Maine Hearing: Experts & Impacted Residents Testify for Equity, Justice and Movement on Tackling PFAS ‘Forever Chemicals’

On Monday, legislators, impacted citizens, scientists and health advocates urged the Environment and Natural Resources Committee to continue to move the state forward in the fight against toxic PFAS, a group of man-made chemicals that have been linked to negative health impacts, including several types of cancer and decreased immune response to vaccines. 

Defend has been tackling the issues associated with PFAS in Maine since early 2019 after contamination was discovered on the farmland of farmer Fred Stone in Arundel, Maine. We’ve seen success with the Maine Legislature passing several of our bills, including the first in the world law to eliminate toxic PFAS from every day products. But, the fight isn’t over. We are proud to have worked with partners in the state Legislature to put forward these bills, as a part of what we’ve been fighting for these past few years – putting an end to this dangerous and ubiquitous toxic chemical and protecting the people of Maine.

As reported by Maine Public, representatives of the Penobscot Nation and environmental health activists and supporters, testified in favor of LD 1875 which would require that leachate from Juniper Ridge Landfill in Old Town, ME, a state-owned waste management facility, be treated for PFAS before it is sent to a waste water treatment facility. 

Currently, the disposal of leachate from Juniper Ridge has been impacting Maine’s tribal communities as its effluent, or liquid waste, is being released into the Penobscot River. The river is of particular cultural and historic importance to the Penobscot Nation, and PFAS threatens the general use of the river and their ability to use it for sustenance fishing. In short, their livelihoods are being threatened as well as both their basic human rights and legally protected rights for clean water. 

And as reported by the Portland Press Herald, many of the same attendees also testified in support of LD 1911 which would close loopholes that currently exist that allow farms and gardens to continue to be contaminated by toxic PFAS chemicals.

The first loophole allows for clean soil to be polluted with contaminated sludge, allowing farmers to pollute clean soil by mixing it with toxic sludge to the brink of exceeding the standard currently allowed by the DEP – which is still harmful, and can cause health impacts. 

The second loophole allows contaminated sludge to be sent to composting facilities. This compost is then sold to farmers, landscapers, and at retail stores to home gardeners – resulting in them contaminating their land. 

LD 1911 would stop the spread of contaminated sludge across the state, saving both families and the state up to millions of dollars and most importantly – protecting Mainers from exposure to these toxic chemicals. 

Below are excerpts of testimony from health, science and policy experts on the essentiality of both bills:  

LD 1875, “An Act To Address Perfluoroalkyl and Polyfluoroalkyl Substances Pollution from State-owned Solid Waste Disposal Facilities”

Dan Kusnierz, Water Resources Program Manager, Penobscot Indian Nation: “The Penobscot Nation is a riverine tribe that relies upon wild caught and collected foods for sustenance; this includes fish, wildlife, medicines, and plants that give them nourishment, and connects them to their cultural lifeways and identity. Clean water is of utmost importance to protect these practices. These are not recreational uses, but legally protected rights. To the tribes’ dismay we have learned from studies conducted by PIN WRP, EPA, other federal partners, and Maine DEP that these fish contain toxic contaminants including dioxins, furans, PCBs, mercury, and now PFAS compounds at levels that could cause harmful effects … We believe that the State of Maine has the opportunity to be a leader by setting an example for industries and towns by establishing best practices to treat leachate for PFAS at state owned landfills such as Juniper Ridge.”

Rep. Lori Gramlich, Maine State Legislature: “I am not convinced that waiting for the [United States] Environmental Protection Agency is going to help to remediate any of this … The time is now to approach this. Particularly for our Indigenous peoples who rely on sustenance fishing in the Penobscot River. It’s well over time that we address this.”

Sharon Treat, Senior Attorney, Institute for Agriculture and Trade Policy “Landfill leachate should be properly treated before being discharged into our rivers full stop. This means as LD 1875 would require either treatment at the landfill prior to disposal at a wastewater treatment plant or upgrading those receiving facilities so that they have the technological capability to safely treat these waterways… If and when EPA finally acts, Maine can figure out the best way to integrate its rules into the federal standards. Juniper Ridge is a state-owned facility. Right now, its leachate is released into the Penobscot River where it disproportionately impacts the Penobscot nation, despoils traditional fishing grounds and increases the risk of exposure to toxic PFAS chemicals.”

Mark Hyland, Chair of the Board of Directors for Defend Our Health: “The Penobscot River has been a dumping ground for toxic chemicals long enough. The state needs to take the lead and set the example by eliminating PFAS from landfill leachate from the state-owned landfills and keep PFAS from discharging to the river. We can’t landfill our way out of this problem. We have to reduce the concentrations of these chemicals in the environment to protect people’s health. It’s much cheaper to address the problem before discharge rather than after. State landfills need to lead the effort.”

Rep. Paige Zeigler, Maine State Legislature: “As mentioned, some of the leachate from Juniper Ridge ends up in the Penobscot River. The Penobscot Nation depends on the Penobscot River for many things, including the fish in the river to help feed their families. They have asked for our help in making sure their community is not disproportionately impacted by exposure to these toxic chemicals. We can’t wait for the federal government to take action as they haven’t been proactive on this issue. Maine needs to develop its own plan of action. There are other landfills in our state that need to be regulated concerning leachate discharge and this bill will help develop an approach that can be used in those regulations.”

LD 1911, “An Act To Prohibit the Contamination of Clean Soils with So-called Forever Chemicals”

Rep. William Pluecker, Maine State Legislature: “In Fairfield, as many of us are aware, the deer have been found to be contaminated with PFAS and are no longer edible. PFAS have been found in our fish and agricultural crops. The contamination is widespread, and due to the nature of PFAS and its associated chemical formulations, persistent … Our farmers are looking for new ways of making mortgage payments and paying their workers. It is time that we take responsibility as a legislature for the pollution of our past, and stop the compounding contamination. We cannot afford the vain hope that our children will deal with a problem we hoped would go away. We must take responsibility and give our children a clean land capable of supporting life for the generations to come.”

Laura Orlando, civil engineer and adjunct faculty at Boston University School of Public Health: “Think of the historical trends for lead and mercury. Already PFAS regulations are recognizing lower and lower exposure thresholds. What is considered acceptable today is almost certainly going to be considered unsafe in the near future … Sludge and sludge-derived compost that contains PFAS and is spread on land is deeply problematic for soil and human health. LD 1911 is a step in the right direction to addressing these concerns.”

Sarah Woodbury, Director of Advocacy at Defend Our Health: “LD 1911 would close both loopholes [clean soil being polluted with contaminated sludge and that contaminated sludge potentially being sent to composting facilities], prohibiting the land application of contaminated sludge and require that the sludge-mixed compost meet the state screening levels. We’ve already had at least four family farms destroyed by PFAS contamination due to sludge spreading and the state is spending millions of dollars to test farmland across the state that may be contaminated; it makes no sense to continue to allow contaminated sludge and compost that contains sludge to be spread on our farms and gardens.”