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March 20, 2023

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Ecosystem Eco Homepage

Report: Majority of Md. Poultry Farms Failed Inspections But Faced Few Penalties

October 28, 2021 by Maryland Matters

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Eighty-four percent of poultry farms in Maryland failed their first state inspection over the last several years, most due to inadequate waste management and failure to keep records — but the state rarely penalized poultry farms for their violations, according to a recent report by an environmental watchdog organization.

Out of 182 poultry farms that were inspected, 153 failed their initial inspection and 78 failed follow-up inspections from 2017 to 2020. Two thirds of the inspected poultry farms failed due to waste management problems and 95% failed to file annual reports to the state or maintain records about their operations, the report by the Environmental Integrity Project on Maryland’s poultry industry found.

Despite the failed inspections, the report found that the Maryland Department of the Environment, which is responsible for issuing water pollution control permits for animal feeding operations and for enforcing the federal Clean Water Act, imposed fines on only eight of the 78 facilities with repeated violations, and collected fines from only four poultry farms.

Jay Apperson, a spokesman for MDE, said he could not comment on the report’s findings because MDE has not seen it. But, he said, “The Maryland Department of the Environment, in coordination with the Maryland Department of Agriculture, maintains a strong program to enforce environmental regulations pertaining to poultry operations. A high percentage of violations that are found are associated with record-keeping requirements, as opposed to water quality issues. Where we do find environmental concerns we focus on returning facilities to compliance with regulations, but we will go after polluters and impose financial penalties when needed.”

The Environmental Integrity Project report is based on public records obtained from MDE and MDA from Maryland’s Public Information Act law. For the last nine months, EIP reviewed more than 5,000 pages of poultry operation inspection reports and other state records to evaluate how much oversight there is of the state’s poultry operations.

The state has limits on how much manure farmers can apply to fields that already have high soil phosphorus levels. Adding manure to fields can help provide nutrients for crops, especially when soils are low in phosphorus. However, excessive phosphorus on fields can get into waterways after storms, which risks algal blooms and sucks up the oxygen needed by fish.

According to the Chesapeake Bay Foundation, agriculture runoff is the largest source of pollution into the Chesapeake Bay, contributing to 40% of the nitrogen and 50% of phosphorus in the Bay.

Twenty-nine of 57 poultry farms that EIP reviewed reported to the state that they had been applying illegal amounts of animal manure on their crop fields in 2019. Most farms are required to have nutrient management plans when fertilizing crops and managing animal manure in order to prevent excess nutrients going into waterways, and the Maryland Department of Agriculture is responsible for enforcing these plans.

But MDA has not issued any fines on poultry farms for spreading excess poultry manure, according to Jason Schellhardt, the spokesman for the agency.

Currently, there are 553 permitted poultry concentrated animal feeding operations (CAFOs) and Maryland animal feeding operations (MAFOs) in Maryland, according to Apperson. In 2019, Caroline County had 108 poultry farms that produced almost 50 million birds, the highest number in any county, according to the report. Dorchester County had 45 poultry farms in 2019, which yielded 28 million birds.

The report also found that 174 poultry operations on the Eastern Shore are within 400 feet of a house, which increases residents’ exposure to ammonia, dust and manure particles. Only 64 of these poultry farms had vegetated buffers such as a row of trees between the poultry house and residents’ homes, which is a way to divert emissions, the report said.

In 2016, Wicomico County residents formed Concerned Citizens Against Industrial CAFOs to oppose construction of what was going to be the largest poultry operation in the state near Salisbury, citing health concerns from air pollution and manure that could pollute drinking water sources. Two years later, the chicken farm operators canceled their plans.

During the 2020 legislative session, Del. Vaughn Stewart (D-Montgomery) introduced a bill that would have blocked the expansion of industrial poultry operations in the state by precluding MDE from issuing stormwater permits for any animal feeding operations producing more than 300,000 chickens annually. However, the bill never made it out of committee.

MDE has just three employees who perform in-person inspections at poultry farms and MDA has nine employees who oversee nutrient management plans of over 5,000 farms across the state. The report found that the number of poultry farms inspected by MDE fell by 40% since 2013.

To improve poultry farms’ compliance with the federal Clean Water Act and state laws, EIP recommends that MDE and MDA impose more penalties against poultry farms in violation with their nutrient management plans and water permits. The report also recommends that the state hire more inspectors, increase water and air monitoring near poultry farms and enforce the state’s new manure application rules for farms.

“MDA is failing to provide any reality-based ground-truthing or accountability for the largest single source of pollution in the Bay, the agricultural industry,” the report states. EIP also described state oversight over poultry operations as “an empty paperwork exercise that falls well short of what is needed to control agricultural runoff pollution or protect the Chesapeake Bay.”

By Elizabeth Shwe

Filed Under: Eco Homepage Tagged With: agriculture runoff, CAFO, Chesapeake Bay, clean water act, farms, inspections, Maryland, mde, nitrogen, phosphorus, poultry, records, waste management, water pollution

After Years of Legislating, Anton’s Law Goes Into Effect

October 1, 2021 by Maryland Matters

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After several legislative attempts in past years fell short, beginning today, civilians will have the right to request to review police misconduct records.

Anton’s Law, named after 19-year-old Anton Black, who died in police custody in 2018, reclassifies police administrative and criminal misconduct records from personnel records to public records, allowing them to be inspected by civilians through the Maryland Public Information Act.

“Let me be clear, we are not seeking justice for Anton because justice would have been Anton being alive today — with his daughter, with his family, with the very community that raised him,” Del. Gabriel Acevero (D-Montgomery), the bill’s House sponsor, said at a news conference Thursday. “But what we can get and what we’re fighting for is accountability … that will not only ensure transparency but ensure that those members of the public who are seeking information about investigative and misconduct records, that that information is not only accessible but we’re changing the way law enforcement operates in our communities.”

The law also puts limits on when no-knock search warrants can be utilized by police agencies, alters the standard requirements placed on general search warrants and requires law enforcement agencies to provide annual summarized data reports regarding their use of search warrants to the Governor’s Office of Crime Prevention, Youth and Victim Services.

Acevero and Sen. Jill P. Carter (D-Baltimore City), the bill’s Senate sponsor, unsuccessfully worked two versions of legislation bearing Black’s name in the General Assembly before their bill passed in 2021.

“My hope is that with the passage of Anton’s Law, we will no longer allow the patterns and practices of unconstitutional policing … and most importantly, we will save lives by preventing other heinous, brutal, extrajudicial killings such as that of Anton Black,” Carter said Thursday.

On Sept. 15, 2018, Black was chased on foot by police to his Greensboro home, forcibly dragged from a locked car, put in restraints and subdued under the weight of law enforcement officers for several minutes.

He died on the ground, feet away from the entrance of his mother’s home.

“Out of fear, this mother, this loving mother, Anton’s mother, had to compose herself the entire time while they were killing her son,” said René Swafford, an attorney representing the Black family. “And even in the midst of her pain, her anguish and her fear, she was the only one on the scene that night that did anything to try and de-escalate the situation.”

Carter said that Anton was “one of 31 extrajudicial killings” in Maryland in 2018.

“They threw him on the ground, they beat him, they choked him. He’s crying for his mother,” said Anton’s father, Antone Black. “My son was George Floyd before George Floyd, and there’s no justice, so far, for Anton Black, and there’s no peace for me.”

According to an autopsy report published by The Baltimore Sun, Maryland’s former chief medical examiner, Dr. David Fowler, ruled that sudden cardiac death with factors contributed by Black’s diagnosis of bipolar disorder was the cause of his death.

Fowler testified for the defense during the murder trial of former Minneapolis Police Officer Derek Chauvin in the George Floyd case. In his expert testimony, Fowler ruled that Floyd did not die because he was restrained, but because of sudden cardiac arrest exacerbated by drug use and potential carbon monoxide poisoning from vehicle exhaust.

Maryland Attorney General Brian E. Frosh (D) called for an audit of deaths in police custody overseen by Fowler during his nearly 20-year tenure.

‘The murders will not stop’

The Black family struggled for months to access police and autopsy records following his death.

Black’s sister, LaToya Holley, testified before the House Judiciary Committee in 2020 that only after the media pressed Gov. Lawrence J. Hogan Jr. (R) to comment on the case did they receive any State Police or Medical Examiner reports.

Holley said Thursday that, in the meantime, her brother was “demonized purposefully and was made out to be this really bad young man to … prevent the media from actually reporting accurate information.”

“They took the narrative that was provided to them by the law enforcement officers and ran with it,” she said. “It is something that I’ve never forgotten; of course it’s forgiven, but the killings aren’t going to stop.”

One of the police professionals who pursued Black, former Greensboro officer Thomas Webster IV, had multiple use of force reports on his record during his time as an officer on a Delaware police force.

Kenneth Ravenell, an attorney for the Black family, said that, while working in Delaware, Webster “assaulted over 29” Black people, and that the Caroline County police chief “falsified records” to allow him to work in Maryland.

Webster has since been decertified as a police officer by the Maryland Police Training and Standards Commission, though he was cleared of criminal charges in Black’s death.

In December 2020, the Black family and the Coalition for Justice for Anton Black, backed by the ACLU of Maryland, filed a wrongful death lawsuit in federal court against the state, the town of Greensboro, Fowler and Webster, among other municipalities, medical experts and members of law enforcement.

The lawsuit asserts that excessive force, racial bias and “positional asphyxiation” — rather than Fowler’s ruling of a cardiac condition — caused Black’s death.

Ravenell, who represents the Black family in the suit, said that law enforcement is trying to get the case dismissed on the basis of qualified immunity.

Qualified immunity is a Maryland law that exempts state and municipal employees from civil liability for actions that infringe upon the rights of others if they fall within the scope of their job description, were objectively reasonable or were enacted without malice or gross negligence.

“We know that until we get rid of things like qualified immunity — when these police officers have this protection under the law that the Constitution never guaranteed them — that we are not going to get justice and the murders will not stop,” said Ravenell.

In addition to Anton’s Law, a bill sponsored by Senate Judicial Proceedings Committee Chairman William C. Smith Jr. (D-Montgomery) that limits law enforcement’s ability to procure military equipment and would set forth a process to independently investigate use of force incidents that result in death will also go into effect Friday.

By Hannah Gaskill

Filed Under: Maryland News Tagged With: anton black, inspect, Maryland, misconduct, police, public information, records

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