Resolve, To Require the Department of Environmental Protection . To Provide Engineering and Permitting Assistance To Clean Up Toothaker Pond
Maine Legislature, Session 123, LD 0493
Committee: Natural Resources
Sponsors: SA VIELLO, GOOLEY, CARTER, CLARK, DUCHESNE, MILLS, SHERMAN

Legislative Document 
No. 493 
H.P.377 
House of Representati ves, February 1, 2007 
Resolve, To Require the Department of Environmental Protection 
. To Provide Engineering and Permitting Assistance To Clean Up 
Toothaker Pond 
(EMERGENCY) 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative SA VIELLO of Wilton. 
Cosponsored by Senator GOOLEY of Franklin and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: CARTER of Bethel, CLARK of Millinocket, DUCHESNE of Hudson, 
MILLS of Farmington, Senator: SHERMAN of Aroostook. 
Primed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Toothaker Pond in the Town of Phillips suffers from high phosphorus 
levels as a result of several human interventions in the watershed and the lake itself; and 
Whereas, Toothaker Pond is one of only 32 lakes in Maine listed by the Department 
of Environmental Protection as having impaired water quality due to significant algae 
blooms; and 
Whereas, The algae blooms in Toothaker Pond are persistent and at times intense. 
They have significantly reduced the recreational use of the pond and constitute a major 
change in the habitat suitability and natural conditions. Algae blooms also result in a 
violation of the statutory water quality classification under the Maine Revised Statutes, 
Title 38, section 465-A; and 
Whereas, although the Department of Environmental Protection is charged with 
restoring the water quality of degraded waters, and in fact undertook a study of methods 
to restore Toothaker Pond, nothing has been done to restore Toothaker Pond due to lack 
of funds; and 
Whereas, with assistance from the Department of Environmental Protection in 
obtaining permits and engineering expertise, the residents around Toothaker Pond are 
willing to undertake a project to improve the water quality of Toothaker Pond; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. 
Permit approval and engineering assistance for cleanup of 
Toothaker Pond. Resolved: That the Department of Environmental Protection shall 
provide assistance to the residents of the Town of Phillips involved in the restoration of 
Toothaker Pond. This assistance must include aid in obtaining the necessary permits, 
engineering expertise and grant writing to seek federal funds for the restoration project. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve requires the Department of Environmental Protection to provide 
assistance and expertise in the areas of permitting, engineering and grant writing to the 
residents of the Town of Phillips involved in the restoration of Toothaker Pond.