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Talbot Council Holds Hearing Tonight on Rescission of Resolution 281; Planning Commission Majority Reaffirmed Support for Sewer Plan Changes

October 12, 2021 by John Griep

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The county council will hold a public hearing tonight on a resolution that would rescind sewer plan changes for the Lakeside/Trappe East project.

Council Vice President Pete Lesher introduced Resolution 308, which would rescind Resolution 281.

Resolution 281 was approved 4-1 by the Talbot County Council in August 2020; Lesher voted against approval. Resolution 281 included several amendments to the county’s comprehensive water and sewer plan, most notably in connection with the proposed 2,500-unit residential and mixed commercial development proposed for the northeast side of Trappe.

Those changes included a new wastewater treatment plant for the Trappe East project. The plant would treat wastewater at an enhanced nutrient removal (ENR) standard and discharge up to 540,000 gallons of wastewater per day as spray irrigation on adjacent fields.

Opponents are concerned about the environmental impact on nearby Miles Creek, which feeds into the Choptank River, and note the abysmal water quality of La Trappe Creek, another Choptank River tributary into which the existing Trappe sewer plant discharges its treated wastewater.

Environmental concerns were heightened earlier this year after problems at the town’s existing plant. Those concerns led the county planning commission this summer to seek additional information from the Maryland Department of the Environment, the town of Trappe, and the developer.

The Talbot County Planning Commission heard public comment Wednesday morning on those concerns and voted 3-2 Thursday night against a motion recommending that the county council rescind Resolution 281.

All five members had concerns about the town’s existing plant and the current condition of La Trappe Creek, but three agreed that the panel had been correct in voting last year to certify that Resolution 281 was consistent with the county’s comprehensive plan.

Those three members — Chairman Phil “Chip” Councell, Paul Spies, and Michael Strannahan — had voted to certify that Resolution 281 was consistent with the comprehensive plan. Commissioners William Boicourt and Lisa Ghezzi voted last year against certification and voted Thursday night to recommend rescission of Resolution 281.

Councell said he was trying to reach a middle ground that would result in the most timely upgrade to the existing Trappe plant and an improvement in its discharge.

Councell noted the commission had not been formally asked to review its decision on Resolution 281, but “felt we had to do something” when new information came to light.

“And that something in my opinion, was what can we do to protect La Trappe Creek?” Councell said. “(I)f we vote to rescind, it probably goes to court… (I)f this gets tied up in litigation, it goes on and on and on. The existing Trappe wastewater treatment plan continues to pump the water.

“So I’m struggling here right now, trying to figure out what is the fastest way to get that plant upgraded,” he said. “And no matter what happens today, tonight, no matter what happens next Tuesday, every citizen in this county needs to be committed to getting that plant where it needs to be, whatever it takes.

“And I think … it makes no sense to compound the problems that we know is a problem,” Councell said. “So we’re going to add one-third of the capacity to the existing plant…. But if we hold the process up for one year or two years, more than that, it’s going to go into La Trappe Creek anyway.

“I think I’m willing at this point to do everything in our power … short of rescission, because I honestly think that would be the worst thing for the Trappe wastewater treatment plant,” he said.

Attorneys for the Town of Trappe and the project’s developer noted they are looking at the possibility of using the Trappe East plant to treat the town’s existing wastewater to ENR standards and then sending the treated discharge back to the town’s discharge point. That option may be the fastest and cheapest way to upgrade the town’s wastewater treatment to ENR standards, which would significantly improve the town’s discharge into La Trappe Creek.

Ryan Showalter, an attorney for the developer, said Wednesday, “that’s an option that’s being studied, and one reason why it’s being studied as it may be the fastest way to replace or upgrade the town’s treatment process.

“The Lakeside plant is modular, so adding two additional modules could create 200,000 gallons of capacity in the existing Lakeside plant,” he said. “Nobody’s proposing changes in the discharge at this point.

“So the concept would be whatever comes from the the existing town’s collection system would be treated at Lakeside and would be discharged at ENR levels to La Trappe Creek,” Showalter said. “If one day there’s 150,000 gallons coming from the town collection system, that 150,000 gallons would be discharged under the town’s existing point discharge at ENR levels.”

Showalter also noted that nearly all of the Lakeside property has been designated as a future growth area for Trappe since 1973.  The entire property has been in the town’s planned growth area since at least 2002 and in the county’s growth area plan for Trappe since at least 2005.

Bruce Armistead, an attorney for a neighboring property owner, said his clients — Dr. and Mrs. Steve Harris — were primarily concerned about the location of the spray irrigation fields.

“The Harrises are an adjacent landowner to the proposed Lakeside project and potentially the most affected by the entire project,” he said Wednesday. “That doesn’t mean that they’re unconcerned about the information you’re receiving about the existing Trappe plant, but their principal concern is the location of the spray fields that are proposed for the Lakeside project.”

Armistead said it appeared the planning commission may have received incomplete or inadequate information during its 2020 review of Resolution 281.

“And it really doesn’t matter whether that was inadvertent, intentional, sloppy, or whatever,” he said. “The fact is, if you agree that there was incomplete or incorrect information that was used to make your decision previously on 281, then you have an obligation to the county to support taking another look.

“Real people and property rights are going to be seriously affected by this proposal,” Armistead said. “We’ve only got one chance to get this right. And frankly, Dr. Harris does not want to be the canary in the mineshaft.”

The Talbot County Council meeting begins at 6 p.m., with public hearings scheduled to begin at 6:30 p.m. The council meets in the Bradley Meeting Room in the south wing of the courthouse, but seating is limited and is available on a first-come basis.

The meeting may be viewed online by going to the county’s website at https://talbotcountymd.gov, then scrolling down and clicking on the photo of the county council under the heading “Meeting Videos.” On the meeting videos page, click on video or live/in progress next to the listing for the council’s Oct. 12 meeting.

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: 2 News Homepage Tagged With: discharge, lakeside, planning commission, rescission, resolution 281, Talbot County, Trappe, trappe east, wastewater treatment plant

Talbot Planning Commission Will Discuss Resolution 281 on Trappe Development Thursday

October 6, 2021 by John Griep

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The county planning commission heard public comments Wednesday morning on Resolution 281 and will discuss Thursday night what actions, if any, it will take on the matter.

Resolution 281 amended Talbot County’s water and sewer plan to:

• reclassify and remap certain areas of the Lakeside/Trappe East property from W-2 to W-1 and from S-2 to S-1. (W-1 is immediate priority status for water; S-1 is immediate priority status for sewer.)

• add the Trappe East water and sewer systems to the list of capital improvement projects.

The commission’s agenda for Wednesday described the issue as “Discussion of Planning Commission’s previous certification of consistency with the Talbot County Comprehensive Plan with respect to Resolution 281 and possible recommendations and/or other actions, including undo, consider, reconsider, rescind or amend the previous certification.”

After hearing Wednesday morning from environmental groups and attorneys for a neighboring property owner, the developer, and the Town of Trappe, among others, Talbot County Planning Commission Chairman Phil “Chip” Councell asked for another meeting to be scheduled for the planning commission to consider the comments and discuss its course of action.

Councell asked for that meeting to be held before Tuesday, when the county council will hold a public hearing on Resolution 308, which would rescind adoption of Resolution 281. Resolution 308 was introduced by Council Vice President Pete Lesher, the sole council member to vote last year against Resolution 281.

Resolution 281 had been introduced Dec. 17, 2019, by Talbot County Councilmen Chuck Callahan, Frank Divilio, and Corey Pack, with public hearings held Feb. 11, 2020, and July 21, 2020.

The Talbot County Planning Commission considered the resolution in January, May, and June 2020, and voted 3-2 that an amended resolution was consistent with the comprehensive plan.

The county council voted 4-1 on Aug. 11, 2020, to approve the resolution as amended, sending the matter to the Maryland Department of the Environment for its approval, which the state agency subsequently granted. Councilwoman Laura Price joined Callahan, Divilio, and Pack in voting in favor of Resolution 281.

Earlier this year, petitioners asked the county council to rescind Resolution 281, claiming the county council and the planning commission were not provided with full information last year and noting that the discharge permit for the wastewater treatment plant that will serve Lakeside has been sent back to the state environment department for additional public comment and a public hearing.

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: Eco Homepage, Eco Portal Lead Tagged With: development, environment, lakeside, mde, plan, sewer, Trappe, trappe east, wastewater treatment plant, water

Major Pollution Violations Found at Maryland’s Two Largest Sewage Treatment Plants

September 2, 2021 by Bay Journal

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Baltimore has long been plagued by sewage leaks and overflows fouling its waters. Now, the city has a new pollution woe: poorly maintained municipal sewage treatment plants that for more than a year have been daily dumping millions of gallons of bacteria– and nutrient-laden wastewater into rivers that flow into the Chesapeake Bay.

Following a watchdog group’s discovery of high bacteria levels in wastewater coming from one of the city’s two sewage treatment plants, an inspector for the Maryland Department of the Environment has found “numerous deficiencies and violations” at both facilities.

In visits to the city’s Patapsco Wastewater Treatment Plant in May and to the Back River plant in June, the MDE inspector found operational and maintenance problems, with key treatment equipment malfunctioning or out of order, staffing shortages and botched sampling for toxic contaminants in the wastewater.

The laundry list of problems uncovered at Maryland’s two largest wastewater plants threatens Bay restoration efforts, environmentalists warn. It also raises questions, they say, about the diligence of state regulators in ensuring compliance with pollution limits.

City public works officials are scheduled to meet Friday with state regulators following an Aug. 23 letter from the MDE demanding immediate corrective actions and warning the city that it faces fines of up to $10,000 per day and possible legal action by the state attorney general.

“We’re going to hold [the Department of Public Works] accountable,” MDE Secretary Ben Grumbles said in an interview. “They have a lot of explaining to do.”

In response to press queries, a spokesman released a short statement from Public Works Director Jason Mitchell. He said that his staff “has developed a strategy to get back into compliance and will be providing a timeline for compliance to MDE.”

Alice Volpitta, the Harbor Waterkeeper, said she and her colleagues at the nonprofit watershed group Blue Water Baltimore were “pretty shocked” by the scope and severity of problems uncovered at the city’s wastewater plants after the group reported detecting high fecal bacteria levels in the Patapsco plant’s discharge in April and early May.

In prior years, Volpitta said, Blue Water Baltimore’s monitoring program had picked up occasional bacteria spikes at the Patapsco plant, usually when it was overwhelmed by inflows from heavy rains. But this past spring, she and her team detected “consistent ongoing high bacteria readings” unrelated to rainfall at the plant’s outfall just upriver of the Key Bridge.

The city has spent $1.6 billion since 2002 to comply with a state-federal consent decree requiring an overhaul of its sewer network to halt frequent overflows and leaks of untreated sewage. At the end of 2020, city officials announced the near completion of a $430 million “headworks” project at the Back River plant, which officials predict will eliminate 83% of the overflows. The city is also spending millions annually to curb polluted stormwater runoff from streets, parking lots and buildings.

But because those two plants treat a high volume of wastewater, their discharges of inadequately treated sewage threaten to offset those efforts, environmentalists contend. Back River discharges about 72 million gallons of wastewater daily, while Patapsco releases about 55 million gallons.

According to Blue Water Baltimore, the combined daily discharge of the two plants would fill a 2.5-foot deep wading pool the size of the city’s 155-acre Patterson Park. By sheer volume alone, not the amounts of pollutants, the plants’ daily combined discharge is on par with the cumulative amount of rain-diluted sewage that overflows each year across the city.

“If we can’t trust our wastewater treatment plants to actually treat the sewage,” Volpitta said, “it doesn’t really matter much what other … best practices we’re putting on land.”

Documented violations

The MDE inspection reports detail numerous violations at each plant, many of them similar.

At the Patapsco plant, the MDE inspector found it had repeatedly violated limits since July 2020 on levels of harmful bacteria, phosphorus, nitrogen and total suspended solids. Overall, the plant exceeded its total authorized nitrogen discharge for 2020 by nearly 140,000 pounds and surpassed its total phosphorus load by 47,800 pounds. Fewer than half the units used to screen incoming sewage were operational, and those were so clogged with trash and debris they couldn’t work properly, the inspector found.

Plant managers blamed the exceedances on equipment failures and on a worker shortage because of the coronavirus pandemic, the MDE report said.

But the MDE inspection found that the Patapsco plant also has failed to comply with a 2016 consent order requiring it to reduce discharges of fats, oils and grease into the river. The city had yet to upgrade or replace equipment needed to remove the pollutants, despite a 2018 deadline, and only 5 of 18 settling tanks to be used for the removal were working at the time of the visit. Some were so full of scum the inspector warned they would also fail soon without prompt maintenance.

At the Back River plant, the MDE inspector said the discharge exceeded permit limits on pollution every month but one from August 2020 through May 2021, with excessive levels of nitrogen, phosphorus, total suspended solids and ammonia, and a couple of instances of elevated bacteria. Plant managers said there had been a malfunction of a key piece of equipment, a centrifuge used to separate solids from liquids. But the inspector noted that the exceedances began months before that breakdown and that managers had failed to report excessive discharges promptly to the MDE, as required.

During his June walk-through, the MDE inspector also found “malfunctioning equipment because of maintenance problems” and that only two of 76 plant operators had permanent licenses, an indication of their level of training and expertise to run and maintain the facility properly. Plant managers told the inspector that some staff had failed to pass the licensing test and others had declined to take it because there was no incentive to do so.

The inspection further found defective sampling at Back River for toxic contaminants, particularly for polychlorinated biphenyls or PCBs, which rendered the results useless in gauging how much is being removed or discharged into the river. Fish consumption advisories throughout the Baltimore area advise recreational anglers to limit their meals of locally caught fish because of the buildup of PCBs in them.

Oversight questioned

MDE Secretary Grumbles said it is a “high priority” for state regulators to quickly rectify the situation.

“We know how important of a partner the city is in reducing pollution and helping the state meet its [Baywide nutrient reduction] requirements,” Grumbles said. “When there are problems at a treatment plant [involving] operation and management of the facility, that’s a heightened concern for us.”

Volpitta praised the MDE for taking action but said she was perturbed that the agency didn’t catch the problems sooner. She noted that in the year before Blue Water Baltimore’s sampling, the city had been filing required monthly discharge monitoring reports with the MDE and EPA, which made it clear that some pollutants were exceeding permitted levels.

“That’s the big question,” she said. “Why did it take so long for anything to come of that self-reporting?”

Grumbles said that MDE staff started looking at the plants’ monthly reports and getting information from the city in March. At that time, he said, they saw a “trend that was totally unacceptable” and began preparing for inspections.

The first inspection took place the day after Blue Water Baltimore gave the MDE its water quality findings. At the time, Volpitta said, MDE officials didn’t give any indication they were already aware of problems at the Patapsco plant.

“I think there’s a lot of questions to be answered here,” she said. “We’re very concerned about the lack of oversight that appears to have occurred.”

For the safety of its staff during the coronavirus pandemic in early 2020, the MDE cut back on physical inspections of facilities discharging into state waters. But even before that, it had begun conducting a growing number of compliance checkups without leaving the office, by reviewing plants’ self-reported data.

Before this year, the MDE had physically inspected the Patapsco plant twice in 2016 and once each in 2017, 2018 and in June 2020, according to a spokeswoman. The Back River plant was inspected once in 2016, five times in 2017, twice in 2018 and once in 2019, she said. Three of the 2017 inspections were in response to complaints, the spokeswoman noted, without providing additional information.

Mitchell, the city’s public works director, said in his statement without elaborating that “the root causes for the violations have been identified by DPW and will be addressed systematically to ensure we achieve 100% compliance.”

Grumbles said, “it’s a priority for us to get this resolved as quickly as possible.”

But Volpitta said that, given the findings of the MDE inspections, she doubts there’s a quick fix to all the problems.

Josh Kurtz, Maryland director of the Chesapeake Bay Foundation, called for swift enforcement action against the city, but also questioned the state’s oversight of such facilities.

“Marylanders depend on government agencies to be transparent and accountable when problems arise,” Kurtz said in a statement Tuesday. “In this case, it appears Baltimore’s Department of Public Works failed for years to address known problems at the city’s two wastewater plants, which led to months of partially treated wastewater flowing into the Baltimore Harbor and Chesapeake Bay during the previous year.”

And even if the MDE was investigating the plants before Blue Water Baltimore reported its findings, Kurtz found fault with the low-key way it was handled until this week.

“Neither DPW nor Maryland Department of the Environment, the agency tasked with enforcing state pollution regulations, publicly addressed these ongoing issues at the plants until the nonprofit Blue Water Baltimore issued their findings in a news release [on Monday],” he said.

The MDE has relied heavily on upgrading wastewater treatment plants to meet its nutrient reduction obligations under the Bay’s “pollution diet,” formally known as the total maximum daily load, which the EPA imposed in 2010.

“With such a heavy reliance on these upgrades,” Kurtz said, “the state must prioritize oversight of these facilities to ensure proper operation and impose penalties for violations.” Failures at large plants like Patapsco and Back River can undermine the overall Bay restoration effort, he added.

Kurtz also said the city and state owe more diligence to the health of Baltimore area residents. “Both plants serve and discharge into rivers and streams where underserved and frontline community members live,” he said. “These communities have suffered from a legacy of disproportionate impacts of dangerously high levels of pollution, especially harmful bacteria.”

By Timothy B. Wheeler

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: Eco Homepage Tagged With: Chesapeake Bay, environment, mde, pollution, wastewater treatment plant

Talbot Will Hold Oct. 12 Hearing on Rescinding Resolution 281

August 25, 2021 by John Griep

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Over the pleas of his colleagues, Talbot County Council Vice President Pete Lesher introduced a resolution Tuesday night to rescind Resolution 281, in which the county supported the request of Trappe and a developer to amend the county’s comprehensive water and sewer plan for the Trappe East project.

The other four members of the Talbot County Council cited legal advice that the resolution, if approved, would accomplish nothing.

“My goal in this process is to give the issue a fresh public hearing for the benefit of both proponents and the skeptics,” Lesher said. “Resolution 281 came to the council at a time of a series of higher profile issues. And we’ve heard from a growing number of constituents who are concerned that their issues with this were not heard.

“And among those concerns is a provision of Resolution 281 that will allow the first 120 homes to be connected to Trappe’s existing secondary wastewater treatment plant, an outdated plant that discharges nutrients into an impaired waterway,” he said. “Trappe does eventually plan to upgrade this plant to modern ENR discharge standards, but that upgrade is still years away.”

County Attorney Patrick Thomas said the council’s approval of Resolution 281 essentially was the preliminary approval to change the water and sewer plan.

“(U)nder state law, once the council approves these comprehensive water and sewer plan amendments, they then have to go to MDE for final approval,” Thomas said. “MDE can then can deny it, they can approve it, they can amend it in part, they have … the final authority on that.”

After the council approved Resolution 281, the proposed amendment was sent to MDE, which approved it in November 2020.

“And then those amendments became part of the comprehensive water and sewer plan,” Thomas said. “So at this point, there’s nothing … for the council to rescind. (Y)ou gave your preliminary approval, it went on to MDE, they issued the final approval.”

The only way to undo Resolution 281 would be for the council to approve another amendment to the comprehensive water and sewer plan to revert it to its pre-281 status and for MDE to then approve that amendment, he said.

Councilman Frank Divilio said he had concerns about the Trappe East project, but rescinding Resolution 281 would be “a waste of time.”

Councilman Corey Pack agreed.

“I think that the county attorney has already laid out, succinctly, that 281 has already been incorporated to the comprehensive water and sewer plan and I don’t know how many times he can say that,” Pack said. “There is nothing here to rescind. This is a bridge to nowhere…. (I)t doesn’t accomplish anything.

“There is a way by which if you wanted to remove the changes of 281 from the comprehensive water and sewer plan, you would need to amend the comprehensive water and sewer plan,” he said. “This just doesn’t do it. Mr. Lesher, I’m sorry, it’s really putting the council in a bad position to put something on the agenda for a public hearing, which you very well know is not going to accomplish anything.”

Pack also noted that Resolution 281 contained some beneficial compromises between the county, town, and developer.

“There are those things built into 281 that were good. Going from a 2-foot freeboard to a three foot freeboard was a good thing. Going from 60 days of holding time to 75 days of holding time was a good thing,” he said. “So not everything in 281 to my point of view was bad.

Council President Chuck Callahan and Councilwoman Laura Price agreed that rescinding Resolution 281 would have no effect.

“I think there are some valid concerns and questions that need to be answered,” Price said. “But like my other colleagues, this is not the vehicle to do that.”

Price said the council would be able to make a more informed decision “on whether or not we … need to amend the comprehensive water and sewer plan” to address Resolution 281 after the Maryland Department of the Environment’s public hearing on the discharge permit for the Trappe East wastewater treatment plant.

That hearing had been set as a virtual hearing in early September but has been changed to an in-person hearing in late October at the Talbot County Community Center.

Asked what would happen if the council approved Lesher’s resolution, Thomas, the county attorney, said, “I don’t think it would have any effect. It’s not amending the comprehensive (water and sewer) plan.”

After additional discussion, a majority of the county council voted to schedule a public hearing for the rescission resolution at 6:30 p.m. Oct. 12.

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: Maryland News Tagged With: county council, development, environment, resolution 281, sewer, Talbot, Trappe, trappe east, wastewater treatment plant, water

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