Friends of Casco Bay in January 2016, Ivy has clearly demonstrated that she has quite enough stamina, commitment, and passion for the job!

In her first few months, she helped defeat a bad bill before the Legislature that would have weakened Maine’s Oil Spill Prevention Law, and met with coastal legislators to discuss pending marine-related bills. Ivy also met with Portland officials and the Portland Water District to discuss ways to deal with stormwater pollution. Ivy conducted many media interviews to highlight her focus on continuing Friends of Casco Bay’s work to reduce water pollution and to study and address climate change in our community.

Ivy helped advance statewide efforts to confront ocean acidification by working with others to create the all-volunteer Maine Ocean and Coastal Acidification Partnership, to coordinate the work of government agencies, academic institutions, resource harvesters, and nonprofit organizations that are studying ways to reduce the impact of— and how to adapt to—the changing chemistry of our ocean. They have put together a work plan and have been meeting to address how lower pH of sea water is affecting our shellfisheries and the overall health of our coastal waters.

Before Ivy came on board with Friends of Casco Bay, she worked on issues confronting our waters as an attorney at Conservation Law Foundation. Prior to moving to the Casco Bay region 26 years ago, she taught marine biology and ecology, interpreted natural history for park visitors, and advocated on behalf of Vermont state parks and forests.