Resolve, Regarding Measures To Ensure the Continued Health and Commercial Viability of Maine's Seacoast by Establishing Nutrient Standards for Coastal Waters
Maine Legislature, Session 123, LD 1297
Committee: Natural Resources
Sponsors: ADAMS, BARTLETT, CUMMINGS, DILL, HILL, HOGAN, MAZUREK, PINGREE, RAND

Legislative Document 
No. 1297 
H.P.915 
House of Representatives, March 9, 2007 
Resolve, Regarding Measures To Ensure the Continued Health and 
Commercial Viability of Maine's Seacoast by Establishing Nutrient 
Standards for Coastal Waters 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative ADAMS of Portland. 
Cosponsored by Senator BARTLETT of Cumberland and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: Speaker CUMMINGS of Portland, DILL of Cape Elizabeth, HILL of York, 
HOGAN of Old Orchard Beach, MacDONALD of Boothbay, MAZUREK of Rockland, 
PINGREE of North Haven, RAND of Portland. 
Prin.ed OD .... ;yclcd poper 
Preamble. Whereas, nutrient pollution is a source of marine pollution, 
contributing to nuisance algal growth, harmful red tide, habitat impacts and oxygen 
depletion in Maine's coastal waters; and 
Whereas, nutrient pollution is attributable to several forms of nitrogen entering 
Maine's coastal waters from diverse sources, including industrial, municipal, residential, 
atmospheric and nonpoint sources, as well as offshore inputs from natural phenomena; 
and 
Whereas, bays and estuaries in states south of Maine already suffer significant 
water quality degradation from nutrient pollution; and 
Whereas, as an example of known nutrient conditions in Maine, of 655 water 
samples collected over 6 years at a site in Casco Bay, 12% collected during the critical 
summer months exceeded the threshold for medium risk for impairment due to nutrients, 
as defined in national coastal assessments; and 
Whereas, in 2001, the United States Environmental Protection Agency requested 
the State to establish nutrient criteria for state waters; and 
Whereas, good progress has been made by the Department of Environmental 
Protection toward establishing freshwater criteria; however, little progress has been made 
toward establishing nutrient criteria for marine waters; now, therefore, be it 
Sec. 1. Nutrient standards established. Resolved: That the Department of 
Environmental Protection, referred to in this resolve as "the department," shall develop 
nutrient standards for coastal waters. The standards must take into account the fact that 
nutrient pollution is a leading source of pollution contributing to algae growth, red tide 
outbreaks and oxygen depletion in marine waters. In developing the nutrient standards, 
the department shall: 
1. 
Develop a conceptual plan to establish appropriate nutrient standards for all 
coastal areas of the State; 
2. Develop a work plan and timeline leading to approved nutrient standards for 
coastal waters; 
3. 
Prepare a report on possible technological approaches to nutrient reduction, 
including projected costs on a per unit basis; and 
4. Provide an inventory of significant point and nonpoint sources of nutrients in 
coastal waters; and be it further 
Sec. 2. Consultation. Resolved: That, in developing the nutrient standards 
under section 1, the department shall consult with affected entities concerning nutrients in 
coastal waters to solicit input and gather information. The department shall consult with 
wastewater treatment facilities and interested organizations to ascertain compliance with 
the standards; and be it further 
Page I - 123LR1895(Ol)-1 
Sec. 3. Casco Bay priorities. Resolved: That the department shall initially 
focus on the waters of Casco Bay due to its being the most populated watershed in the 
State, its bordering one of the most residentially and industrially developed regions in the 
State, its high concentrations of nutrients and its comprehensive set of available nutrient 
data. Once nutrient standards are established for Casco Bay, the department shall work to 
implement appropriate standards for the rest of the State's waters; and be it further 
Sec. 4. Legislation authorized. Resolved: That the department shall report its 
findings to the Joint Standing Committee on Natural Resources no later than January 31, 
2008. 
The Joint Standing Committee on Natural Resources is authorized to submit 
legislation to the Second Regular Session of the 123rd Legislature. 
SUMMARY 
This resolve directs the Department of Environmental Protection to establish nutrient 
standards for coastal waters by January 31, 2008 to reduce marine pollution. It also 
directs the department to first focus on Casco Bay and then the rest of the State's coastal 
waters and to consult with affected entities in developing the standards. The department 
shall report its findings to the Joint Standing Committee on Natural Resources, which is 
authorized to submit legislation to the Second Regular Session of the 123rd Legislature.