Press Statement

The Chesapeake Bay Foundation (CBF) is thanking Baltimore leaders including Mayor Brandon Scott for their quick action to modify a company’s wastewater permit to prevent potentially toxic wastewater contaminated by the train crash in East Palestine, Ohio from arriving in Baltimore.

The contaminated wastewater from the crash was scheduled to arrive in Baltimore as early as Thursday to be treated at a private facility operated by Clean Harbors. The treated wastewater was then to be routed to Baltimore’s troubled Back River Wastewater Treatment Plant. The plant was damaged by an explosion and fire earlier this month.

Today, Clean Harbors announced that it would not process the wastewater in Baltimore. The announcement came after Mayor Scott said the city would deny the company’s request to discharge the treated wastewater from the crash through the city’s wastewater system.

CBF opposed bringing the toxic wastewater to be treated in Baltimore due to the lack of information about what toxics and pollutants were in the water, how it would be treated, and the ongoing maintenance issues that have compromised the Back River Wastewater Treatment Plant.

In response to the news today, CBF’s Maryland Senior Scientist Doug Myers issued the following statement: 

“This was a poorly hatched plan from the beginning that failed to account for the ongoing and significant issues at Maryland’s largest wastewater treatment plant. We’re thankful Mayor Scott took the quick and bold action needed to stop this shipment of toxic wastewater from arriving in Baltimore. We urge Maryland and city leaders to re-focus on fixing the ongoing maintenance and staffing problems at the Back River and Patapsco wastewater treatment plants that have been documented for two years now. 

“While this decision was the right one, we stand with the residents of East Palestine who deserve to have their community fully restored from the harmful effects of the February train crash. The federal government must continue to hold the company responsible for the crash accountable and use a transparent process to ensure communities tasked with assisting in the cleanup are willing and able to do so.” 

Following the announcement that waste water from the East Palestine, OH, train crash will be ultimately disposed of at the Back River Wastewater Treatment plant, Doug Myers, the Chesapeake Bay Foundation’s Maryland Senior Scientist, issued this statement.

“The recent history of failures and violations at the Back River plant gives pause about whether this wastewater can be adequately treated. As of today, we are not sure whether the plant can handle the normal volume of waste it receives daily. 

“Nearby communities were already burdened by a litany of excess discharges at the plant. Disposing of this additional wastewater raises serious questions that must be answered to ensure the safety of the surrounding communities as well as the health of Back River and the Bay. Before any waste is delivered to the plant, there must be answers for the community’s concerns and a level of transparency that we haven’t seen at that plant in years.”

The Chesapeake Bay Foundation (CBF) announced its endorsement of the A. Donald McEachin Environmental Justice for All Act, which was introduced today by House Natural Resources Committee Ranking Member Raul Grijalva (D-Ariz.) and Rep. Barbara Lee (D-Calif.). Sens. Cory Booker (D-N.J.) and Tammy Duckworth (D-Ill.) introduced companion legislation in the Senate today as well.

Named for the late Richmond-area congressman and environmental justice champion, the legislation would empower, support, and protect low-income communities, communities of color, and tribal or Indigenous communities in the Bay watershed and around the country that are too often disproportionately burdened by multiple environmental and public health threats caused by polluting facilities such as natural gas pipelines, trash incinerators, and industrial plants.

The legacy of racist housing policies compounds the problem by leaving communities in cities like Baltimore, Harrisburg, Richmond, and Washington, D.C., more vulnerable to extreme heat, intense storms, frequent flooding, sea level rise, and other hazards exacerbated by climate change.

McEachin, who died last November, and Grijalva drafted the initial legislation in 2019 after gathering extensive input from environmental justice advocates and communities across the country.

Based on feedback from people who experience environmental injustice firsthand, the bill offers a comprehensive set of community-driven approaches to overhauling an inherently unjust federal system that fails to distribute resources equitably or listen to the voices of communities it marginalizes.

The McEachin Environmental Justice for All Act would protect communities from discrimination based on experiencing unequal impacts, such as elevated health risks, from pollution or other environmental degradation based on residents’ race, color, or national origin. The bill also would permit private citizens and organizations to sue when faced with such discrimination.

The bill would require federal agencies to consider the cumulative effects of permitting major projects like pipelines and dams in vulnerable and underserved communities. It also calls for federal agencies to provide early, meaningful opportunities for affected communities to actively participate in permitting decisions and offer community-led solutions. And it would block permits for projects that cannot demonstrate with reasonable certainty that they would not harm human health.

In addition, the legislation would authorize $75 million annually for environmental justice grant programs, promote more equitable access to parks and recreational opportunities for underserved urban communities, and ensure that environmental justice communities and workers are not left behind in the transition to a clean energy economy.

Carmera Thomas-Wilhite, CBF Vice President for Diversity, Equity, Inclusion, and Justice, issued the following statement on the bill:

“All people in the Bay region and around the country have the right to a clean, safe, healthy environment, regardless of who they are or where they live.  

“The A. Donald McEachin Environmental Justice for All Act would equip marginalized communities with a comprehensive set of legal, financial, and policy tools to combat the kind of entrenched environmental injustice that results in nine Superfund toxic waste sites being located within a 15-mile radius of the predominantly Black community of Portsmouth, Va., or deadly heat islands threatening formerly red-lined neighborhoods in Baltimore and Harrisburg. 

“I can think of no greater way to honor Rep. McEachin’s legacy of fighting for environmental justice and health equity than for Congress to act on this landmark legislation without further delay.” 

Today the Moore-Miller Administration issued a formal request to the Secretary of Commerce requesting the declaration of a federal fisheries disaster due to the impacts of invasive catfish and snakeheads in Chesapeake Bay. This request kicks off a formal review process by the Department of Commerce which could result in an infusion of federal funding to help address the impact of these invasive species on Maryland’s Chesapeake Bay fisheries and the associated ecological and economic harms. Similar funding was previously granted in 2009 following the precipitous decline of blue crabs. 

Blue and flathead catfish were first introduced in the 1970s and 1980s in Virginia to develop a recreational fishery. Since then, these invasive fish have expanded their range into nearly every Chesapeake Bay tributary. The blue catfish’s ability to tolerate varying salinities, temperatures, and habitat allows them to move easily throughout the Bay. These catfish are voracious predators that feed on native species such as menhaden, striped bass, eel, shad, river herring, and blue crabs. In areas where blue catfish populations are established, catfish make up approximately 75 percent of the total weight of all fish inhabiting the river.   

Snakeheads, which are native to Asia, have proliferated in recent years in freshwater areas of Bay tributaries after being discovered in the area in 2004. They are considered a threat to freshwater species such as largemouth fish and perch that share similar habitats. 

Following Gov. Moore’s announcement, Allison Colden, the Chesapeake Bay Foundation’s Maryland Senior Fisheries Scientist, issued this statement: 

“This is a critical first step in addressing the significant problem of invasive catfish and snakeheads in Chesapeake Bay. Federal support would help implement key programs to target harvest of blue catfish and other invasive species to mitigate their ecological damage, while supporting Maryland watermen who have been most affected by negative impacts on native fish species. This action will hopefully complement regulatory reforms up for debate in the next Farm Bill, which would remove catfish processing requirements that have so far hamstrung efforts to increase catfish harvest.  

“We applaud the Moore-Miller administration for their leadership in addressing this critical issue affecting the Bay’s ecosystem, watermen, and working waterfront communities.” 

The Chesapeake Bay Foundation (CBF) is urging Baltimore city and Maryland officials to act quickly to review and fix problems related to biosolids processing at the two largest wastewater treatment plants in the state after an explosion and fire Wednesday damaged a building at the Back River Wastewater Treatment Plant in Dundalk. 

Due to the seriousness of the issue and to stop the spread of misinformation through conspiracy theories about it online, CBF is calling on state officials to provide as much information as possible about the cause of the fire, how it will impact the plant’s overall operations, how public and worker safety will be protected, and how the plant will be fixed. 

The fire-damaged building was used to dry out sludge material separated from wastewater to later be used as fertilizer.  

Problems related to biosolids, or sludge, processing were first identified in the spring of 2021 after Blue Water Baltimore discovered excessive pollution discharges at the Back River plant and the Patapsco Wastewater Treatment Plants due to cascading operations and maintenance failures at the plants. Those failures led to sludge clogging up important equipment such as centrifuges and primary settling tanks designed to separate solids from wastewater during the treatment process, according to state-issued reports.  

At Back River, the state brought in Maryland Environmental Service (MES) to oversee fixes at the plant in March 2022. MES issued a report in July that directly linked issues with the third-party contractor Synagro’s struggles to process sludge material to the facility’s problems with filtering pollution from wastewater before it’s pumped into Back River. MES recommended sludge issues at the plant be fixed within six months, however it’s not clear if these fixes have been made or if they’re working. 

The most recent publicly available inspection report from Back River, released by MDE in January, found “crucial equipment maintenance and repairs are not being performed at Back River [Wastewater Treatment Plant]” and that officials have “failed to provide enough qualified staff to adequately operate and maintain the [plant].” 

At the Patapsco plant, the latest inspection report from Nov. 2 also details significant problems related to biosolids treatment and processing. Potentially flammable hydrocarbons present in the Patapsco plant’s sludge have been preventing Synagro from pelletizing, or drying out, the sludge at that plant, according to the report. The report noted that “process equipment issues have been outstanding for months and many for over one year” at the Patapsco plant. 

These ongoing maintenance and operations failures at Maryland’s largest wastewater plants are causing excessive amounts of pollutants to reach Chesapeake Bay. The Patapsco plant from Jan. to Nov. 2022 exceeded its annual permitted limit for nitrogen pollution by about 1.4 million pounds—nearly triple its permit limit, according to the Jan. inspection report. Phosphorus discharges from the plant exceeded the plant’s annual permitted limits by about 130,000 pounds—more than triple the limit. Similar statistics were not available in the state’s Back River inspection reports, but last year the Chesapeake Bay Program reported more than 2.5 million pounds of excess nitrogen reached the Chesapeake Bay due to operations failures at the Back River and Patapsco wastewater plants in 2021.  

The increases in nitrogen and phosphorus loads from these plants are risking Maryland’s ability to meet its Bay restoration commitments. Maryland’s Bay cleanup plan depends on significant pollution reductions from wastewater plants to meet agreed-upon clean water requirements.  

CBF’s Maryland Senior Scientist Doug Myers issued this statement: 

“It’s inexcusable that nearly two years after the litany of operations and maintenance problems were discovered at the Back River and Patapsco wastewater treatment plants that many of those problems still exist and have now led to serious questions about public and worker safety at the plants. It’s imperative that immediate progress be made to fix the sludge processing problems at both plants. The city must also hire more workers and properly train them on how to run these complex plants to ensure the two plants are not polluting local waterways and the Chesapeake Bay. 

“These are two of the most significant pieces of public infrastructure in the state and decisive leadership is sorely needed to bring them back to basic operating standards. Until the plants are operating properly, water quality in Back River, Patapsco River, and the Chesapeake Bay is threatened. The public deserves transparency and action to fix these problems and protect clean water.”

Spill Shines a Light on a Regulatory Loophole in Maryland

The Chesapeake Bay Foundation (CBF) is calling on Maryland Department of the Environment (MDE) to conduct a rigorous investigation into why a massive above-ground storage tank filled with processed poultry sludge failed earlier this month, causing more than 30,000 gallons of pollutant-laden waste to spill into nearby wetlands. 

In response to emailed questions from CBF, an MDE spokesman said the facility’s contractor removed the spilled sludge last week and spread straw mulch over the area. MDE is now investigating the spill of the substance, known as DAF, which refers to the dissolved air flotation process that removes the nutrient-rich solids from industrial wastewater, which are later used as fertilizer on farm fields. 

Residents and others raised concerns about the open-air sludge tank when it was first proposed because it would accept substances from poultry processing and rendering plants like the one formerly owned by Valley Proteins in Linkwood that failed to meet state operating requirements for years. The substances are known to smell bad and cause pollution issues if excessively applied on land. They are typically extremely high in nitrogen and phosphorus, the two main pollutants harming the overall health of Chesapeake Bay. 

CBF is also encouraging state agencies to review and consider adding regulations around substances removed from point source polluters such as rendering plants and wastewater treatment plants. These substances include poultry slurry and cake-like solids that are separated from wastewater during the treatment process and then, in many cases, later applied as fertilizer on agricultural land.

CBF believes the insufficient regulations around removed substances creates a significant loophole for polluters. Maryland state law does not require point source polluters to be responsible for this waste after it leaves industrial properties that operate under state-issued discharge permits. The removed pollutants are also not known to be adequately tracked by the state, leaving an incomplete picture of what happens to the pollutants after leaving industrial facilities. 

In the case of the poultry sludge tank, we know some of these removed substances have been discharged, without authorization, into Maryland wetlands. In other cases, removed substances may be over-applied to farm fields resulting in excessive amounts of nitrogen- and phosphorus-laden runoff reaching the Bay and its tributaries. Nutrient management plan regulations administered by the Maryland Department of Agriculture (MDA) are intended to ensure the proper and safe use of any nutrient source on farmland, but neither MDA nor MDE make clear that such plans for farms where these substances are applied result in this outcome. With the lax oversight, localities have been left on their own, with Dorchester County scrambling to prohibit tanks when one was proposed, and Wicomico County limiting new tanks after the one failing now was built. 

In response, CBF’s Eastern Shore Director Alan Girard issued the following statement: 

“The sludge tank failure in Hebron is a glaring example of Maryland’s mismanagement of pollution from industrial and agricultural facilities. The state is failing to track and mitigate nutrient pollution-laden substances that are removed from facilitates that operate with a state-issued discharge permit—a major loophole in Maryland’s water quality protections. 

“In this case, poultry rendering facilities are filtering out nitrogen and phosphorus from wastewater, creating a pollution-concentrated sludge, and then sending it to be stored in a massive tank to later be applied to farms as a fertilizer. Despite these nutrient pollutants making their way back into the environment, the pollutants are not known to be adequately tracked by the state and are no longer the responsibility of the facility where they were generated. In the state’s view, these pollutants have been mitigated through land application requirements. Meanwhile insufficient accounting and responsibility for these applications continue to compromise Maryland’s efforts to reduce water pollution from agriculture, the state’s largest source of Chesapeake Bay pollution.  

“The situation becomes even worse for the environment and local communities when one of these waste storage facilities fails, and the concentrated pollution spills into one location. It’s time for the state to seriously examine and address the issue of removed substances.” 

 

In an important step toward reducing sewage pollution to the James River and its tributaries, conservation groups and the County of Henrico have finalized a settlement agreement to reduce violations at the County’s Water Reclamation Facility and the system of pipes, known as the collection system, that send sewage to that plant.

The settlement agreement requires Henrico County to invest $1 million in an environmental project that will reduce pollution and benefit Henrico residents. The County will also take numerous other actions to address sewage pollution and protect the health of Henrico residents, including substantially improving notification of sewage overflows near where people live, work, and play.

This agreement is the result of concerns raised by the Chesapeake Bay Foundation (CBF), James River Association (JRA), and the Environmental Integrity Project (EIP) about decades of water pollution violations by Henrico County’s sewage collection system and treatment plant. In December 2021, CBF and JRA filed a lawsuit related to these violations in the U.S. District Court for the Eastern District of Virginia. JRA is represented by EIP, and CBF is represented by its own in-house attorneys.

The court dismissed the case on Feb. 28 after the conservation groups filed a motion to dismiss because a settlement was reached. In addition to the $1 million investment in environmental restoration, Henrico County agreed to modifications of its consent order with Virginia’s Department of Environmental Quality (DEQ), which now requires Henrico County to:

• Notify the public of sewage overflows from its collection system into waterways through a web-based map that is updated daily, and public outreach through door hangers and bill inserts;
• Accelerate construction of new filters at its wastewater treatment plant;
• Ramp up sewer inspections, including through video inspections of sewer pipes and smoke testing;
• Launch a problem sewer cleaning program;
• Consider a program to address sewage overflows originating on private property; and
• Take into account the effects of heavier rainfalls due to climate change on Henrico’s sewage system.

The 34-year-old Henrico County Water Reclamation Facility and its connected collection system have been subject to at least 40 violation notices and five different state consent orders since it began its operation in 1989. Raw sewage released into the James River related to these violations has posed a threat to the environment and the health of people who spend time on the water.

Chesapeake Bay Foundation (CBF) Virginia Executive Director Peggy Sanner issued the following statement:

“This settlement is a big win for Henrico County residents, who will now benefit from a $1 million investment in environmental restoration to reduce pollution, better access to timely information on sewage overflows, and many other measures that will protect residents and the James River for years to come. Achieving these goals was the result of dedicated work by all participating entities, including the County of Henrico, CBF, JRA, and EIP.”  

James River Association CEO Bill Street issued the following statement:

“This legally enforceable agreement ensures that the public will be better informed and protected from sewage spills and pollution violations. Additionally, we are pleased that all parties involved were able to reach agreement on projects that will benefit the James River and consider climate change impacts in future plans.”   

Environmental Integrity Project Deputy Director Jen Duggan issued the following statement:

“The James River is such an historic and iconic waterway, it is great news that this settlement agreement will help reduce sewage overflows that pose a public health threat to kayakers and anglers. Henrico County’s new public notification system, improved inspections, and wastewater filters – among other steps – will all help the cause of a healthy and restored James River.”

CBF: Harvest Increases Must Be Slow, Cautious for Oyster Recovery

The Virginia Marine Resources Commission (VMRC) today extended the Virginia oyster season in certain waters after a recent evaluation found the Virginia oyster stock at its best condition in a generation. 

This oyster season extension will likely lead Virginia’s public oyster harvest to top 300,000 bushels for the first time since the 1987-88 season, according to a VMRC staff evaluation. Virginia’s oyster fishery crashed after that season due to disease and overharvest. It is “only recently beginning to show signs of sustained recovery,” VMRC staff said, encouraging the VMRC to take “a conservative and incremental approach when considering increasing harvest amounts.” 

The Chesapeake Bay Foundation’s (CBF) 2022 State of the Bay report noted record years for oyster reproduction in both Maryland and Virginia in 2020 and 2021 coupled with several years of below-average mortality from disease and predators. But the CBF report cautioned that increasing the oyster harvest too quickly has limited recovery in the past.  

The Commission today approved a change supported by VMRC staff extending the oyster harvest season by two weeks in March and April in portions of waterways where oyster populations are strong. This is in addition to a separate season extension the VMRC approved in late January for portions of the James and Rappahannock Rivers.  

CBF Senior Regional Ecosystem Scientist Chris Moore issued the following statement. 

“Virginia’s latest oyster numbers are another promising sign that oyster populations are continuing to recover in the Chesapeake Bay and its tributaries. We are fortunate to now be able to contemplate harvest increases that benefit local economies and local seafood lovers.  

“Changes to oyster regulations must be done very carefully. In the past, increases in oyster numbers have quickly led to harvest increases, limiting long-term recovery.  

“The Chesapeake oyster is still in the very early stages of a comeback after a tremendous amount of investment in reducing pollution to the Bay, years of diligent fishery management, and significant successful state and federal investment in oyster restoration. To keep oyster numbers growing, harvest increases must continue to be done slowly, incrementally, and cautiously, as VMRC staff recommends.”  

Today legislators in the Virginia Senate and House of Delegates commended the Chesapeake Bay Foundation’s (CBF) environmental education program on its 50th anniversary with a joint  resolution. The resolution by Senator David Marsden and Del. Schuyler VanValkenburg is available at this link.  

CBF began its award-winning environmental education program in 1973 and has since provided hands-on outdoor experiences to more than 1.5 million people. Today, CBF’s program reaches more than 10,000 Virginia students and teachers a year through field trips, teacher training, curriculum materials, and restoration programs. 

CBF’s outdoor education programs combine learning with nature to benefit both the environment and educational outcomes. Research shows that outdoor learning helps students develop resilience, problem solving, critical thinking, leadership, and teamwork, and leads to higher test scores and stronger engagement in school. 

CBF Vice President for Education Tom Ackerman issued the following statement.  

“Environmental education connects students with the world that surrounds us. Hands-on learning, whether paddling a canoe, pulling up a crab pot, or investigating the health of a local stream, shows us how we’re all connected. This type of outdoor learning prepares students to solve the complex problems that face our society.  

“Over the last 50 years, CBF’s environmental education program has helped transform 1.5 million students into the next generation of leaders. We’re honored by this recognition from the Virginia House and Senate and look forward to many more years of hands-on outdoor learning with Virginia students and teachers.” 

Today, Maryland, Baltimore, and Baltimore County officials announced a new state bill to create a task force to examine wastewater and drinking water issues in the Baltimore region.

The legislation comes after former Maryland Attorney General Brian Frosh warned lawmakers that understaffing of water inspectors at Maryland Department of the Environment was compromising drinking water safety. Lack of staffing at MDE and other issues have also led to a nearly two-decade decline in water quality enforcement activities, according to a report by the Chesapeake Accountability Project.

In spring of 2021, significant failures at the state’s two largest wastewater treatment plants—Back River and Patapsco—were publicly revealed after an investigation by the nonprofit Blue Water Baltimore. In response, the state ordered the Maryland Environmental Service to take over the Back River plant from Baltimore City’s Department of Public Works to handle the backlog of maintenance and service needs. Since then, the Back River plant has shown improvement in reducing pollutant discharges into Back River. However, the latest MDE inspection report from the Patapsco plant shows it’s still struggling to meet its pollution permit limits due to service and maintenance failures.

Excessive pollution discharges from the two wastewater treatment plants operated by Baltimore City are compromising efforts in Maryland to meet Chesapeake Bay cleanup requirements.

In response to today’s bill announcement, CBF’s Maryland Senior Scientist Doug Myers issued the following statement: 

“The current system has serious flaws, as shown by the recent failures of the state’s two largest wastewater treatment plants and numerous customer service issues. Cooperation between the city and counties coupled with adequate maintenance funding are necessary to bring these systems back to 21st century operations. We hope this task force gets to the bottom of the troubling issues that have plagued the water and wastewater systems in the Baltimore area. We urge officials to use this opportunity to also increase transparency and communication with the community about ongoing wastewater and drinking water issues.”