The recently-announced agreement between the Maryland Department of the Environment and Exelon Corporation regarding the Conowingo Dam is a baby step in the right direction, but does not do enough to protect the Chesapeake Bay or Sassafras River. At a time when we need innovative, comprehensive solutions to major environmental threats, these two parties have instead elected for a feel-good deal that only requires Exelon to pay for 3% of what they need to contribute to adequately address the problem. Exelon is trying to get off with minimal investment, making this less of a deal and more of a steal.
It’s undeniable that the sediment, trash, and debris at the dam is generated by our northern neighbors, New York and Pennsylvania, and not by the dam itself. We need to hold these states accountable for reducing their pollution as well. However, Exelon is the only entity that profits from the water flowing through the dam. No one should be allowed to profit from a public natural resource without having to contribute to the protection and restoration of that resource. It is inexcusable that Maryland watermen, boaters, homeowners, and taxpayers have to suffer the consequences of this trash and pollution flowing down the Susquehanna and are then expected to pay for the cleanup.
The Sassafras River is only 11 miles from the mouth of the Susquehanna, so we are one of the first areas to feel the effects every time the Conowingo flood gates are opened and trash, sediment, and other pollutants are allowed to flow free. There should not be tractor tires, 55 gallon drums with Pennsylvania addresses, or nurdles (pre-production industrial plastic pellets) washing up on our Sassafras shores, especially when Exelon has the opportunity to prevent them from entering the Bay, but instead balks.
Photo: There needs to be accountability across the board to prevent large amounts of trash, debris, and pollutants that are released from the Conowingo Dam into the Chesapeake Bay and Sassafras River. These tires were pulled from a large debris field in the Sassafras that forms every time the gates at Conowingo Dam are opened. Photo credit: Evan Moore
The updated 401 Water Quality Certification for the dam called for Exelon to pay $127 million per year for the 50-year term to begin to address this problem. Now Exelon is trying to claim that $4 million a year, or about 3% of what is needed, is a monumental victory. It’s not. The deal was brokered behind closed doors exclusively between the Maryland Department of the Environment and Exelon, so the only thing that is monumental here is the lack of transparency and enforcement opportunity.
The final affront is that the meager amount Exelon is proposing to pay would go into the state’s Clean Water Fund, which can be raided and reallocated at any point by the governor or legislature for other purposes, so the money might not even be used to address the issue at hand.
None of this is to say that Conowingo or Exelon is the bad guy. For many years,until it reached the end of its effective lifespan, the dam was the most effective best management practice in the entire Bay and trapped tons of sediment and debris. But past success is no excuse for current complacency. Exelon prides itself on being innovative, sustainable, and groundbreaking, so any settlement that is reached should reflect those values in a tangible, enforceable manner that benefits the health of our waterways. Exelon needs to step up and contribute their fair share for meaningful change because Marylanders deserve a healthy Bay and a clean Sassafras River. A problem this big needs accountability at all levels.
Zack Kelleher
ShoreRivers
Sassafras RIVERKEEPER
ShoreRivers protects and restores Eastern Shore waterways through science-based advocacy, restoration, and education.
shorerivers.org
Catherine Carey says
Swimmers hurt when the dam gates are opened. I thank the three women who pitched in to move tree trunks, tree stumps, 8 foot long limbs, and other large debris up past the high tide mark on our swimming beach. We filled 1/4 of a dumpster with smaller debris. I thank local government staff who finished the job with heavy equipment.
Caroline D. Gabel says
At least there is some recognition here that the Upstream farmers, communities, and their state governments deserve a large part of the onus for preventing FUTURE degradation as well as helping with the current costs.
The Clean Water Act (I know cuz I was there when my boss U.S. Rep. John Blatnik, and Sen. Muskie, wrote the law) allows the same sort of interstate lawsuit that was so successfully used by the East Coast against Midwestern sources of air pollution and greenhouse gasses. WHY IS IT NOT BEING USED HERE?
Many partners need to combine to deal with the current Conowingo situation, including Excelon but unless there is some way to force the upstream states to fulfill their responsibilities to the Chesapeake, the problem of silt and junk will just keep happening.
Gren Whitman says
Ms. Gabel says it all in this single sentence: “Many partners need to combine to deal with the current Conowingo situation, including Excelon but unless there is some way to force the upstream states to fulfill their responsibilities to the Chesapeake, the problem of silt and junk will just keep happening.”
Thanks, Ms. G!
PS: The “upstream states” are Pennsylvania and New York. Period.
Frederick S. Patt says
If there was no Conowingo dam, the same amount of junk would wash into the bay over time, including major storms. Perhaps the timing would be different, but no more.
There is a series of dams along the Susquehanna starting in New York, some of which have as much influence on water quality as Conowingo. Why isn’t anyone going after them?
William Herb says
Although Governor Hogan attempts to distance himself from the current White House incumbent, his attempted Trumpian shakedown of Exelon has not ended with a bang, but rather with a whimper. Hogan’s original claim was that Exelon should be liable for $172,000,000 annually for environmental damage to our beloved Bay. Exelon estimated that under this fanciful scenario, its total cost would be about $7,000,000,000. Upon further consideration, the Governor decided that the number should be $200,000,000. That sounds like a winner, except that is not an annual tribute, but one to be paid over 50 years, or about $4,000,000 annually. This is less than 3% of the originally proposed amount and points out the patent weakness of the Governor’s original claim concerning Exelon’s liability.
Others have agreed that the problems originate above the Conowingo Dam, and I have made that argument for years. However, Exelon is not behaving as a good steward of the Bay, and could voluntarily provide greater technical and financial support. Many of us, Exelon included, should step up and be prepared to make some voluntary sacrifices to save our Bay. Many others of us, especially those contributing sediment, nitrogen, phosphorus, and trash above the Conowingo Dam, should be prepared, if voluntary measures are insufficient, to be subject to involuntary measures.
Our elected officials have the obligation to ascertain just what these measures will be. But they need to stop the political posturing and approach the issue from a scientific and rational manner.