Blue Water Baltimore Asks Court to Proceed with Case Against Baltimore City Over Wastewater Treatment Violations

April 13, 2022

Baltimore, MD—Blue Water Baltimore (BWB), home of the Baltimore Harbor Waterkeeper, is moving forward with its federal case against Baltimore City, originally filed in December 2021, over ongoing violations of the Clean Water Act at the Patapsco and Back River Wastewater Treatment Plants.

The parties had previously agreed to pause litigation temporarily to explore a potential settlement. After four months without resolution, BWB, represented by Chesapeake Legal Alliance and Barley Snyder, LLP, has asked the U.S. District Court for the District of Maryland to lift the pause and require Baltimore City to respond to the federal complaint. Despite public statements claiming improvements at the plants, data from Baltimore City show increasing pollutant concentrations, and Maryland Department of the Environment (MDE) inspection reports document ongoing violations and safety concerns for plant workers. BWB is pressing for accountability and full compliance to protect Maryland’s waterways and the communities that rely on them.

“The time for finger-pointing is over. We can’t wait any longer, and proceeding with our federal enforcement action is necessary at this point,” said Alice Volpitta, Baltimore Harbor Waterkeeper at Blue Water Baltimore. “The latest reports show that the pollution is getting worse and jeopardizing worker safety, and after four months of negotiation we still don’t have the information necessary to develop a settlement agreement. We’re moving forward with our case because the City must be held accountable to the public for a transparent solution.”
“Every day that goes by without a plan to bring these plants into compliance jeopardizes public health and worker safety, harms the environment, and potentially wastes the substantial investments in these plants made by Baltimore residents and all Marylanders,” said Angela Haren, Senior Attorney at Chesapeake Legal Alliance. “The years of neglect of the plants has reached a breaking point. It is imperative that we immediately develop a plan to get the plants into compliance and compel the City to adhere to that plan under a court order.”

Late last month, MDE ordered Maryland Environmental Service to temporarily take over operations of the Back River Wastewater Treatment Plant after discovering deterioration that could lead to a potential “catastrophic” failure. As Maryland’s two largest wastewater treatment plants, violations at these facilities pose significant risks to workers, public health, and ecosystem health, while also hindering the state’s progress toward Chesapeake Bay cleanup goals.

Acting on behalf of its members, BWB is calling on Baltimore City to correct the pollution violations, repair damage to the waterways, and restore public confidence in the City’s ability to operate the plants in compliance with federal Clean Water Act standards. BWB remains confident that this lawsuit will achieve a productive outcome in the public interest once all parties implement an expedited plan to bring the facilities into compliance.

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Blue Water Baltimore 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.

Contact

Alice Volpitta, Baltimore Harbor Waterkeeper, Blue Water Baltimore, (410) 236-9136, avolpitta@bluewaterbaltimore.org

Angela Haren, Senior Attorney, Chesapeake Legal Alliance, (415) 310-3550, angela@chesapeakelegal.org