Blue Water Baltimore and Fleischmann’s Vinegar Company enter into $1.3 million Settlement Agreement

BLUE WATER BALTIMORE AND CHESAPEAKE LEGAL ALLIANCE SETTLE $1.3M LAWSUIT AGAINST JONES FALLS STREAM POLLUTER

May 21, 2024

Contact

Alice Volpitta, Baltimore Harbor Waterkeeper

Blue Water Baltimore

(410) 236-9136

Patrick DeArmey, Senior Attorney

Chesapeake Legal Alliance

(410) 236-9552

Baltimore, MD – Blue Water Baltimore, along with its attorneys at Chesapeake Legal Alliance and Saul Ewing, LLP, have reached a $1.3 million settlement agreement with Fleischmann’s Vinegar Company, Kerry Inc., and Kerry Holding Co. for alleged water pollution violations into the Jones Falls, a local waterway in Baltimore which drains to the Inner Harbor.

The agreement, which was formally entered with the court on Tuesday, comes after Blue Water Baltimore filed a federal lawsuit against the companies in 2023 for ongoing unpermitted acetic acid discharges and other pollution after two fish kills were discovered in the Jones Falls. Under the agreement, Fleischmann’s has agreed to immediately stop all unpermitted discharges at the facility, continue monitoring in the Jones Falls to ensure that no further pollution enters the waterway from the plant, and pay more than $1.3 million to resolve the case. This figure includes $865,000 to fund environmentally beneficial projects to restore the Jones Falls stream, $25,000 in penalties to the U.S. Treasury, and funds to reimburse Blue Water Baltimore for fees and costs associated with the case.

This lawsuit comes on the heels of Blue Water Baltimore and MDE’s $4.75 million settlement with Baltimore City concerning pollution violations at Maryland’s two biggest Wastewater Treatment Plants (WWTPs), which was the largest clean-water enforcement action in state history. Together, these two enforcement actions will keep more than $2.76 million in the Baltimore region to help the people and waterways that were most severely affected by pollution. The Chesapeake Bay Trust, a nonprofit with extensive grant-making experience, will distribute the funds in the form of competitive grants based on public input to best serve the affected areas.

“We must listen to the people directly impacted by this incident and understand their wants for their watershed,” shared Chesapeake Bay Trust president, Jana Davis, Ph.D. “The Bay Trust is honored to be tapped to deliver resources back to this community and support their goals to protect and restore their natural resources.”

Blue Water Baltimore became aware of violations in September 2021, while investigating a fish kill in the Jones Falls in the immediate vicinity of the Fleischmann’s facility at 1900 Brand Avenue. Blue Water Baltimore documented unpermitted acidic discharges flowing through cracks in the concrete walls at the facility directly into the Jones Falls. Blue Water Baltimore’s testing revealed that the discharge contained acetic acid and pH levels as low as 3.72, much more acidic than regulatory requirements and the baseline level of the stream (around pH 8.0).

“This all began with a single call to our pollution reporting hotline, and it’s proof that one person can make a difference to protect their waterways,” said Alice Volpitta, Baltimore Harbor Waterkeeper with Blue Water Baltimore.

“We brought this case to address the pollution that was degrading the local ecosystem and hindering the public’s ability to enjoy and recreate along the Jones Falls,” said Patrick DeArmey, attorney at Chesapeake Legal Alliance. “We are thrilled that this settlement ensures the pollution will end and puts the bulk of the payments towards projects that directly benefit the Jones Falls and the community.”

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Blue Water Baltimore, home of the Baltimore Harbor Waterkeeper, is a local 501(c)(3) nonprofit watershed organization with a mission to restore the quality of Baltimore’s rivers, streams, and Harbor to foster a healthy environment, a strong economy, and thriving communities.

Chesapeake Legal Alliance is a 501(c)(3) nonprofit organization dedicated to providing free legal services, with a mission to apply the power of the law to protect and restore clean water and promote healthy, resilient ecosystems for communities across the Chesapeake Bay watershed.