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In June 2019, the Board voted to assume original licensing jurisdiction over the applications of Nordic Aquafarm, Inc. (“Nordic”) for a combined Site Location of Development Law and Natural Resources Protection Act permit, an Air Emission License, and a combined Maine Pollutant Discharge Elimination System permit and Waste Discharge License (“the Nordic licenses”) for a proposed Recirculating Aquaculture System for Atlantic salmon production in Belfast and Northport. The Board held a hearing on the applications and, on November 19, 2020, conditionally-approved the applications.
Subsequently, Jeffrey R. Mabee and Judith B. Grace, the Maine Lobstering Union, and commercial crab and lobster license holders David Black and Wayne Canning; Friends of the Harriet L. Hartley Conservation Area; and Upstream Watch appealed the Nordic licenses to Superior Court.
On May 10, 2023, the Maine Supreme Judicial Court, sitting as the Law Court, issued its Order of Remand (Docket No. BCD-2022-48) to the Maine Superior Court, Business & Consumer Docket (“BCD”), with further instructions to remand to the Board so that the Board may determine the impact, if any, of Mabee v. Nordic Aquafarms, Inc. (2023 ME 15, 290 A.3d 79) on the Nordic licenses. On May 15, 2023, the BCD issued its Order on Remand (Docket No. BCD-APP-2021-009) consistent with the Law Court’s Order of Remand. The Board has initiated Remand Proceedings in response to the issuance of the Court Remand Orders.
Relevant documents filed with or issued by the Board related to the Remand Proceedings will be posted on this website. Additional information regarding the Nordic licenses, including subsequent actions taken by the Commissioner of the Department, is available on the Department’s Major Projects website. Persons who wish to receive direct notice of Board meetings and decisions regarding the Remand Proceedings may request to be added to an Interested Persons list by contacting Board Executive Analyst William F. Hinkel at bill.hinkel@maine or 207-314-1458.
Municipal Separate Stormwater Sewer Systems (MS4)
The MS4 General Permit describes permit coverage and limitations, definitions, authorization and notice requirements, stormwater program management plan requirements, and standard conditions for municipalities, transportation MS4 and state federally-owned MS4. See the Department’s MS4 website for more information. On December 14, 2022, the Department approved Low Impact Development (LID) ordinances submitted by municipalities that are subject to the MS4 General Permit, specifically to Part IV.C.5.a.i. of the MS4 General Permit Modification issued on November 23, 2022. On January 17, 2023, Friends of Casco Bay filed with the Board an appeal of the separate approvals issued to the City of Biddeford, Town of Cape Elizabeth, Town of Cumberland, Town of Falmouth, Town of Freeport, Town of Gorham, City of Portland, City of Saco, Town of Scarborough, City of South Portland, City of Westbrook, Town of Windham, and Town of Yarmouth.
Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances
New England Clean Energy Connect (NECEC)
On May 11, 2020, the Commissioner of the Department conditionally approved the permit applications Central Maine Power Company (CMP) to construct the NECEC project (NECEC Order). On December 4, 2020, the Commissioner approved the application of CMP and NECEC Transmission LLC to partially transfer to NECEC Transmission LLC the NECEC Order.
Three appeals of the NECEC Order were timely filed with the Board of Environmental Protection by the Natural Resources Council of Maine (NRCM), NextEra Energy Resources, LLC, and the West Forks Group, a group of persons who intervened in the Department licensing proceeding. NRCM also filed a timely appeal of the December 2020 Transfer Order. The Board decided the appeals on July 21, 2022.
Record materials for the NECEC project may be viewed on the Department's web page.