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Without water, there can be no life.
Freshwater availability is so essential that we judge the ability of other
planets to sustain life by their availability of water1. Sixty-five percent of the human
body is composed of waterWorthington-Roberts2, and we depend upon freshwater for
our survival, livelihoods, and recreation. Water has influenced settlement
patterns, made travel and navigation possible, and determines regional economic
activities.
Only twenty-five percent of the
world’s population has access to safe drinking water and many people risk death
when consuming water. In developing countries, direct or indirect discharge of
sewage, gasoline, oil, antifreeze, soaps, and paints make water unsafe for
people and wildlife3. Human health is endangered by
water-vectored diseases such as yellow-fever and malaria. Organic matter from sewage depletes oxygen in
lower water layers, making the water uninhabitable to many species4. Furthermore, associated bacteria
can cause diarrhea in babies, which is a leading cause of death worldwide5.
In the
Early in
Until the later half of the
nineteenth century, a cesspool-privy system was used to manage refuse. It was
believed that sewage dumping posed no threat because running water was
self-purifying. Urban areas depended on local ponds, streams, rainwater, and wells
for their water supply8. As urban areas became more heavily
populated, demand for drinking water rose and sanitary hazards posed by sewage
increased. During the 1800s, approximately half of all deaths were linked to
water, air, or food vectored disease9.
In 1802, the first waterworks was
established in
During the Progressive Movement, the
public began pushing for increased public regulation of water supplies. By the
early 1900s, some US cities had begun to use slow sand filtration as a
safeguard against typhoid, dysentery, and cholera. Chlorine was first used as a
primary disinfectant in 1908 in Jersey City, New Jersey10. By World War I, engineers had
widely adopted the belief that filtration and chlorination could protect the
public8.
The first federal legislation addressing water quality was
the Rivers and Harbors Act of 1899. This law outlawed the dumping of solid
waste into navigable waterways, but it was not enforced11. The Federal Water Pollution
Control Act of 1948 established the basic legal authority for federal
regulation of water quality. Its 1956 amendments strengthened enforcement by providing
for abatement lawsuits and declaring that the Federal government did not need
the consent of all the states to regulate water quality12.
Throughout the 1960s, growing
evidence indicated that water quality required major attention. Rachel Carson’s
Silent Spring was published, raw
sewage was released into the San Francisco Bay13, Lake Erie was declared “dead”, and
the Cuyahoga River in Ohio caught on fire14. Federal legislation also continued
in the form of the Water Quality Act of 1965, which became the foundation for
interstate water quality standards by providing for standards that are both
state and federally enforceable. In 1966, the Clean Water Restoration Act was
created, which imposed a 100 dollar daily fine for polluters who did not
properly report their emissions12.
In 1972, the Federal Water Pollution
Control Act was amended in response to the visible water quality problems of
the 1960s. Amended again in 1977, this act became known as the Clean Water Act.
The basic structure regulating pollution discharge into US waters was
established, and discharge of contaminants by large point sources into navigable
surface waters became illegal unless a permit was acquired. Federal funding for
sewage treatment plant construction was established, and the need for nonpoint source pollution regulation was recognized. The
Environmental Protection Agency (EPA) was given authority to implement
pollution control programs and set water quality standards for all
contaminants. The Clean Water Act was later revised in 1981 to improve water
treatment plants, and in 1987 to build EPA-State partnerships through the Clean
Water State Revolving Fund15.
Secondary treatment of waste water was required by 1977, and best
available technology for pollution control was required by 198316.
The Clean Water Act has led to vast
improvements in national water quality. From 1976 to 1986, cadmium, arsenic,
and lead aquatic concentrations decreased between 50 and 63 percent. The
required monitoring reports issued by EPA have helped to close the information
gap and inform national and state decision making. Sewage treatment grants have
resulted in a national trend of increased dissolved oxygen content in
freshwater13.
The major deficiency of the Clean Water Act is its lack of
control of non-point source pollution. Major difficulties in identifying,
regulating, and monitoring nonpoint pollution sources
such as farms, feed lots, sub developments, urban areas, and silviculture have halted progress. Although Clean Water Act
Amendments establish federal assistance for state control of non-point sources
and encourages voluntary control, these measures have had little real impact13.
The Safe Drinking Water Act, established in 1974, aimed to
protect human health by regulating public water supplies. EPA was given
authority to set national standards to protect against natural and
anthropogenic contaminants based on human-health. The regulations apply to
every public water system in the nation, and EPA, states, and suppliers share
responsibility in meeting the requirements. Source water protection, treatment,
maintenance of the distribution systems, and providing information are methods
that the Safe Drinking Water Act uses, and the act is legally enforceable. The
act was amended in 1986 and 1996. The 1996 amendments require cost-benefit
analysis for new regulations, consumer confidence reports, operator certification,
and source water assessment17.
Recently, water quality issues have received increased
international attention. In 1999, the United Nations (UN) and Economic
Commission for
In the
New debate has emerged about whether water services would be
best managed through the public or private sector. Utility cost structures vary
depending upon the percentage of water metered, customer density, the amount of
water purchased, and the average size of each metered account. It remains
unclear whether utility cost structures vary depending on public or private
management21.
Nonpoint source pollution continues to be a
major problem for water quality in the
Also, concern has arisen regarding some of the Bush
administration’s recent actions towards freshwater. Some environmentalists
claim that “Quick-fill” permits for wetland construction are allowing
development to take place without stringent environmental considerations. The
Bush administration in 2002 mandated that the Army Corps of Engineers can issue
permits for the dumping of mine waste, which may undermine the Clean Water Act.
EPA recommended that national storm water standards address the major problem
of urban storm water runoff, but the administration announced in 2002 that it
would kill the proposed technology-based regulations23.
Water is essential to life in
Water has always been extremely
important to the
Upon gaining statehood in 1820,
During the industrial revolution,
Since the 1970s,
Economic decline in certain sectors
contributed to improving
The state legislature has also
played an important role in protecting the integrity of state waters. Today we
see the fruits of our labors in the high quality of
The Maine Legislature has written
and passed many important Laws to protect surface and ground water. Over sixty
percent of the households in Maine rely on groundwater to fulfill their
drinking water requirements32. In 1985, the Maine Legislature
required DEP to enact the Sand and Salt Pile Program. This legislation
instructed DEP to prioritize sand and salt piles according to their impact on
groundwater. Those piles that seriously threatened groundwater were required to
be covered to prevent chloride contamination33.
To address the problem of non-point
source pollution of groundwater, the Nonpoint Source
Pollution Management Statute of 1991 was established. This act aims to
implement best management practices to combat nonpoint
source pollution34. Its methods include establishing
liability for petroleum contamination of groundwater; enacting educational
initiatives to make people aware of the dangers of their actions35, providing regulatory oversight,
aiming to implement best management practices to combat non-point source
pollution, providing regulatory oversight, and funding projects to reduce
dangerous contamination34.
Another important state regulation
is the Site Location of Development Law that was established in 1991 but later
amended. Under this regulation, large or environmentally threatening developments
require a permit from the Department of Environmental Protection and standards
protecting the environment must be met36. The Storm Water Management Statute
of 1995 required DEP to adopt rules regulating storm water in areas at risk due
to new development. The 2001 Storm Water Statute that followed required large
development projects to obtain a permit from DEP before construction is
allowed. The restrictions also only apply to areas within a close proximity of
areas at risk of eutrophication or other risks
resulting from development37.
The most widespread issue affecting
Another serious issue to
One of the ways EPA assesses water quality is by evaluating
its support for designated beneficial uses such as drinking, swimming, fish
consumption, and aquatic life. Freshwater is designated as fully supporting,
supporting but threatened, partially supporting, or not supporting each
activity. Ideally, all of
Figure 4 displays the
percentage of
Although overall freshwater quality is quite good compared
to national averages, many of
Figure 5 illustrates the trend in impairment of rivers and
streams caused by the two of the most powerful drivers: agriculture and urban and sewage system
runoff. The risk posed to our rivers and streams from agricultural sources is
increasing. This seems counterintuitive when we consider that the amount of land
in
By far, the most widespread problem in
Ambient mercury originates
from mineral deposits, coal burning, waste incineration, landfills, mining
activities, paint manufacturing, fluorescent lights, and thermometers.
Unfortunately,
Recently,
Despite these
efforts, fish from every body of water in
DEP authored the Mercury in Maine Report in 1997. Among the
actions the report proposed was reducing the amount of mercury emitted by
industrial sources. Although federal regulations were expected in the near
future, DEP submitted a bill in 1998 to allow all sources to emit no more than
100 pounds of mercury each year annually beginning in 2000, and no more than 50
pounds annually beginning in 2004. The bill was signed in April, 1998 and
affected three major sources: HoltraChem, Regional Waste Systems of Portland, and
Mid-Maine Waste Action Corporation of

Mercury deposition has
remained high despite successful state efforts to address

Another serious threat to
In
Figure 9 shows that the area of
Interestingly, fewer acres of lakes are being impaired by
nutrients and oxygen enrichment while Figure 5 showed that impairment of rivers
due to the drivers of eutrophication is increasing.
This indicator suggests that more attention may be paid to addressing problems
in lakes, ponds, and reservoirs than in rivers. One explanation of this trend
may be the Storm Water Management Statute. This statute establishes strict
standards for building impervious areas near bodies at water at risk from new
development, especially those waters sensitive to eutrophication54. Since rivers are not threatened by
eutrophication, they may not fully benefit from
legislation to protect against the threat of urban runoff.
Excluding the problem of mercury
deposition, the state of
The problem of cultural eutrophication continues to threaten many bodies of water.
The number of small farms and urbanization are potential drivers of cultural eutrophication. The Storm water Management Law can be
credited for the progress in protecting vulnerable lakes from the threats of
nutrient loading and oxygen depletion as shown in Figure 9. Interestingly,
fewer acres of lakes are being impaired by nutrients and oxygen enrichment
while impairment of rivers due to the drivers of agriculture and urban and
sewage runoff is increasing. The Storm Water Management Statute addresses the
major driver of eutrophication: development near threatened areas. The
legislation has been quite effective:
lakes have benefited from strict environmental standards and problems
related to nutrient and dissolved oxygen impairment are decreasing. I would
recommend that riparian construction be subject to standards similar to those
that protect lakes in order to protect
Mercury contamination continues to
plague our freshwater, fish, and human health. The state of Maine has taken
drastic measures by regulating waste disposal, medical products, point sources,
dental fillings, and automotive switches that contain mercury48.
As shown in Figure 4, statewide mercury emissions have been virtually
eliminated, yet Figure 5 shows that deposition of mercury remains an ongoing
problem. The state laws and statutes regulating mercury have been quite
effective in reducing internal emissions, but it appears that we cannot further
improve mercury contamination through self-regulation.
Earlier this year, the Natural
Resources Council of Maine (NRCM) joined with two national groups to file suit
in U.S. District Court, contending that an EPA proposal to clean up mercury
pollution and delay the use of best available technology for mercury control
until 2007 violates the Clean Air Act. The plaintiffs seek an injunction
requiring the EPA to make a rule requiring best available pollution control
technology as soon as possible55. NRCM has also begun a door-to-door
campaign intended to educate the public about the risks of mercury pollution in
1. National
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3. Vigil,
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4. Harper,
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5. Pontius,
F. W. in Water Quality and
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12. Environmental
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13. Smith,
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General Assembly. Convention on the Law of the
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20. Susan Hutson,
Nancy Barber, Joan Kenny, Kristin Linsey, Deborah Lumia, and Molly Maupin. Estimated Use of Water in the United States
in 2000. (The U.S. Geological Survey, 2004).
21. Feigenbaum, Susan and Ronald Teeples.
Public Versus Private Water Delivery: A Hedonic Cost Approach. The Review of Economics and Statistics 65, 672-678 (1983).
22. Environmental
Protection Agency. Managing Nonpoint
Source Pollution from Agriculture. Nonpoint Pointers Series 2004 (2004).
<http://www.epa.gov/owow/nps/facts/point6.htm>
23. Stoner,
N. (Natural Resources Defense Council, New York, 2002).
24. US
Geological Survey. Estimated Use of Water in the United
States: County-Level Data for 2000.
(2004).
25. Gulf
of Maine Aquarium. Maine's Water Roots. (1998).
<http://www.gma.org/streams/roots.html>
26. Robbins,
R. Bangor History. (Bangor, 2004).
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Resources. General History of the State in Maine State History (2003).
<http://www.shgresources.com/me/history>
28. Brunelle, J. Maine Firsts Throughout
History in Maine Almanac (1980).
<http://www.state.me.us/legis/general/history/hist2.htm>
29. Bureau
of Land and Water Quality. Kennebec River in Biomonitoring Retrospective (Maine Department of
Environmental Protection, Augusta, 1999).
30. Senator George J. Mitchell Center for
Environmental and Watershed Research. (Orono, ME, 2004).
<http://pearl.spatial.maine.edu/introduction.htm>
31. Maine Department of Environmental
Protection. Overview of Maine Department of Environmental Protection. (Augusta, 2004).
<http://www.maine.gov/dep/overview.htm>
32. Bureau
of Land and Water Quality. Groundwater Assessment. (Maine Department of Environmental Protection, Augusta, 2002).
<http://www.maine.gov/dep/blwq/gw.htm>
33. Maine Department of Environmental
Protection. History of Sand and Salt Pile Program. (Augusta, 2004).
<http://www.maine.gov/dep/blwq/docstand/sandsalt/history.htm>
34. Maine Rivers. Legislation.
(Augusta, 2003). <http://www.mainerivers.org/legislation.htm>
35. Nonpoint
Source Pollution program in Title 38
Chapter 3 Article 1F Chapter 345 (1991).
36. Maine Department of Environmental
Protection. Site Location of Development. (Augusta,
2004). <http://www.maine.gov/dep/blwq/docstand/sitelawpage.htm>
37. Storm
Water Management in Title 38 Chapter 420
Article D (2001).
38. Maine Department of Environmental
Protection.
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2004).
39. Environmental
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40. Environmental
Protection Agency. National Water Quality Inventory: 1996 Report to Congress.,
Appendix A and B. (1996).
41. Environmental
Protection Agency. National Water Quality Inventory: 1998 Report to Congress (305(b) Report). Appendix A and B (1998).
42. US
Department of Agriculture. in 1997 Census of Agriculture Volume 1:
Part 19, Chapter 1 (Washington D.C., 1997).
<http://www.nass.usda.gov/census/census97/volume1/me_19.loc97.htm>
43. Robinson,
et. al. Water Quality in the New England Coastal Basins: Maine, New Hampshire, Massachusetts, and
Rhode Island, 1999-2001. (U.S. Geological Survey, Reston,
VA, 2004).
44. Stoops,
Nicole and Frank Hobbs. Demographic Trends in the 20th
Century in Census 2000 Special Reports
158-159 (US Census Bureau, 2002).
45. Natural
Resources Council of Maine. Mainers Mobilize to Stop Mercury from Power Plants
in Maine Environment 1-2 (Augusta,
2004).
46. Montgomery,
Mark and Michael Needelman. The
Welfare Effects of Toxic Contamination in Freshwater Fish. Land Economics 73, 211-223 (1997).
47. Mercury-Added
Products and Services in Title 38 Chapter 16-B (1999).
48. Maine Department of Environmental
Protection. Mercury Legislation and Rules. (Augusta,
2004). <http://www.maine.gov/dep/mercury/legreg.htm>
49. Environmental
Protection Agency. Toxic Release Inventory Program,. 2004 (2004).
50. Maine Department of Environmental
Protection.
Mercury in Maine: A Status Report 1-67
(Augusta, 2002).
51. The
White House. Executive Summary: The
Clear Skies Initiative. (Washington D.C., 2002).
<http://www.whitehouse.gov/news/releases/2002/02/clearskies.html>
52. National
Atmospheric Deposition Program. (Illinois State Water Survey, Champaign, 2004).
<http://nadp.sws.uiuc.edu/nadpdata/mdnsites.asp>
53. Maine Department of Environmental
Protection. Lakes Assessment 13-18 (Augusta, 1996).
54. Storm
Water Management in Title 38, 420-D
1-4 (1997).
55. Edgecomb, M. Groups file Suit over Mercury Law; Resources
Council Criticizes EPA in Bangor Daily
News (Bangor, 2004).
56. Mercury
Alert goes Door to Door in Maine in Bangor
Daily News C5 (Bangor, 2004).
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