In a move that will further delay progress cleaning up the Great Bay estuary, the Cities of Rochester and Dover, NH, have appealed a critical permit recently issued by the EPA to address the mounting problem of nitrogen pollution in the Great Bay estuary.

Whose permit did they appeal? Incredibly, Rochester and Dover are expending resources not to appeal a permit that affects their sewage treatment plants. Rather, in the height of arrogance, Dover and Rochester are appealing a permit granted by EPA to the Town of Newmarket, for Newmarket’s sewage treatment plant. Apparently, Rochester and Dover have decided that when it comes to the health of the Lamprey River in Newmarket, and Great Bay, they know best.

In a press release issued by the Town of Newmarket on December 10, the Town stated that “it is in the best interest of our community to work with the EPA to protect Great Bay instead of entering into a lengthy and costly legal process.” The Town has recognized this is not something that can be put off and hopes to move quickly to build a new, much-needed sewage treatment plant.

Unfortunately, Newmarket’s desire to constructively move forward with solving the problem of nitrogen pollution in the Lamprey River and Great Bay means nothing to Dover and Rochester. Filing this appeal could delay final permitting of the Newmarket sewage treatment plant for years, jeopardizing the health of the estuary. Click here to read more about Newmarket’s reaction to this unfortunate and unexpected legal maneuver by Dover and Rochester.

It is outrageous that Dover and Rochester – purportedly acting as the Great Bay Municipal Coalition, of which Newmarket is a part – would bring a legal action challenging another town’s permit. And if interfering in the affairs of Newmarket is not enough, Dover and Rochester – along with the City of Portsmouth – also recently filed a lawsuit against EPA challenging the regulatory process in the estuary (after having a similar lawsuit against the NH Department of Environmental Services thrown out by the Merrimack County Superior Court).

How much money do these communities plan to spend in their seemingly endless effort to delay cleaning up the estuary? In September, they had spent more than $750,000. Of course, the tab only continues to grow. Do the residents of Dover and Rochester really want their valuable city resources being used to prevent other communities from taking constructive action to protect their local waters and Great Bay?

If you are as outraged as I am by this latest development, please contact me at pwellenberger@clf.org to learn how you can help bring real progress to protecting Great Bay – now, and for future generations.  Enough meddling – we need to get to work and clean up the estuary.

For more information about the Great Bay-Piscataqua Waterkeeper and my work to protect the Great Bay estuary, visit: http://www.clf.org/great-bay-waterkeeper/. You can also follow me on Facebook and on Twitter.

Stormwater continues to be a major source of pollution to the Great Bay estuary. When it rains, runoff carries a wide range of pollutants – from dog waste and lawn fertilizers, to gasoline and oil, to heavy metals, nutrients and sediments – that flow into our waters with little or no treatment.

To combat this pollution, the UNH Stormwater Center and other local groups are working with Seacoast communities to implement projects at a neighborhood level to reduce the flow of untreated stormwater reaching the estuary. While many of these projects are small in scope, they demonstrate the value of dealing with stormwater close to home. One of the most interesting approaches is based on a program that was developed in Maine.

In 2009, the Kennebunkport Conservation Commission, in partnership with the University of New England, the Maine Lobstermen’s Association and others, developed the Lawns for Lobsters program. The program’s goal is to educate homeowners on steps they can take to ensure a healthy lawn with minimal impact on the environment. The program was also recently renamed Lawns to Lobsters, giving greater emphasis on the flow of water from our lawns to the ocean.

Other communities are now adopting the program, including one in New Hampshire. New Castle, the only town in the state composed entirely of islands, covers approximately 500 acres and sits at the mouth of the Piscataqua River. With a residential population of slightly more than 1,000, the town’s Conservation Commission is committed to reducing the impacts from non-point sources of pollution and launched the Lawns to Lobsters program last summer.

Residents who want to participate in the program take a pledge to use sound stewardship principles in managing their own property. This includes testing the soil before using a fertilizer, applying the correct amount, and not applying fertilizer if rain is predicted in the next 48 hours. Other measures include keeping the grass at least three inches in length (tall grass needs less water), planting clover as a fertilizer substitute, properly disposing of dog waste, and using herbicides and insecticides sparingly. Homeowners also are asked to consider replacing all or part of their lawn with native plants.

Long term, the town wants to encourage citizens to install rain gardens and vegetative buffers as a way to prevent polluted runoff. In a compact community such as New Castle, all of these steps can add up and help to protect our waterways. You can read more about the New Castle Conservation Commission’s efforts to protect the Great Bay estuary here.

In partnership with the Great Bay Stewards and the NH Department of Environmental Services, we plan to launch a similar program for homeowners next spring. The program will be based on the Department’s Homeowner’s Guide to Stormwater Management. Stay tuned for more information!  In the meantime, there are lots of resources available to homeowners on how to install a rain garden. The University of NH Cooperative Extension Services offer an excellent guide called Landscaping at the Water’s Edge.

As Waterkeeper, I find it encouraging that New Castle is addressing the serious issue of stormwater pollution. We all need to work together to solve the problem. By becoming responsible homeowners, New Castle residents are taking an important first step.

For more information about the Great Bay-Piscataqua Waterkeeper and my work to protect the Great Bay estuary, visit: http://www.clf.org/great-bay-waterkeeper/. You can also follow me on Facebook and Twitter.

Officials from Portsmouth, Dover and Rochester – in their continuing campaign to delay critically important pollution reductions in the Great Bay estuary – have put the Environmental Protection Agency (EPA) on notice that they intend to file suit over the nitrogen discharge levels being proposed in their wastewater treatment permits.

As part of this campaign of delay, these municipalities have already sued the NH Department of Environmental Services, claiming regulators cannot proceed with requiring certain nitrogen pollution reductions unless and until the State has first engaged in a formal rule-making process. Now, they intend to pursue a similar theory in federal court in a lawsuit against EPA.

This latest move comes on the heels of claims from these same officials that conditions in the Great Bay estuary are improving. Extracting data from the upcoming State of the Estuaries Report to be published by the Piscataqua Region Estuaries Partnership (PREP), and selectively focusing on certain brief time periods, they are attempting to make the case that nitrogen levels are dropping and eelgrass beds are coming back. While variations from year to year can always be expected, the long-term trends have not changed. Total nitrogen loads remain higher than they were in the early 2000’s and eelgrass health continues to decline.

What is even more disturbing is the statement made by Portsmouth, Dover and Rochester officials that eelgrass coverage is on the “rebound in Great Bay and Little Bay.” In arguing that eelgrass conditions are improving, they rely heavily on so-called “eelgrass cover” data – data showing the spatial distribution of eelgrass. While data may show eelgrass cover increasing in some places in the estuary, this can actually be a sign of severe stress. When eelgrass beds are in decline, it is not uncommon for the surviving plants to send out lots of new shoots in attempt to re-establish the bed. Unfortunately, there is no guarantee the new shoots will mature into reproducing adult plants.

Rather than eelgrass cover, eelgrass biomass – which measures the total plant density in a given area – is a much more reliable indicator of ecosystem health. Unfortunately, even though eelgrass cover may occasionally increase in some places, the total biomass of eelgrass in the estuary has decreased dramatically – from 1,807 metric tons in 1996 to 545 tons in 2011. That’s a seventy percent decrease in eelgrass biomass over the course of fifteen years. This unfortunate fact contrasts sharply with the picture of ecosystem health that certain municipal officials are trying to paint.

At a time when we need to be solving the serious pollution problems threatening the Great Bay estuary, it is discouraging to see officials from a small group of municipalities once again attempt to delay needed pollution reductions. One of their own attorneys has publicly acknowledged that a lawsuit against EPA is likely to cost several hundred thousand dollars. That’s on top of the over $800,000 Portsmouth, Dover, Rochester, Exeter and Newmarket (the so-called “Municipal Coalition”) have already spent trying to undermine and delay needed regulatory decision-making. Wouldn’t these funds be better spent reducing pollution from aging and outdated wastewater infrastructure?

Newmarket and Exeter, also members of the Municipal Coalition, have not joined Portsmouth, Dover and Rochester in this latest tactic against EPA and hopefully will decide that cleaning up the estuary is a far more important productive path to follow. Durham and Newington are working to implement constructive solutions to the problems facing the estuary. We hope the Municipal Coalition will follow their lead and end this campaign of delay.