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Settlement reached in suit over Back River and Patapsco Wastewater Plants

Imposes penalty of $4.75 million
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BALTIMORE — Maryland officials announced the settlement of a lawsuit against Baltimore City over pollution from the state's two largest sewage treatment plants.

It provides accountability for required corrective actions at both the Back River and Patapsco plants, imposing a civil penalty of $4.75 million.

$2 million of that is to be set aside for competitive grants to improve water quality in the Patapsco and Back River.

“This settlement puts us on the right path to repair and upgrade our state’s two largest wastewater treatment plants, which means healthier waterways, a healthier Chesapeake Bay, and a healthier Maryland,” said Maryland Environment Secretary McIlwain.

Inspectors are observing improvements at the plants and will continue to monitor the situation and provide technical assistance for repairing and upgrading equipment.

The settlement includes requirements that Baltimore City:

  • 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

The settlement provides financial incentives to the city for completing the requirments on schedule.
DPW issued the following statement:

While these issues originated years prior, 2021 was the year that many of the issues at both plants escalated. During this time, like much of the country, we endured a number of challenges including staffing shortages, the retirements of senior personnel, and supply-chain disruptions,” said DPW Interim Director Richard J. Luna. “Despite this, the DPW team coalesced after receiving MDE’s letter to identify a pathway to overcome years of challenges and implement a strategic plan of action that has helped us already address the overwhelming majority of our requirements. As we work to tackle the longer-term action items, we will continue to coordinate with our regulators and advocates to ensure a more secure future for these plants.

In the summer of 2021, DPW was notified of standing violations dating back to 2017 at both plants.

The Maryland Department of Environment issued a compliance letter calling for corrective measures with alleged permit violations.

As a result, the nonprofit 'Blue Water Baltimore' announced plans to sue for violating federal and state clean water laws.

The lawsuit accused Fleischmann's Vinegar Company of polluting the Jones Falls over multiple years.

The Falls feeds into the Patapsco River in Baltimore.

Blue Water said the pollution is very acidic and blamed it on two 'fish kills' that happened in Sept. 2021 and Oct. 2022.

RELATED: Baltimore nonprofit sues over water quality

Since then, the Wastewater Treatment Plants Consent Decree was both negotiated and agreed upon.

That Consent Decree settled the lawsuits.

The settlement will become effective when approved by the Baltimore City Board of Estimates.