Background
Contrary to popular perception, many of Maine's waterways are still plagued
by illegal pollution. While permits issued under the Clean Water Act place clear
limits on pollution, most major facilities in our state continue to discharge
pollutants in excess of those limits. From July 2001 to June 2003, 83 percent
of major facilities in Maine violated their permits under the Clean Water Act.
For example, Osram Sylvania Inc., a light bulb filament manufacturer, dumped
44 percent more lead than permitted in the quarter Apr.-June 2003 and it exceeded
its permit for total molybdenum by 118 percent, 105 percent, and 85 percent
in quarters Jan.-Mar. 1999, July-Sept. 1999, and Jan.-Mar. 2000, respectively.
Waterways impaired by polluters like Osram include the Penobscot River, Greenlaw
Brook, Little Madawaska River, Medomak River Estuary and the Presumpscot River
Estuary. This illegal pollution is threatening our environment, our quality
of life, and businesses that depend on clean water.
Despite the threat to our
waterways, the DEP is letting lawbreakers off with a slap on the wrist. Of the
68 major facilities that violated their permits from July 2001-June 2003, only
four of them paid any penalty. Absent pressure to change their practices, many
polluters are violating their permits again and again. For instance, the Falmouth
wastewater facility violated its permit for copper concentration during all
six quarters from July 2001-December 2002—with discharges steadily increasing
from eight percent to 62 percent over the legal limit. During two quarters in
2002, this same facility exceeded its effluent limits for Biological Oxygen
Demand by 1567 percent and Total Suspended Solids by 40 percent. Of the 68 facilities
that violated their permits once, 76 percent violated their permits a second
time during the two years—often for the same type of pollution.
We already have laws in
place to protect our waterways, now all we need is the governor to enforce them.
Evidence from other states demonstrates that fining facilities for violations
decreases illegal pollution. DEP must protect Maine's waterways from further
illegal discharges by consistently seeking tough penalties for permit violations.
Gov. Baldacci can make all of this happen—he needs to tell the DEP to get
tough with violators.
Factsheet
There ought to be a law
against what polluters are doing to Maine's waters.
Here’s just one example of what polluters are doing to Maine's waters: Fish
caught in almost any part of the hundreds of miles of the Androscoggin River
and Lake contain high levels of PCBs and dioxins—chemical byproducts that can
cause cancer and slow children’s development—two of the most dangerous pollutants
known to science.
But that's not all. Hundreds
of lakes and hundreds of miles of rivers in Maine are so polluted they’ve been
declared unsafe for fishing and swimming. That’s what happens when manufacturers,
paper mills and other industries are allowed to dump 400,000 pounds of toxic
pollution into our waters every year.
"A few irresponsible,
but powerful, companies have been breaking Maine’s clean water laws with impunity
for far too long. Environment Maine is calling on Gov. Baldacci to bring illegal
polluters to justice." —Matthew Davis, Environment Maine Advocate
There are laws.
What makes this bad news harder to swallow is that much of this pollution of
Maine’s waters is in clear violation of the law.
Under Maine’s clean water
laws, companies agree to abide by permits that dictate the kinds and limit the
amounts of waste they can discharge into our waters.
Yet at the site of the old
Loring Air Force Base, the Loring Development Authority’s treatment plant dumped
more than 60 times as much lead as it was allowed to into the Little Madawaska.
It's no surprise that state officials now warn people not to eat fish from this
river.
Our research indicates that
this kind of illegal pollution is commonplace. In fact, nine times out of 10,
companies and sewage treatment plants in Maine ignore their permits and dump
more waste than is legally allowed.
Now all we need is the
governor to enforce them.
The Baldacci administration knows about the violations of these laws. That's
because, under Maine’s clean water laws, companies report to the state what
they put into the water each month.
Yet in most cases, the state
is letting lawbreakers off with a slap on the wrist. Last year, 84 facilities
and treatment plants violated Maine’s clean water laws. The state fined only
three of them.
There’s less than a one
in 30 chance the Department of Environmental Protection will fine polluters violating
their permits. That’s why polluters like the Loring Development Authority violated
limits on toxic water pollution. Even though they are breaking the law, companies
know there is little chance the state will do anything about it.
Why Gov. Baldacci should
enforce Maine's clean water laws
Nine times out of 10, companies and sewage treatment plants in Maine ignore
their legal permits and dump more waste than they’re allowed. Despite knowing
that 84 companies violated the law last year, the state Department of Environment
Protection fined only three companies.
Enforcing clean water
laws isn’t complicated;
Enforcing Maine’s clean water laws is simple:
• First, if a company violates
the law, the state should take action.
• Second, when fines are
imposed, they should be high enough to deter future pollution. It shouldn’t
pay to pollute.
• Third, clean water permits
should be seen as tools to reduce pollution—not as permission to pollute indefinitely.
Gov. Baldacci has the authority
to make all of this happen. He needs to tell his Department of Environmental
Protection to take action.
Ask the governor to take
a stand
Environment Maine is calling on Gov. Baldacci to require that state environmental
officials more aggressively enforce Maine’s clean water laws.
