Lakeside: We can Fix This, Right?  By Carol Voyles

Over 100 concerned citizens attended the Maryland Department of the Environment (MDE) hearing for the “tentative determination to reissue Lakeside’s permit” to discharge wastewater onto a spray irrigation field alongside Miles Creek. And due to concerns for the health of our Chesapeake Bay and its headwaters, dozens participated. That’s understandable. Talbot County has more shoreline than any other county in the United States (600 miles).

It is also understandable that this has been stressful for Trappe, and that in 2003 a Northern Virginia developer’s offer was welcomed with open arms. The town was millions of dollars in debt due to problems with its existing wastewater treatment plant (WWTP); and in exchange for building 2,501 homes and approximately 40 acres of commercial space, Rock’s Engineering Co. would chip in for the town’s municipal services and build a state-of-the-art wastewater treatment plant on site. 

A referendum was held to annex over 800 acres for the development. It passed, and the the first 120 homes would be connected to Trappe’s existing WWTP until the new spray wastewater irrigation plant was completed. As Attorney Ryan Showalter described in an interview, “So applying it to agricultural lands recharges the groundwater and puts those nutrients in a farm field where they can be used by trees or crops rather than putting them into the Bay.”

This offer would understandably be welcomed, and the town of Trappe may have had no reason to doubt his advice; but this project has been contested for nearly 20 years, and there are reasons for that.

The County Council approved Resolution 281 (the current wastewater treatment plan) 4-1 in April, 2021. Talbot County Public Works had voted 5-0 against plans for the project. The Planning Commission voted 3-2 in favor, but reversed that decision in November. 

The performance of Trappe’s current WWTP and the performance of spray wastewater irrigation in Maryland coupled with a lack of oversight have become concerns. And this is an exceptionally large development.

Our Comprehensive Plan finds Trappe’s WWTP “approaching 20 years of service and in need of upgrades to continue to serve the community:” Talbot’s Wye Mills spray wastewater system has failed; the Chesapeake Legal Alliance found only 25% of Maryland’s groundwater discharge systems in compliance when tested; the League of Conservation Voters finds MDE enforcement “chronically underfunded;” we have permit violations and a lawsuit concerning years of discharges at a poultry processing plant in Dorchester County; and following a spill, lack of oversight and enforcement statewide has been called out by Attorney General Brian Frosh. 

It has also not been helpful to the cause of moving ahead that the 119-page report of the engineering and environmental consulting Antea Group, commissioned by the Chesapeake Bay Foundation, concluded that MDE is using an outdated planning method for spray wastewater irrigation systems, and that Lakeside’s spray irrigation is unlikely to yield reliable results. This may be a matter for future consideration, but it impacts current decisions.

That study has yet to be referenced in public meetings; but we might ask advice from neighboring states. According to the report, Virginia and Delaware are employing superior planning and administrative methods.

The County Council Working Session on January 7 consisted primarily of map clarifications and presentations from representatives of the developer, and the town of Trappe updated information concerning plans to upgrade Trappe’s WWTP and a possible timeline. 

The January 15 Working Session again consisted primarily of procedural matters; but there was a complaint that we had heard from only one side on January 7 and a suggestion that we “do the right thing” was followed by a suggestion that there is “no 313 Amendment to consider.” President Callahan made a heroic effort to keep order, and Vice President Lesher reminded the Council and Planning Commission that PC approval is necessary to pass Resolution 313. 

The February 22 Legislative Meeting agenda includes consideration of Resolution 308 (to rescind Resolution 281) and Resolution 313 to amend our Comprehensive Water and Sewer Plan to require Trappe’s WWTP to be upgraded to ENR before additional connections are made.

It has been suggested that there are problems with all WWTPs, so why wait? After all, plans are being made to upgrade Trappe’s plant to ENR within 3 years. But a project of this size?  We understand the frustration, and the developer has decided to proceed knowing that there are ongoing concerns.

Working together at the local level is said to hold the most promise, and listening to one another is the place to start. We clearly recognize that Trappe has been stressed over these many years. I felt relief just writing about the developer’s rescue, but our Comprehensive Plan’s directive to protect the health and welfare of all our citizens must be a priority – and we have a path forward.

Stephen Harris, who raises cattle on a farm adjacent to the project and close to the headwaters of Miles Creek observed, “A very small group of people voted for this. When there’s overflow from the lagoon or leaching from the spray field, once it goes over the property line – which history says it will – it’s going to be on my property. It’s going to degrade my property and everybody’s property down below.”

That may or may not be accurate, but we were warned in 2009 that this project could take decades. It’s been hard on everyone; but let’s not make it even harder. There is a way forward. It would take a bit longer longer, but as Laura Price suggested, we should “do the right thing.”

Carol Voyles is a graphic designer/illustrator who retired to the Eastern Shore and became interested in politics. She serves as communications chair for the Talbot County Democratic Forum and lives in Easton.

 

 

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