Tough water program                                                                            

Tuesday, January 22, 2002
John Frachella’s commentary on tribal sovereignty (BDN, Jan. 11) points out that all deserve clean air and water and that we can learn a great deal from cultural values that revere the Earth as the source of our being. I agree. However, his characterization of the state as “lenient” on water-quality standards is wrong. Maine has one of the toughest water programs in the country. Maine’s municipal and industrial wastewater dischargers must meet all federal standards, as well as several more stringent state standards for critical pollutants like mercury and dioxin.

The use of technical assistance and enforcement put Maine dischargers in compliance more than 95 percent of the time. Compliance continues to improve, and the amount of pollution continues to decline. That didn’t happen by accident, and it didn’t happen because of federal intervention. Unfounded assertions to the contrary ignore the facts.

It is incorrect to portray the Maine tribal issues as payroll vs. pickerel, polluters vs. tribal rights. At issue for the Penobscot Nation is the extent of tribal power over a resource, the Penobscot River, that is critical to their cultural identity. However, the watershed covers about a quarter of the state, making the issue one of critical importance for all Maine citizens. The heart of the current controversy is a disagreement over the extent of tribal jurisdiction under federal and state law; oversight of wastewater discharge licenses is just a forum for that debate.

Resolution of this question — soon — is in everyone’s best interest. In the meantime, the First Nations and the state will continue a long history of collaborative, and successful, efforts to achieve the goal we both seek — a cleaner environment for us and for our children.

Martha G. Kirkpatrick

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