An Act To Protect the Penobscot River and Penobscot Bay from Mercury Contamination
Sec. 1. 38 MRSA §480-D, sub-§3, as amended by PL 2011, c. 653, §15 and affected by §33, is further amended to read:
In determining whether mining, as defined in section 490-MM, subsection 11, will comply with this subsection, the department shall review an analysis of alternatives submitted by the applicant. For purposes of this subsection, a practicable alternative to mining, as defined in section 490-MM, subsection 11, that is less damaging to the environment is not considered to exist. The department may consider alternatives associated with the activity, including alternative design and operational measures, in its evaluation of whether the activity avoided and minimized impacts to the maximum extent practicable.
In determining whether dredging in the Penobscot River south of the former HoltraChem Manufacturing Company site in the Town of Orrington and Penobscot Bay north of the southern tip of Islesboro Island will comply with this subsection, the department shall review core sample analysis submitted by the applicant. The applicant shall take core samples using the following sampling methodology. A minimum of 10 core samples must be collected for an area proposed to be dredged. Compositing of core samples may not be permitted prior to testing. Each separate core sample must be 90 centimeters in depth or as deep as the area permits, whichever is less. All samples must be specifically tested for the presence of mercury by testing each one-centimeter segment from the surface of the core down to 20 centimeters; each 2-centimeter segment from 21 to 40 centimeters; and each 5-centimeter segment from 41 to 90 centimeters or to the actual depth of the core sample if less than 90 centimeters. The department may not approve an application for dredging in the Penobscot River or Penobscot Bay that has not used this methodology for testing and core sampling. The department may not approve an application for dredging if the dredging is not necessary for maintenance of navigation. Dredging may be permitted only if the applicant can demonstrate that dredging can and will be conducted in a manner that will not resuspend or disturb buried mercury.
In determining whether there is unreasonable harm to significant wildlife habitat, the department may consider proposed mitigation if that mitigation does not diminish in the vicinity of the proposed activity the overall value of significant wildlife habitat and species utilization of the habitat and if there is no specific biological or physical feature unique to the habitat that would be adversely affected by the proposed activity. For purposes of this subsection, "mitigation" means any action taken or not taken to avoid, minimize, rectify, reduce, eliminate or compensate for any actual or potential adverse impact on the significant wildlife habitat, including the following:
Sec. 2. 38 MRSA §480-D, sub-§9, as amended by PL 2001, c. 248, §1, is further amended to read:
Sec. 3. 38 MRSA §480-D, sub-§9-A is enacted to read:
SUMMARY
This bill requires dredging in the Penobscot River south of the former HoltraChem Manufacturing Company site in the Town of Orrington and in Penobscot Bay north of the southern tip of Islesboro Island to comply with certain sampling requirements prior to being permitted under the Natural Resources Protection Act.