Press Release
April 4, 2024
Baltimore, MD—Blue Water Baltimore (BWB), represented by Chesapeake Legal Alliance (CLA) and Saul Ewing, LLP, announced today a settlement agreement with Fleischmann’s Vinegar Company addressing alleged water pollution violations in the Jones Falls, a local waterway that drains to Baltimore’s Inner Harbor.
The agreement comes after Blue Water Baltimore filed a federal lawsuit against the company and Kerry Inc. a related company and Kerry Holding Co. its corporate parent, in 2023 for ongoing acetic acid discharges and other pollution after two fish kills were discovered in the Jones Falls. Under the agreement, Fleischmann’s has agreed to begin decommissioning activities at the facility immediately, continue monitoring in the Jones Falls to establish no more pollution is entering the waterway, and pay more than $1.3M to resolve the case, including $865,000 to fund environmentally beneficial projects to restore the Jones Falls stream, $25,000 in penalties to the U.S. Treasury, as well as funds to reimburse BWB for fees and costs associated with the case.
BWB first became aware of violations in September 2021 while investigating a fish kill near the Fleischmann’s facility at 1900 Brand Avenue. Testing revealed acidic discharges seeping through cracks in the concrete building into the Jones Falls, with acetic acid and pH levels as low as 3.72—far more acidic than the stream’s normal baseline of 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. “Blue Water Baltimore is going to keep holding polluters accountable on behalf of our members. While others turn their backs on our streams, we will never give up on the Jones Falls.”
Following BWB’s notice, the Maryland Department of the Environment (MDE) also brought a state enforcement action against Fleischmann’s for violations of its discharge permit. Settlement negotiations are ongoing and are expected to provide additional injunctive relief to stop ongoing pollution.
The Fleischmann’s facility, originally built in the 1880s as a vinegar plant and previously the Melvale rye whiskey distillery atop a stone structure from the 1830s, was constructed directly over the Jones Falls. The aging building had missing roof sections and drain holes in the floor that were dye-tested and proven to connect directly to the stream in multiple locations. Shortly after BWB filed its federal lawsuit, Fleischmann’s announced it would cease manufacturing vinegar in the historic building.
This settlement ensures accountability, protects the Jones Falls ecosystem, and directs funds toward restoring the waterway and supporting the Baltimore community.
“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.”
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.
Alice Volpitta, Baltimore Harbor Waterkeeper, Blue Water Baltimore, (410) 236-9136
Patrick DeArmey, Senior Attorney, Chesapeake Legal Alliance, (410) 236-9552
