Maryland settles with Baltimore in suit over discharge from city's wastewater plants

BALTIMORE -- Maryland officials announced a settlement with Baltimore Thursday in a lawsuit over pollution from the city's Back River and Patapsco wastewater treatment plants.

The city entered into a consent decree with The Maryland Department of the Environment and Blue Water Baltimore that includes a civil penalty of $4.75 million and a timeline for improvements at the two largest sewage treatment plants in the state. 

The lawsuit, filed in 2022 by the Maryland Attorney General's Office on behalf of the MDE, alleges the city violated its discharge permits and state water pollution laws, which undermined Chesapeake Bay restoration efforts by the state. Blue Water Baltimore joined the lawsuit shortly after it was filed. 

The state said $2 million of the civil penalty will be set aside for competitive grants "to improve water quality or restore aquatic habitat in the Patapsco and Back River watersheds."

As detailed by the Maryland Attorney General's Office, the city is required to:

• Achieve necessary staffing levels to carry out operation, maintenance and testing functions of both plants
• Post quarterly updates online tracking the progress of corrective actions and work performed
• Hold at least one virtual and one in-person public meeting annually for each facility
• Install signs to notify the public of submerged wastewater treatment effluent pipes and lighting to indicate any sewage bypass and release at the plants
• Hire an independent engineer to assess plant performance

As part of the settlement, there are financial incentives to the city for completing the requirements on schedule.  

"The resolution of this lawsuit reflects the State's and the City's shared commitment to the goals of protecting the health and well-being of our community and waterways," Attorney General Anthony Brown said in a statement. "The improvements to the Back River and Patapsco wastewater treatment plants required under the agreement are critical to furthering these goals.  

The settlement would become effective upon approval by the Baltimore City Board of Estimates. The agreement is set to go before the spending board on November 15. 

"Today's settlement is an encouraging step forward but is the first step of many needed to rectify the harm these plants have done to the Bay," said Chesapeake Bay Foundation's Maryland Executive Director Allison Colden. "Much of Maryland's progress in Bay cleanup has been achieved by reducing pollution from wastewater and we cannot backslide on that progress."

 "Transparency and accountability will be crucial. We are hopeful that sufficient staffing, improved operations, and enhanced public communications will significantly benefit local waterways and communities that have been damaged by previous failures of these facilities."