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The state of Maryland filed a lawsuit against Baltimore on Friday over untreated sewage discharge into the Chesapeake Bay by two Baltimore wastewater treatment plants.
Last summer, Blue Water Baltimore, an environmental watchdog group, found high bacteria levels in the city鈥檚 harbor near the Patapsco Wastewater Treatment Plant, which is operated by the city, and reported it to the Maryland Department of the Environment. MDE found similar sewage outflow violations during an inspection at the Back River Wastewater Treatment, which is also operated by the city.
罢丑别听聽filed by Maryland Attorney General Brian E. Frosh (D) on behalf of the Maryland Department of the Environment in Baltimore City Circuit Court, includes fines of up to $10,000 every day the two largest wastewater treatment plants in the state continue to discharge more than their permitted amount. The lawsuit lists 10 permit violations for the Back River plant and nine permit violations for the Patapsco plant.
MDE inspected both of the plants again last month, according to the lawsuit.
鈥淥ur top enforcement priority is getting the city鈥檚 world-class treatment plants back into compliance immediately so we stay on track with the 2025 Chesapeake Bay restoration goal,鈥� Maryland Environment Secretary Ben Grumbles said in a statement.
鈥淲e鈥檙e filing the lawsuit and continuing to increase oversight of the city鈥檚 Department of Public Works since we uncovered the full scope of the problem, and we鈥檙e doing so in coordination with nongovernmental organizations that have already filed suit and share our goal for protecting local water quality.鈥�
The Baltimore City Law Department did not immediately respond to a request to comment.
Last month,聽, which empowers individuals and nongovernmental groups to sue the government for failing to enforce or comply with its requirements. This move allows a judge to force the city to resolve the wastewater treatment plants鈥� permit violations in a judicially enforceable consent decree, in the event that negotiations among Blue Water Baltimore, the city and Maryland environmental regulators break down.
MDE also filed a notice of intent to file a lawsuit against the city for both the聽听补苍诲听聽in federal court on Friday, which allows the state to bring their own federal lawsuit or join Blue Water Baltimore鈥檚 lawsuit.
Alice Volpitta, Blue Water Baltimore鈥檚 harbor waterkeeper, said that Blue Water Baltimore intends to file a legal motion next week to join the state鈥檚 lawsuit in Baltimore City Circuit Court. 鈥淭hat鈥檚 ultimately the way that we can preserve our ability to have a seat at the table when it comes to developing a legal agreement,鈥� she said.
She said this recent action by MDE was expected, as it is a reasonable next step to bring the two wastewater treatment plants back into compliance with their permits.
This action by MDE comes after聽聽Lawmakers questioned the agency鈥檚 diligence on enforcement following a sewage spill in Southern Maryland, a report about inadequate state inspections at poultry farms and a recent report by the U.S. Environmental Protection Agency raising concerns about the Maryland鈥檚 safe drinking water systems.
Lawmakers also raised concerns about plants across the state operating under 鈥渮ombie permits,鈥� or expired permits.
Environmental advocates said that they hope MDE continues to take a more active approach like this in the future.
鈥淲e hope this marks the beginning of a more active approach from MDE. The best way to ensure other wastewater plants, industrial polluters, and large agricultural operations aren鈥檛 violating their pollution limits is to enforce the law,鈥� Josh Kurtz, the Maryland executive director of Chesapeake Bay Foundation, said in a statement.
鈥淢oving forward, MDE must drastically increase inspections and enforcement as well as work judiciously to update expired 鈥榸ombie鈥� pollution permits at facilities throughout the state,鈥� Kurtz said. 鈥淒oing so will protect the health of residents and secure our progress toward Chesapeake Bay cleanup goals.鈥�
Editor鈥檚 Note: Josh Kurtz, the Maryland executive director of Chesapeake Bay Foundation, is of no relation to Josh Kurtz, founding editor of Maryland Matters.聽
