Today, Advancing State Clean Water Laws is More Important than Ever
At Waterkeepers Chesapeake, we believe that advancing local policy is key to driving broad-scale change. We are often asked if the bills we pass are making a meaningful difference. Answering that question can be challenging, especially translating it into something that is tangible and relevant to a person’s life or community. State-level policy work can be slow, offers no guarantees, and even if successful, is often only the first step in a long road to secure and protect funding and successful implementation.
To demonstrate the long-ranging impacts of successful implementation, let’s travel all the way back to 2021, when our coalition of Waterkeepers and partners in Maryland worked to pass the Citizens Intervention Bill (SB 334/HB 76). Waterkeepers Chesapeake had championed this reform since 2009, first through a legal process with the EPA and finally through this legislation. Before this bill was passed, people and communities harmed by water pollution couldn’t legally intervene in a Clean Water Act lawsuit brought by the state, due to a prior decision by the Maryland Court of Special Appeals that made it virtually impossible for the public to utilize its legal rights in state court. However, Waterkeepers believe that as budgets decrease and government oversight is reduced, the public’s enforcement of environmental laws is more necessary than ever. Under this bill, individuals, cities and counties could intervene in state court, which means they have a seat at the table when a case is being settled or heard in court. Their participation leads to cleaner water through stronger enforcement, penalties, and funds going to the impacted communities.
“Community members are usually the first to notice when something is wrong – and they should have the right to demand change when it is needed,” said Sen. Jill Carter (District 41), at the time the bill was passed. She introduced the bill in 2021 along with longstanding environmental advocate Del. Sara Love (District 16) (now Senator Love).
The initial impacts of the bill were not immediately felt, and the topic was hard to explain to the general public and funders – it was a bit “wonky.” Advancing enduring policy changes through regulatory actions or legislation often takes years, doesn’t lend itself to engaging stories or images, and can involve messy “sausage making” processes. But what needs to be understood is how critical policy advancement is to making the systemic change we’re all after. In this case, over the next several years, at least three landmark cases were made possible due to the Citizen’s Intervention Bill, with widespread pollution reduction in the Chesapeake region. Each of these cases involved many local partners and legal services, such as those provided by Chesapeake Legal Alliance, working together with Waterkeepers.
In the Patapsco watershed, the Baltimore Harbor Waterkeeper was able to intervene when two sewage treatment plants were releasing millions of gallons a day of partially treated sewage into the Patapsco and Back Rivers, in an ongoing violation of the federal Clean Water Act. The nitrogen pollution from the Patapsco facility jumped by an astonishing 10 times the levels experienced when the facility was operating in good condition. Baltimore City ultimately agreed to pay a $4.75 million fine that will go in part towards restoration of the rivers, and to enter an agreement (known as a consent decree) that actions will take place in a certain time frame regarding operations of the plant. Years later, the State and EPA attribute bringing these large facilities back into compliance led to the dramatic turnaround of Bay restoration progress statewide.
“This is a huge victory for clean water and for Baltimore residents,” said Alice Volpitta, Baltimore Harbor Waterkeeper at Blue Water Baltimore, in their press release in 2023. “Not only does this decree provide oversight and transparency to ensure the plants will stay compliant, but it provides needed funds for restoration in the watersheds directly affected by mismanagement at these plants. We look forward to working with MDE to make sure the plan is followed.”
In the Potomac, the Potomac Riverkeeper was able to intervene against St. Mary’s County’s Metropolitan Commission (MetCom) sewage treatment plant for persistent and illegal discharges of raw sewage into the oyster beds. From 2017 through 2022, MetCom discharged nearly 2.2 million gallons of sewage on 58 occasions, and 27 Virginians were sickened after eating oysters. The state found that MetCom had exceeded its permit by 7,823 pounds of Nitrogen and 647 pounds of Phosphorus in 2022 alone. The ultimate settlement and consent decree required correction of deficiencies and a $250,500 fine to be partially directed towards oyster bed restoration.
In their press release of 2024, Dean Naujoks, Potomac Riverkeeper, said, “The steps to halt raw sewage discharges into the Potomac are among the most significant in the history of the Potomac watershed and certainly the broadest in my 20 years of fighting for clean water. I am so proud to have been a part of it. Everyone will have a safer river – and safer oysters – because of it.”
And on Maryland’s Eastern Shore, ShoreRivers and the Choptank Riverkeeper were able to intervene on a case involving Valley Proteins Inc., a poultry rendering plant that processes 4 million pounds daily of chicken entrails and feathers for pet food. The facility’s permit allows the release of 150,000 gallons per day of wastewater and is believed to be responsible for one-third of the nitrogen pollution of the Tranksquaking River, which is designated as impaired by the state for excessive nutrients. In February 2021, Choptank Riverkeeper captured drone footage of discolored discharge from an outfall that leads directly to the Transquaking River. Inspections by MDE found illegal discharge, sludge and inadequately treated wastewater being released, and leaking tanks. Following a year of litigation, ShoreRivers and their partners reached a settlement that requires $540,000 in civil penalties and $160,000 for water quality monitoring and restoration, as well as numerous corrective actions on site. At one point, the state had been considering giving the company $13 million in public funds to fix their outdated system, as well as a four-fold discharge permit increase to the facility. ShoreRivers and the coalition fought back.
“It took a team of nonprofits, including the Chesapeake Legal Alliance [representing the environmental groups], to finally force MDE into taking a strong position to protect water quality from one of the state’s worst permit violators,” said Matt Pluta, Choptank Riverkeeper and Director of Riverkeeper programs at ShoreRivers, in an article by Maryland Matters.
Looking back at just this handful of actions made possible by one piece of legislation spearheaded by Waterkeepers Chesapeake it is fair to say that this advocacy generated millions of pounds of pollution reduction. So, yes, while the legislative process is “messy” and some bills are wonky and hard to explain, it must be acknowledged how critically important our legislative and legal advocates are to keeping our local rivers, streams and communities healthy, and the Chesapeake Bay restoration process headed in the right direction. Few people understand the environmental rights they possess under the Clean Water Act – but we do. And we never stop fighting for those rights and the ecological and public health benefits that come through their vindication.
It takes many hours of work, a massive coalition, and passionate legislators, to make progress. This is an important story to tell. Waterkeepers are making a difference with this type of work, with the Citizen’s Intervention Bill being only one example. Over the years, our coalition has had incredible success improving the protections for clean water in Maryland in many bills, such as legislation that requires the department to improve staffing and enforcement actions (Discharge Permits – Inspections and Administrative Continuations Bill, SB492/HB649), or that requires the use of an Environmental Justice screening on new permits (Permit Applications – Environmental Justice Screening Bill SB818/HB1200). In fact, Maryland was the first state in the nation to pass a response to the Supreme Court decision Sackett v EPA when our coalition successfully passed the Clean Water Justice Act (SB653 / HB1101) in 2024 to restore Marylanders’ right to sue polluters lost under that decision.
With your support, we hope to share many more success stories in the years to come.
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