Major Funding Award Highlights Collaborative Efforts to Protect Eastern Shore Waterways

Contractors install a water control structure to manage the water table in a Caroline County farm field as part of a recently completed conservation drainage project. ShoreRivers is grateful to have been awarded funding through the State of Maryland’s Clean Water Commerce Account Program to implement six high-impact restoration projects across the Eastern Shore.

ShoreRivers is proud to announce that it has received the largest award in the organization’s history —more than $9 million in grant funding for six high-impact restoration projects across the Eastern Shore — through the State of Maryland’s Clean Water Commerce Account Program, administered by the Maryland Department of the Environment.

Each of the projects selected was designed to add more best management practices to our landscape and to generate large reductions in the amount of nitrogen pollution entering our waterways every year. One of these clean water projects will restore 4,143 feet of stream and 9 acres of associated floodplain wetlands in Queen Anne’s County on an active farm that drains directly into the tidal waters of the Wye River/Eastern Bay. The other five projects focused on drainage water management — the process of managing and treating water discharges from subsurface agricultural drainage systems to achieve water quality and agronomic goals — across the Eastern Shore.

“ShoreRivers works hard to bring in grant funding that is then directly applied to the benefit of our communities,” said Tim Rosen, ShoreRivers’ Director of Agriculture & Restoration. “With projects like these we can help our local farmers achieve production and conservation goals while also accelerating our efforts to clean up our waterways.”

ShoreRivers’ Director of Agriculture & Restoration, Tim Rosen, makes adjustments to a water control structure installed as part of a conservation drainage project on a Talbot County farm field. ShoreRivers is grateful to have been awarded funding through the State of Maryland’s Clean Water Commerce Account Program to implement six high-impact restoration projects across the Eastern Shore.

The process of securing this funding actually began two years ago, when ShoreRivers first applied for project funding made available by the passage of the Clean Water Commerce Act of 2021. This act was passed with the intention of accelerating the Chesapeake Bay cleanup effort by purchasing nitrogen outcomes — at the lowest possible price point — with a focus on projects from the agricultural sector and in communities disproportionately burdened by environmental harm and risks. Two of ShoreRivers’ projects were the only ones that scored a perfect 100 when the applications were reviewed. However, a discrepancy in the act’s implementation at the agency level led to the need for additional legislation during the most recent session of the Maryland General Assembly. As one of the organization’s leadership bills earlier this year, ShoreRivers’ Riverkeepers worked collaboratively with members of its Agriculture & Restoration department, plus other environmental advocates and partners, to ensure the act — a critical funding mechanism to help the state achieve its clean water goals — is executed in ways that support its original intent. 

“It was a true cross-departmental, cross-sector, and cross-industry effort to pass new legislation earlier this year,” said Matt Pluta, ShoreRivers’ Choptank Riverkeeper and the Director of its Riverkeeper Programs. “We’re proud of that success and the impacts that these projects can now have, and we’re grateful to have had bipartisan support from our local delegation to make it happen. When we all work together, it’s our land and waterways that win.”

ShoreRivers has an excellent track record of completing restoration projects, from wetlands and streams on agricultural land to smaller-scale projects for homeowners and neighborhoods. Clear, strong partnerships and dedicated staff help ensure that projects are completed with integrity and that the impact of these projects is communicated and amplified through programming. To learn more about our work to support thriving rivers cherished by all Eastern Shore communities, please visit shorerivers.org.

ShoreRivers Reflects on 2024 Legislative Session

ShoreRivers’ advocacy work is led by its four Riverkeepers: Annie Richards, Chester Riverkeeper; Matt Pluta, Choptank Riverkeeper; Ben Ford, Miles-Wye Riverkeeper; and Zack Kelleher, Sassafras Riverkeeper. This was a banner year for the organization’s advocacy effort, with four of its five priority bills passing from the assembly to Governor Wes Moore’s desk.

April 8—also known as Sine Die day—marked the official end of session for Maryland’s General Assembly. Despite challenges due to the state’s constrained budget, this was a banner year for ShoreRivers legislative priorities. The organization’s advocacy work, which is led by your Riverkeepers, is fundamental to creating system-wide change to protect our local rivers against the major issues that impact water quality on the Eastern Shore. As a leading voice for the waterways of the Eastern Shore, we amplify our work through local and state-wide coalitions, working groups, and other positions of influence.

Over the past 90 days, your Riverkeepers engaged with 60 environmental bills covering a wide array of topics including permitting for industrial sludge, abandoned vessels, enforcement activities in the critical area, invasive species control, underwater grass protections, and more.

Together, ShoreRivers, environment advocates, and legislative committee members reviewed and discussed the findings of the Chesapeake Bay Program’s CESR Report (A Comprehensive Evaluation of System Response), which influenced many of the environmental bills passed this session and will continue to shape the way we prioritize restoration and Bay health goals for years to come. 

After months of hard work and productive conversations, the following slate of bills has now passed from the assembly to Governor Wes Moore’s desk to await ratification (or veto):

ShoreRivers Priority/Leadership Bills:

• SB653/HB1101 – Clean Water Justice Act, which gives communities impacted by water pollution the ability to enforce state water quality protection laws against polluters.

• SB1140/HB807 –  Submerged Aquatic Vegetation (SAV) Surveys, which updates regulations that govern how the Maryland Department of Natural Resources currently maps and delineates SAV Protection Zones.

• SB1144/HB1266 – Clean Water Commerce Account Contracts for the Purchase of Environmental Outcomes, which clarifies language regarding payment schedules for an important funding source for pollution-reducing projects.

• SB1074/HB991 – Agriculture Food Processing Residuals Utilization Permit, which strengthens regulations for transporting, storing, and the land application of industrial sludge residuals.

Other Passing Legislation Supported by ShoreRivers:

• SB0268 – Critical Area Program Enforcement

• SB0281/HB0109 – Alteration or Removal Requirements for Submerged Aquatic Vegetation

• SB0178/HB0022 – Requirements for State Highway Administration on Pollinator Habitat Plan

• SB0306/HB0233 – Climate, Equity, and Administrative Provisions to the Critical Area Protection Program

• SB0969/HB1165 – Whole Watershed Act

Half of ShoreRivers priority bills had bipartisan sponsorship, showcasing that protecting our rivers is a goal everyone can get behind. Many bills supported by ShoreRivers this session were brought forward by various state departments such as the Critical Area Commission, the Department of Agriculture, and the Department of Natural Resources, showcasing the Moore- Miller administration’s commitment to improving Maryland’s environmental protections. ShoreRivers is grateful for all of our environmental partners this session—including Waterkeepers Chesapeake, the Chesapeake Bay Foundation, Citizens Campaign for the Environment, Arundel Rivers Federation, Maryland League of Conservation Voters, Potomac Riverkeeper Network, and Clean Water Action—as our collective voices can make Maryland’s waterways cleaner and more accessible for all.

ShoreRivers implements restoration projects throughout our communities, engages volunteers in tree plantings and oyster growing, and reaches thousands of students each year through environmental education programs in local schools. Our advocacy at the local, state, and federal level ensures that all of those endeavors can continue in order to support water quality improvements. Visit shorerivers.org to learn more about this important work.

ShoreRivers Shares 2024 Legislative Priorities

ShoreRivers’ advocacy work is led by its four Riverkeepers: Zack Kelleher, Sassafras Riverkeeper; Matt Pluta, Choptank Riverkeeper; Annie Richards, Chester Riverkeeper; and Ben Ford, Miles-Wye Riverkeeper (not pictured). Throughout this year’s legislative session, the organization will work to protect our local rivers against the major issues that impact water quality on the Eastern Shore.

Now that the Maryland General Assembly has reconvened for the 446th Legislative Session, ShoreRivers’ advocacy efforts are in full swing. The organization’s advocacy work, which is led by the Riverkeepers, is fundamental to creating system-wide change to protect local rivers against the major issues that impact water quality on the Eastern Shore.

This session, ShoreRivers is focused on supporting legislation that increases protection for our near shore habitat like the Critical Area, submerged aquatic vegetation, and eroded stream beds; and that accelerates nonpoint source pollution reduction efforts, including sustainable farming practices and septic system reform. As always, your Riverkeepers will be advocating for increased accountability for those who pollute our waterways.

Key efforts for this year include the following, though additional bills and legislation are likely to be added to this list as they are introduced and prove to be in line with ShoreRivers’ mission of protecting and restoring Eastern Shore waterways through science-based advocacy, restoration, and education.

1. The Clean Water Justice Act, which will give communities impacted by water pollution the ability to enforce state water quality protection laws against polluters.

2. Updates regulations that govern how the Maryland Department of Natural Resources currently maps and delineates Submerged Aquatic Vegetation Protection Zones.

3. A bill that will strengthen regulations in Maryland for transporting, storing, and the land application of industrial sludge or DAF (dissolved air floatation) residuals.

4. The Onsite Wastewater Improvement Program, which will more equitably and efficiently address pollution from septic systems by increasing funding for, and amending the scope of, the Bay Restoration Fund.

5. The State Budget Bill, which supports our state agencies as they advocate for funding to improve their environmental protection efforts, and non-profit partners like State Aided Institutions (SAI) who work to pass through funds that bolster smaller educational programs that provide Bay education and inspire the next generation of environmental stewards.

At the core of our priorities lie the findings of the Chesapeake Bay Program’s CESR Report (A Comprehensive Evaluation of System Response), which will shape the way we prioritize restoration and Bay health goals for years to come. 

Just as ShoreRivers implements restoration projects throughout our communities, engages volunteers in tree plantings and oyster growing, and reaches thousands of students each year through environmental education programs in local schools, the organization’s advocacy at the local, state, and federal level ensures that all of those endeavors can continue in order to support water quality improvements. Maryland’s laws and regulations should protect and support these local investments, and ShoreRivers looks forward to a productive legislative session with members of the General Assembly and fellow environmental advocates. Visit shorerivers.org to learn more about this important work.

ShoreRivers Reflects on 2023 Legislative Session

 ShoreRivers’ Sassafras Riverkeeper Zack Kelleher, Choptank Riverkeeper Matt Pluta, and Chester Riverkeeper Annie Richards are pictured in Annapolis during a day of advocating for legislation that supports clean rivers and healthy waterways.

April 11—also known as Sine Die day—marked the official end of session for Maryland’s General Assembly. After three years of virtual participation due to COVID precautions, ShoreRivers was able to return to the capital in-person again this year. The organization’s advocacy work, which is led by your Riverkeepers, is fundamental to creating system-wide change to protect our local rivers against the major issues that impact water quality on the Eastern Shore. As a leading voice for the waterways of the Eastern Shore, we amplify our work through local and state-wide coalitions, working groups, and other positions of influence.

Over the past 90 days, your Riverkeepers engaged with 50 environmental bills covering a wide array of topics including forestry education, PFAS monitoring, floodplain ordinance updates, invasive species control, underwater grass surveys, and more. After months of hard work and productive conversations, the following slate of bills has now passed from the assembly to Governor Wes Moore’s desk to await ratification (or veto):

ShoreRivers Priority Bills:

• HB11/SB483 Private Well Safety Act of 2023

• HB723/SB526 Forest Preservation and Retention

• SB470  Land Conservation - Establishment of Goals and Programs (Maryland the Beautiful Act)

• SB471  Water Pollution Control - Discharge Permits - Stormwater Associated with Construction Activity

Other Legislation Supported by ShoreRivers:

• HB874/SB611  Office of the Attorney General Environment and Natural Resources Monitoring Unit - Establishment

• HB289/SB282  Maryland Forestry Education Fund - Establishment

• SB80 Blue and Flathead Catfish Finfish Trotline License - Establishment

• HB62/SB62 Public Service Companies - Pollinator-Friendly Vegetation Management

• HB63 Certified Local Farm and Chesapeake Invasive Species Provider Program -Establishment

• SB434 Restorative Aquaculture Pilot Program

• HB253/SB262  On-Farm Composting Facilities - Permit Exemption

• HB0152 Urban Agriculture Grant Programs - Alterations

• SB830 Environmental Health Systems Support Act of 2023

• HB950/SB836 Maryland Native Plants Program

• HB503 Greenspace Equity

• HB30/SB7 On-Site Wastewater Services - Board, Fees, and Penalties

This year was a win for native plants and invasive species control in Maryland. ShoreRivers applauds the state’s focus on the natural environment as a means to benefit pollinator species and migratory birds, while protecting water quality and wildlife native to the Chesapeake Bay. Thanks to HB62, native plants and pollinator habitats will be prioritized and protected in public spaces and along state highways—capturing runoff from impervious surface before it enters local waterways. Bills like HB63 will incentivize the commercial market for harmful invasive fish such as snakeheads and blue catfish, which will help protect juvenile fish and crab populations in our waters.

Unfortunately, many priority bills for ShoreRivers that would have increased regulations and monitoring practices by the Maryland Department of the Environment did not pass this session. Under a new administration in its first year, your Riverkeepers are hopeful that state agencies will be compelled to take on this important work without a legislative mandate. Through the state budget bill, we see that the department is requesting funds for new staff to bolster its enforcement capacity.

Also of note this year is a bill that would add support, as well as accountability, to Maryland state agencies that have enforcement authority over environmental laws, titled HB874: Office of the Attorney General - Environment and Natural Resources Monitoring Unit. This bill will create an Environmental and Natural Resources Crimes Unit in the Office of the Attorney General to investigate and prosecute cases against those who violate environmental and natural resources laws. Each year, this unit would be required to report to certain entities in the state on all of its activities and any actions taken by the Maryland Departments of the Environment or Natural Resources in response to its findings and recommendations.

“If the state is ever to meet Chesapeake cleanup goals, enforcement for pollution violations must be a priority,” says Matt Pluta, ShoreRivers’ Choptank Riverkeeper and Director of Riverkeeper Programs. “We’re optimistic about the changes to be brought and commitments made by the administration of a new Maryland Department of the Environment. However, in the event that the department fails to do its job, the Attorney General’s Environmental Monitoring Unit should assist in holding polluters accountable.”

ShoreRivers implements restoration projects throughout our communities, engages volunteers in tree plantings and oyster growing, and reaches thousands of students each year through environmental education programs in local schools. The organization’s advocacy at the local, state, and federal level ensures that all of those endeavors can continue in order to support water quality improvements. Visit shorerivers.org to learn more about this important work.

Maryland Environmental Organizations Seek Judicial Review of New Valley Proteins Wastewater Permit

Fred Pomeroy, President of the Board of Directors for Dorchester Citizens for Planned Growth, and Morgan Buchanan from ShoreRivers collect water samples from the Transquaking River.

On Friday, Chesapeake Bay Foundation (CBF), Dorchester Citizens for Planned Growth (DCPG), Friends of the Nanticoke River, ShoreRivers, and Wicomico Environmental Trust filed a legal challenge against Maryland Department of the Environment’s (MDE) newly issued wastewater discharge permit for Valley Proteins’ animal waste rendering plant in Linkwood.

The environmental organizations are challenging the permit due to the potential for the plant’s pollution discharges to contribute to unhealthy water quality in the Transquaking River, Higgins Mill Pond, and Chesapeake Bay. The lawsuit was filed in Dorchester County Circuit Court.

“MDE relied on insufficient data about the Transquaking River and its watershed when issuing this permit,” said CBF’s Eastern Shore Director Alan Girard. “While the agency claims the new permit would reduce pollutants, it doesn’t ensure water quality will be protected. The amount of pollution that MDE permits Valley Proteins to release into Dorchester County waterways will continue the long-term, well-documented harm this facility is causing in the Transquaking River watershed. The agency that issued the permit under the previous Governor’s administration must be held accountable for not meeting its obligation to protect water quality as required by federal law.”

The permit would not require Valley Proteins, now owned by Darling Ingredients, to make any significant changes to their operations for three years. It also allows the company to expand its wastewater discharge from an annual average of 150,000 gallons per day up to 575,000 gallons per day if the plant meets some slightly higher requirements for ammonia, biochemical oxygen demand, and dissolved oxygen. The plant’s previous five-year permit expired in 2006 and was not updated for 16 years, making it one of the longest administratively extended permits in the state’s history.

Under the law, the new permit is supposed to ensure that Higgins Mill Pond and the Transquaking River are safe for swimming, fishing, and wildlife habitat.

The water quality impairments where the plant discharges are well documented. Valley Proteins is the only point source polluter on the Transquaking River and, according to MDE policy documents, accounts for about 40 percent of the river’s nitrogen pollution. In Higgins Mill Pond on the Transquaking, just downstream from Valley Proteins, fish kills have occurred, the water is not always safe for recreation, and aquatic life has decreased. Harmful algal blooms have been recorded in the pond, with a sign posted next to it warning residents not to touch the water.

In September 2022, the company settled a lawsuit with ShoreRivers, DCPG, CBF, and MDE related to past violations of the prior permit. That settlement required the company to pay $540,000 in civil penalties to the state and $135,000 to the non-profit petitioners for funding water quality monitoring and restoration. It also required Valley Proteins to investigate groundwater at the site and make facility and transparency improvements.

“We appreciate the efforts of the Maryland Department of the Environment to address the large volume of public comments that were received concerning the discharge from Valley Proteins. But, despite some improvements in water quality protections and discharge limits in the renewed permit, the agency appears to prioritize the interests of the operator over the health of the Transquaking River and the safety of our Eastern Shore residents,” said Matt Pluta, Director of Riverkeeper Programs at ShoreRivers. “Even with a Total Maximum Daily Load, or ‘pollution diet’ for the river issued in 2000, the Transquaking continues to show signs of degrading water quality with harmful algal blooms, high bacteria levels, and an overabundance of nutrients. Valley Proteins has spent years violating pollution controls, failing to modernize their wastewater treatment plant, and discharging unauthorized waste materials, and now is the time to chart a better path forward.”

MDE used information from the nearby Chicamacomico River to estimate whether the Transquaking River and downstream waters could handle the pollution from Valley Proteins. Unlike the Chicamacomico, the Transquaking has an impoundment that impedes its flow and creates Higgins Mill Pond. The Valley Proteins outfall is above the pond where effluent from the plant can linger an average of nine days. This creates conditions that fuel harmful algal blooms, low oxygen dead zones, and wildlife impacts, especially in hot weather.

“The proposed four-fold increase in wastewater discharge volume will only result in the death of the river unless the current treatment technology is brought to a much higher standard,” said Fred Pomeroy, President of the Board of Directors of Dorchester Citizens for Planned Growth (DCPG), a citizens group which has been trying since 2014 to get MDE to establish strong pollution limits for the rendering plant. “Valley Proteins should not be allowed to facilitate their operation by continuing to dump increasing volumes of polluted wastewater into the Transquaking and the Chesapeake Bay. Nor should they be allowed to continue to pollute both the air and groundwater of the Transquaking watershed, which has happened previously. The technology exists for the company to clean up their operation, and it is incumbent on MDE to require them to do so.”

Judith Stribling, Past President of The Friends of the Nanticoke River, noted the group joined many other citizens in the fall of 2021 in providing written and public testimony regarding the permit for Valley Proteins. “We are dismayed that our and others’ expressions of concern appear to have been dismissed. The effects of overwhelming nutrient pollution of the Transquaking River propagate downstream and have the potential to measurably degrade the water quality of Fishing Bay and of the Lower Nanticoke River,” Stribling said.

"We’re concerned about the effect of a massive increase in the rendering plant’s discharge on groundwater, which could imperil the health of residents throughout the Lower Eastern Shore area, particularly those who rely on well water,” said Madeleine Adams, President of the Wicomico Environmental Trust. “The way we treat our water has far-reaching implications, given the interrelationship of the health of the watershed and quality of life, public health, and the economic health of the region."

The lawsuit seeks to remand the permit back to Maryland Department of the Environment so the agency can address deficiencies, protect water quality and communities from harm, and fully comply with the law.

Until recently, MDE inspections and enforcement activity were declining at an alarming rate. Maryland’s new Governor has pledged $3.7 million to help MDE fill staffing vacancies and deal with an extensive backlog of administratively extended permits like the one renewed for Valley Proteins.

ShoreRivers Shares 2023 Legislative Priorities

ShoreRivers’ Sassafras Riverkeeper Zack Kelleher, Choptank Riverkeeper Matt Pluta, and Chester Riverkeeper Annie Richards are pictured in Annapolis ahead of a day of advocating for legislation that supports clean rivers and healthy waterways.

Now that the Maryland General Assembly has reconvened for the 445th Legislative Session, ShoreRivers’ advocacy efforts are in full swing. The organization’s advocacy work, which is led by the Riverkeepers, is fundamental to creating system-wide change to protect local rivers against the major issues that impact water quality on the Eastern Shore.

ShoreRivers, in partnership with the broader environmental community, has several priorities going into this session:

1. a Well Safety Act that will protect private well owners and establish a state-wide Well Safety Program;

2. septic system reforms to update and maintain systems that are currently aging and failing;

3. legislation that will reform the state’s living shoreline laws;

4. a bill that aims to better control stormwater pollution coming from construction sites;

5. a bill that aims to create climate-ready floodplain ordinances to address land use practices that are insufficient in the face of sea level rise and coastal storm surge;

6. the 30x30 Maryland the Beautiful bill to support land conservation;

7. laws that prohibit the disposal of yard waste and grass clippings in roadways; and

8. a bill that seeks to increase forest protections under the Forest Conservation Act.

ShoreRivers also supports federal legislation to designate the Chesapeake Bay as a National Recreational Area. Additional bills and legislation could be added to this list as they are introduced, in line with ShoreRivers’ mission of protecting and restoring Eastern Shore waterways through science-based advocacy, restoration, and education.

Just as ShoreRivers implements restoration projects throughout our communities, engages volunteers in tree plantings and oyster growing, and reaches thousands of students each year through environmental education programs in local schools, the organization’s advocacy at the local, state, and federal level ensures that all of those endeavors can continue in order to support water quality improvements. Maryland’s laws and regulations should protect and support these local investments, and ShoreRivers looks forward to a productive legislative session with members of the General Assembly and fellow environmental advocates. Visit shorerivers.org to learn more about this important work.

ShoreRivers Urges Queen Anne’s to Protect its Critical Area by Denying Variance Request

On January 24, I had the opportunity to attend the Queen Anne’s County Commissioners meeting and provide comments on a petition to change current zoning ordinances to allow for the construction of a 156,000-square foot, four-story high storage facility within the Critical Area on Kent Island. My testimony was among 64 comments provided by community members and environmental organizations opposing this project, and we anxiously await the County Commissioners’ verdict at their upcoming meeting on February 14. Granting this variance request will compromise the County's vision to "Remain a rural, agricultural, and maritime County that restores, enhances, protects, conserves, and stewards its valuable land, air, and water resources" as stated in its Comprehensive Plan.

 This is, without question, the wrong location for a project of this scale and impact. The parcel in question is on the banks of the Chester River—in the sensitive Critical Area—and currently zoned for limited development. The developer purchased this land with full knowledge of the building limitations on this parcel, and now is requesting a variance in order to get around the current restrictions. Purchasing land with the intention of applying for a variance is an unfortunate trend in our Eastern Shore counties that puts unnecessary and irreparable strain on our natural resources—in this case, forest land, wetlands, and our Chester River.

 Legal representation for the developers asserted at the hearing that this zoning change is allowed under Critical Area law, which is true. The developer has effectively worked within the system to pursue this business venture. However, the County Commissioners are also under no obligation to grant this variance. I wonder what the Critical Area of Kent Island would look like if every acre of growth allocation was approved? How much wetland habitat and woodland buffer would remain to beautify our shores, attract birds and fish, and protect our shorelines from sea level rise and erosion? A storage facility— four stories high on the banks of the river— is not the best use of our land or our Critical Area.

 By the end of 2022 it became clear that nutrient reductions required under the Chesapeake Bay’s Total Maximum Daily Load requirements would not be met by 2025—a huge disappointment for clean water advocates after a 30-year effort. To reverse this trend in Eastern Shore watersheds, it is not enough for counties to rely on the state’s minimum requirements; they must lean on their own comprehensive plans for guidance.

 Last May, Queen Anne’s County adopted PlanQAC2022, an update to its Comprehensive Plan that, in its own words, “strengthens the County’s long-standing guiding principles, growth management, and supports creating sustainable communities consistent with the County’s vision.” Part of that support for sustainable communities included setting goals for infrastructure that will “protect our waterways (and) conserve our natural resources.” Now, less than a year later, the commissioners are facing a test of those very goals.

Statewide, ShoreRivers recommends new development in Critical Areas, such as this, be restricted to construction for government and emergency services only—not for private business like a storage facility. In fact, we recently made this exact recommendation as part of a letter to newly elected Maryland Governor Wes Moore.

 ShoreRivers supports planned, thoughtful growth that fits with our rural landscape, small communities, and abundant water resources in our Eastern Shore counties. In this case we ask that the developer be held accountable to the limits of the current zoning of this land, and urge the commissioners to deny this request at their upcoming vote on February 14. I urge you to make your voice heard too: comments can be submitted ahead of the meeting to qaccommissionersandadministrator@qac.org. We hope you’ll join us in standing up for responsible development and healthy waterways in Queen Anne’s County.  

Annie Richards
Chester Riverkeeper, ShoreRivers

ShoreRivers Recommends Actions to New Governor

On January 19, 2023, ShoreRivers, led by your Riverkeeper team, shared a list of priorities and recommended actions with newly inaugurated Maryland Governor Wes Moore and his transition teams. In the letter, we implored our new governor to make clean water and healthy rivers a priority this term and to take action to ensure them on the Eastern Shore and across the state.

read the FULL letter below

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Dear Governor Moore,

 Congratulations on your election to the office of Governor. I am pleased to submit this letter on behalf of ShoreRivers to provide you and your transition teams with recommendations to consider as you set your policy priorities.

ShoreRivers works for healthy waterways on Maryland’s Eastern Shore through science-based advocacy, restoration, and education. We are a grassroots non-profit serving primarily Cecil, Caroline, Kent, Queen Anne’s, Talbot, and Dorchester counties. We are the leading voice for water quality in this region with a team of 29 professional staff operating with an annual budget of $5 million to improve the health of our rivers and inspire constituents to take action. Our staff put pollution-reducing projects in the ground, advocate for clean water laws in Annapolis, hold our agencies accountable, monitor water quality and track human health risks, inspire the public to take action, and educate and engage our youth. We work with all communities—from local farmers to fellow environmental advocates, to those most often underserved and overlooked—to ensure access to our waterways and inclusion of a wide array of voices as we work to shape the future of our communities.

You yourself now have an incredible opportunity to shape these communities’ futures into ones with healthy waterways, a thriving Chesapeake Bay, and unfettered access to clean water. With the impressive cabinet you’ve assembled and the current makeup of both the state legislature and federal administration, there’s never been a better time to codify into law positive changes for the environment that will protect not only Maryland’s natural resources but the citizens who enjoy and rely on them as well. Environmental advocacy is long work, and while the effects of your actions may not be felt immediately, the steps you take as you begin your term will create positive change for your constituents for generations to come.

The following two pages summarize our recommended actions, with the subsequent pages providing more information on each action. We hope to provide clear guidance on specific, concrete steps your administration can take to further protect and restore our rivers and the Chesapeake Bay. Thank you for your consideration and we look forward to working with you. 

Sincerely,
Isabel Hardesty, Executive Director
January 19, 2023

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ShoreRivers’ Recommended Actions for Healthy Rivers on the Eastern Shore

Recommended Actions—Maryland Department of the Environment (MDE)

1. Per House Bill 649: Discharge Permits—Inspections and Administrative Continuations, significantly increase staffing and resources for the water quality permitting and enforcement divisions at MDE. Re-distribute these resources more equitably across the Eastern Shore through the addition of more field offices for enforcement staff.

2. Through administrative action, update the state’s Guidelines for Land Application/Reuse of Treated Municipal Wastewaters (2010) to reflect the provision in state law that requires 100% of the nitrogen and phosphorus in treated effluent be taken up by vegetation. MD Env Code § 9-1110.

3. Update the Groundwater Discharge Permitting program so that it is regulated under the federal Clean Water Act National Pollutant Discharge Elimination System (NPDES) program.

4. Add a citizen suit provision in state law that applies, at least, to state water quality permits and the provisions of the state Water Pollution Control statute to give Marylanders the same rights in state court that they hold under the citizens' suit provision for federal Clean Water Act NPDES permits.

Recommended Actions—Agriculture 

1. Incorporate protections in the Phosphorus Management Tool regulation that prevent new pollution hotspots of phosphorus-saturated fields from being created on the upper and middle Eastern Shore. 

2. Reduce barriers and create pathways for non-state organizations to use federal funding to assist with accelerating best management practice implementation. 

3. Require, through administrative action, that the nutrient management plan for a farm applying industrial sludge material as a soil amendment be on file under the NPDES permit issued by MDE for the facility that generated the material.  

4. Incentivize curriculum at local community colleges that prepares students for positions at local Soil Conservation Districts and at the Natural Resource Conservation Service.

Recommended Actions—Coastal Development

1. Update the Maryland Stormwater Design Manual (2009) to include the most recent precipitation data available. 

2. Establish state-wide policy mandating that future construction at locations in the Critical Area zoned as Intensely Developed Areas be restricted to government and emergency services.

3. Reduce permitting barriers for installing living shorelines, bolster funding available to build living shorelines, and limit the use of waivers to the living shorelines provision in state law. 

4. Support legislative efforts—driven by data from a recent Hughes Center Report—that increase forest protections and mitigation requirements under the Forest Conservation Act.

Recommended Actions—Septic Systems

1. Support legislative efforts to require routine maintenance and inspections of septic systems, and create a comprehensive and public septic database, managed by MDE, that will provide transparent and credible data about the age and viability of septics in the state.  

2. Aggressively fund Maryland’s Bay Restoration Fund in order to connect more communities on septic to municipal systems and to offer more homeowners subsidized septic upgrades to Best Available Technology systems.

3. Limit new sources of nitrogen by requiring Best Available Technology systems in new construction within 1,000 feet of any waterway (including non-tidal/blue line streams). 

Recommended Action—Bay Bridge Development

1. Prioritize green stormwater management practices in planning for the new Bridge crossing. Properties acquired by the state via eminent domain parallel to bridge and highway infrastructure should be allocated as unprecedented tracks of open space for equitable public access, green stormwater solutions, and habitat protection.

The following pages contain background information on ShoreRivers’ recommendations to the transition team for water quality improvements on the Eastern Shore. 

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Maryland Department of the Environment (MDE)  

1. Recommended Action: Per House Bill 649: Discharge Permits—Inspections and Administrative Continuations, significantly increase staffing and resources for the water quality permitting and enforcement divisions at MDE. Re-distribute these resources more equitably across the Eastern Shore through the addition of more field offices for enforcement staff.

 The current culture and shortage of staff at MDE are resulting in the issuance of permits that do not adequately protect water quality and in lackadaisical enforcement actions, resulting in pollution entering our waterways.

 Increase Staffing: Staffing shortages in the agency, and on the Eastern Shore in particular, prevent timely and adequate responses to reports of stormwater violations at construction sites, tidal and non-tidal wetland violations, and discharge violations. ShoreRivers regularly submits violations reports to MDE enforcement offices on the Eastern Shore only to be told that staffing is down and responses will be issued as priorities allow. Such lack of response to pollution violations disproportionately impacts underserved communities within our watersheds due to their residential proximity to wastewater treatment plant outfalls, factories and processing plants, toxic contaminant discharges, and low-lying areas. We are concerned that this problem will worsen with the closing of the MDE compliance office in Cambridge, making it harder for the agency to adequately respond to violations in the upper and middle Eastern Shore. 

Cultivate a Culture of Enforcement: Enforcement of NPDES and groundwater discharge permits has also weakened over the years, resulting in facilities being allowed to discharging above their permit limits. A prime example of this is the Valley Proteins rendering plant in Dorchester County, which is operating on a discharge permit that expired in 2006. The facility has been in significant non-compliance with their expired permit limits for the past several years, and it took ShoreRivers’ exposure of their illegal discharges to pressure MDE to enforce penalties for the violations. Facilities operating on expired discharge permits should be given a high level of oversight and enforcement to ensure that violations to the outdated permit limits are addressed and don’t cause an even greater pollution problem. 

Develop Adequate Permits in the First Round: Poorly developed draft permits have recently sparked widespread opposition from the communities they impact, including the draft NPDES permits for the Lakeside at Trappe, AquaCon salmon factory, and Valley Proteins. MDE issued a draft permit to Lakeside at Trappe authorizing the discharge of up to 1.5 million gallons per day through spray irrigation only for a judge to remand the permit back to MDE for not including a full package of documents with the permit. After a new comment period with thousands of comments opposing the issuance of the permit, MDE issued a Final Determination granting the discharge of 100,000 gallons per day—a fraction of the proposed draft permit. Similarly, MDE drafted a discharge permit for AquaCon with a discharge of 1.2 million gallons per day into a stream that includes the last known remaining spawning grounds for the endangered Atlantic Sturgeon. Again, after wide-spread opposition to the destruction of the sturgeon habitat, the department reversed their proposal. And finally, MDE has proposed in a draft permit for the Valley Proteins rendering facility a four-fold increase in the volume of pollution the facility can discharge despite its consistent violations of the expired discharge permit under which it currently operates. In all of these cases, considerable time and energy would have been saved if MDE had a culture of enforcement and protection, and had produced quality draft permits.

2. Recommended Action: Through administrative action, update the state’s Guidelines for Land Application/Reuse of Treated Municipal Wastewaters (2010) to reflect the provision in state law that requires 100% of the nitrogen and phosphorus in treated effluent be taken up by vegetation. MD Env Code § 9-1110.

3. Recommended Action: Update the Groundwater Discharge Permitting program so that it is regulated under the federal Clean Water Act National Pollutant Discharge Elimination System (NPDES) program. 

Local counties and MDE are turning to the use of spray irrigation on cropland as a means of wastewater disposal. Spray irrigation is regulated under a state permit known as the Groundwater Discharge Permit, and it is based on the inaccurate belief that wastewater sprayed onto fields is 100% absorbed by crops, with “zero discharge” into groundwater or surface water. In fact, spray irrigation does result in excess nutrients entering our waters. Additionally, Groundwater Discharge Permits often lack the conditions required to comply with the standard of “zero discharge,” such as daily, weekly, and seasonal application rates; adequate wastewaters storage when it cannot be safely applied; and consideration of future weather patterns. This oversight is due, in part, to the fact that the state's Guidelines for Land Application/Reuse of Treated Municipal Wastewaters (2010) does not include the legal requirements established in 2012 (codified at MD Env Code § 9-1110) that 100% of the nitrogen and phosphorus in treated effluent be taken up by vegetation. That law was specifically written to ensure that wastewater facilities would produce no groundwater or surface water pollution, something that the older 2010 guidelines were not written to achieve. Thus, any permit written to the 2010 guidelines, instead of the 2012 law, are both unlawful and incapable of adequately protecting Maryland waters.

4. Recommended Action: Add a citizen suit provision in state law that applies, at least, to state water quality permits and the provisions of the state Water Pollution Control statute to give Marylanders the same rights in state court that they hold under the citizens' suit provision for federal Clean Water Act NPDES permits. 

As described above, MDE issues groundwater discharge permits with no acknowledgement of the pollution load they contribute to state waters, and claims that the Bay Total Maximum Daily Load does not apply to these permits. This is a legal fiction contradicted by the best available science and the Chesapeake Bay Model, which documents that groundwater pollution migrates to the nearest surface water, carrying pollution with it. Moreover, according to a review of MDE inspection data by Chesapeake Legal Alliance in the first half of 2020, 54% of the Eastern Shore facilities—58 out of 108—that hold groundwater discharge permits and were inspected were in noncompliance or required corrective action. But, because Maryland’s Groundwater Discharge Permit is a state permit rather than a federal NPDES permit, it lacks a state “citizen suit” provision that allows the public to bring an enforcement action against the violator, leaving enforcement entirely up to the under-resourced compliance division at MDE. An addition of public enforcement rights and expansion of environmental standing were introduced in 2009 by HB 1053 (Delegate McIntosh) and SB 824 (Senator Frosh) and the passage of a similar bill would address this critical problem.

Agriculture

Agriculture comprises 60% of the land that drains into Eastern Shore rivers, and it is also the largest contributor of excess nutrients and sediments to local waterways. Agriculture is recognized as the sector that needs to achieve the largest amount of nutrient and sediment reductions in order to meet pollution reduction goals. However, implementation of nutrient-reducing practices is slow as the state relies almost entirely on voluntary adoption of practices. The dominant farming practices on the Eastern Shore include large-scale, row crop grain and poultry production, which is fueled by the industrial-scale use of synthetic fertilizers and the need to safely manage large quantities of poultry manure.  

1. Recommended Action: Incorporate protections in the Phosphorus Management Tool regulation that prevent new pollution hotspots of phosphorus-saturated fields from being created on the upper and middle Eastern Shore. 

Management of poultry manure has been a significant challenge for the industry and led to the development of the Phosphorus Management Tool as a means of regulating the use of poultry manure in fields that, through soil testing, show an oversaturation of phosphorus. As a result, counties with high levels of soil phosphorus (Somerset, Wicomico, and Worcester) need to move poultry manure out, and counties with lower levels purchase it for fertilizer (Cecil, Kent, and Queen Anne's). The Maryland Department of Agriculture (MDA) confirms this movement of phosphorus through the state’s manure transport program, sharing data showing that phosphorus levels in the lower shore are decreasing while phosphorus levels in the upper shore are increasing. Protections must be put in place to actually reduce the number of fields with phosphorus-saturated soils, not simply move them around the Eastern Shore.

2. Recommended Action: Reduce barriers and create pathways for non-state organizations to use federal funding to assist with accelerating best management practice implementation. 

In the agricultural sector, pollution-reducing best management practices are implemented on a voluntary basis using incentives through the Maryland Agricultural Cost-Share program, where the cost of implementing practices can be covered 87.5–100% by the state. The state should maintain 100% funding for this program and for the conservation district staff and resources that administer it.

ShoreRivers has developed a proven model bringing state and federal grants to complement these state cost-share resources in order to fully pay farmers to implement practices. A significant limiting factor is obtaining these grant funds quickly enough to meet the demand. The process is cumbersome and time consuming, limiting the total number of landowners we are able to work with. With a significant federal investment through the Farm Bill and a historic amount of surplus in the state budget, streamlining agriculturally earmarked funding to non-government organizations like ShoreRivers could significantly accelerate the outreach and technical assistance needed to put practices in the ground. 

3. Recommended Action: Require, through administrative action, that the nutrient management plan for a farm applying industrial sludge material as a soil amendment be on file under the NPDES permit issued by MDE for the facility that generated the material. 

 Reusing solid waste material generated at an organic processing facility as a nutrient source on farms must be highly monitored. Sludge material is generated by a facility operating under a NPDES permit managed by MDE, but the use of sludge material as a soil conditioner is regulated by a farm’s nutrient management plan, which is managed by MDA with complete lack of transparency as to how safely the material is being used.

MDA identifies the use of sludge material as one of their greatest challenges, citing foul odors, water pollution, and pest infestations that result in outcries by neighboring communities and damage to local waterways. In our experience on the Eastern Shore, the use of organic sludge material as a soil conditioner is rare. Instead, financial incentives make it more lucrative to haul and dispose of the material. NPDES-permitted processing facilities pay hauling companies to dispose of sludge, creating an incentive for those companies to accept as much material as they can and dispose of it cheaply. This often results in hauling companies purchasing land outright or leasing land from farmers in order to dispose of large quantities of sludge material.

The NPDES permitting program sets limits for all pollution waste streams discharged by a facility except for industrial sludge. And while compliance with a NPDES permit is monitored through monthly reporting, the disposal of sludge material lacks this same level of transparency as individual nutrient management plans that currently regulate sludge application are not part of the public record. Requiring greater transparency of the nutrient management plans from farms applying sludge material will create better accountability to ensure the nutrients are being used safely as a soil amendment and are not polluting groundwater and surface waters.

 4. Recommended Action: Incentivize curriculum at local community colleges that prepares students for positions at local Soil Conservation Districts and at the Natural Resource Conservation Service.

 Maryland Soil Conservation Districts and the Natural Resource Conservation Service provide invaluable services to farmers to help achieve clean water and air goals. However, these agencies are having difficulty finding candidates with adequate technical background to fill even entry level positions. Maryland community colleges, particularly those on the Eastern Shore, offer an opportunity to create a workforce to fill these positions. These colleges should work with local conservation districts to develop course work and training to fill this gap in technical support for farmers.

Coastal Development

Development pressure on the Eastern Shore has increased significantly in the wake of Covid-19. Rural communities and natural landscapes, comparatively lower housing prices, and proximity to major city centers have attracted more part-time and full-time residents, contributing to an unrivaled housing boom. The Eastern Shore’s low-lying waterfront and rural landscape supports sensitive habitats that aid in coastal resilience. Proper land use planning is essential in ensuring responsible development that will not harm or destroy these habitats or impair local water quality. 

1. Recommended Action: Update the Maryland Stormwater Design Manual (2009) to include the most recent precipitation data available. 

Sea level rise, more intense storms, and increased pollution loads are important factors to consider in development. Municipalities must prioritize infill over new development, as well as green space conversion and conservation. Site design and stormwater best management practices should account for a greater volume of precipitation, and green infrastructure should be aggressively implemented to slow and treat runoff from impervious surfaces and farm fields to minimize the negative impacts of more intense precipitation events.

2. Recommended Action: Establish state-wide policy mandating that future construction at locations in the Critical Area zoned as Intensely Developed Areas be restricted to government and emergency services.

The critical area is the first line of protection along our waterways—development in this area should be prohibited in order to preserve habitats that naturally mitigate pollution and protect inland developed areas from a changing coastline. Land in the critical area zoned as Intensely Developed Areas should be used only for government and emergency services; otherwise, development in the Intensely Developed Areas of the critical area should be prohibited. The state should also require jurisdictions with delegated authority to submit yearly reports that include information on buffer management plan development, violations, stop-work orders, legal actions, and issued fines to ensure that local laws are being enforced. 

3. Recommended Action: Reduce permitting barriers for installing living shorelines, bolster funding available to build living shorelines, and limit the use of waivers to the living shorelines provision in state law. 

4. Recommended Action: Support legislative efforts—driven by data from a recent Hughes Center Report—that increase forest protections and mitigation requirements under the Forest Conservation Act.

As coastal marshes diminish and migrate inland due to inundation and erosion, they will lose their capacity to protect against flooding and storm surges. Increased risk of floods, failing septic systems in shallow water tables, and land subsidence will likely first impact underserved communities residing in low lying areas of our watershed. Protecting and preserving marshland, forested buffers, submerged aquatic vegetation beds, and wetlands will provide greater resiliency to all our coastal communities and filter polluted runoff before it reaches Eastern Shore waterways. The state should reduce barriers and increase incentives as much as possible for landowners to install living shorelines.

Septic Systems

1. Recommended Action: Support legislative efforts to require routine maintenance and inspections of septic systems, and create a comprehensive and public septic database, managed by MDE, that will provide transparent and credible data about the age and viability of septics in the state. 

2. Recommended Action: Aggressively fund Maryland’s Bay Restoration Fund in order to connect more communities on septic to municipal systems and to offer more homeowners subsidized septic upgrades to Best Available Technology systems.

3. Recommended Action: Limit new sources of nitrogen by requiring Best Available Technology systems in new construction within 1,000 feet of any waterway (including non-tidal/blue line streams).

 Many properties across the Eastern Shore are dependent on individual septic systems to treat their wastewater. Many of these systems are aging and failing, polluting local rivers and posing a threat to human health. ShoreRivers supports several efforts to update and properly maintain septic systems, including using Best Available Technology systems throughout the watershed, requiring routine maintenance, requiring a state license for installers and inspectors, creating a database of all septic systems and drinking water wells, allocating additional funds for septic repairs and upgrades, and increasing technical and financial resources for local health departments and environmental health programs.

Wherever possible, houses on septic systems should be connected to municipal wastewater. Existing wastewater capacity on the Eastern Shore should prioritize connecting existing communities utilizing septics, especially in low lying areas, before new developments receive allocations.

Bay Bridge Development

1. Recommended Action: Prioritize green spaces and stormwater management practices in planning for the new Bridge crossing. Properties acquired by the state via eminent domain parallel to bridge and highway infrastructure should be allocated as unprecedented tracks of open space for equitable public access, green stormwater solutions, and habitat protection.

A new Chesapeake crossing along corridor 7 to Kent Island, currently being evaluated by the Maryland Transportation Authority, will result in increased pollutants entering local rivers and the Chesapeake Bay. New development on the Eastern Shore along the expanded highway corridor will add pressure to our natural systems, including increased stormwater runoff, septic and sewage overflows, air emissions, and litter.

As the Bay Crossing study progresses and considers traffic staging and expanding existing infrastructure on either end of the new span, ShoreRivers will advocate for strong mitigation tactics for environmental impacts that may occur, including land preservation, shoreline restoration, addition of new public access sites, and implementation of green stormwater best management practices. Resiliency planning should impact decision making at the state and local level. State and local planners should focus on creating economic and employment opportunities on the Eastern Shore through mixed use development and enhancing existing town centers to alleviate the need to commute across the bridge.

D.C. Court of Appeals Vacates Federal License for Conowingo Dam

See the full release from Waterkeepers Chesapeake, ShoreRivers, Earth Justice, and the Lower Susquehanna Riverkeeper Association

(Silver Spring, MD) Today, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion vacating the Federal Energy Regulatory Commission’s (FERC) licensing of the Conowingo Dam and remanded it back to FERC. In its decision, the court agreed with Waterkeepers Chesapeake, Lower Susquehanna Riverkeeper, ShoreRivers, and Chesapeake Bay Foundation’s argument that FERC exceeded its authority when it approved a 50-year license without including the Water Quality Certification that Maryland issued in 2018.

The Clean Water Act provides that no license or permit under section 401 shall be granted until certification has been obtained or has been waived by a state. The court agreed with us that “Maryland did not fail or refuse to act. Just the opposite. The state acted when it issued the 2018 certification.” Furthermore, the court stated that FERC cannot issue “a license based on a private settlement arrangement entered into by Maryland after the state had issued a certification with conditions but then changed its mind.”

In remanding the license back to FERC, the court again agreed with us that there wouldn’t be disruptive consequences, and would allow the “completion of the administrative and judicial review that was interrupted by the settlement agreement.” The court emphasized that states are the “prime bulwark in the effort to abate water pollution.” The court decision clearly shows that delays could have been avoided if Maryland and other parties involved had followed the law from the beginning.

“We applaud the court’s decision and are glad to see that Constellation Energy (formerly Exelon) will be required to pay their fair share for the harm that their dam operations have caused to the Susquehanna River and downstream communities,” said Betsy Nicholas, Executive Director Waterkeepers Chesapeake. “This decision will not only protect the Susquehanna River and the Chesapeake Bay for the next 50 years of this license term, but will also ensure that all water quality certifications for large projects can’t just be thrown out when it is politically expedient or when the state is pressured to do so. This is a big win for the Chesapeake Bay, watermen, downstream residents, and the entire Chesapeake Bay cleanup plan.”

“Vacating the unlawful 50-year license for Conowingo Dam which was conspired by the dam’s owner Constellation Energy and Maryland Department of the Environment sets national precedent in protecting our communities and upholding the statutes of the Clean Water Act,” said Ted Evgeniadis, Lower Susquehanna Riverkeeper. “The Susquehanna River, Chesapeake Bay, and all users of these waters felt great relief today by the court’s decision. Constellation must be held accountable to help protect this critical estuary. If they would like to produce profits from the Susquehanna River, they must accept the fact they play a huge role in protecting downstream communities and must pay to protect water quality, migratory fish species, and recreational uses. Our challenge and court ruling sets the record straight in that large corporations do not get a free pass and are held accountable to the law as written.”

“ShoreRivers applauds the court’s decision to vacate this license and protect our local communities and their fundamental right to clean water. The Eastern Shore bears the brunt of the pollution that flows through the Conowingo Dam, creating navigational hazards, shorelines choked with debris, and oyster bars and underwater grass beds smothered with sediment,” said Sassafras Riverkeeper Zack Kelleher from ShoreRivers. “We’re happy that the right decision was made in this case for our maritime communities and economy, and to protect all of the restoration work that Marylanders have worked so hard to implement. Today’s decision is a major win for our watermen, boaters, community members, and everyone who works, recreates, and enjoys our Eastern Shore waterways and the Chesapeake Bay.”

“Today’s decision makes clear that project owners and states can’t do an end-run around Clean Water Act provisions that Congress put in place to protect the nation’s waters and the public interest,” said James Pew, a senior Earthjustice attorney who represented the groups in litigation. “Water quality certifications have to include all the requirements that are necessary to protect a state’s waters and they can’t be abandoned or altered in private backroom deals.”

Maryland’s 2018 certification identified the minimum steps necessary for the dam operations to protect the water quality of the Lower Susquehanna River and the Chesapeake Bay, including reducing the amount of nitrogen and phosphorus flowing from the dam, ensuring fish and eel passage, improving the dam’s flow regime to protect downstream habitats, controlling trash and debris, providing for monitoring and undertaking other measures. Maryland can go forward with the current certification or go through the process to create a new one. The inclusion of the certification water quality protections in the dam’s license will accelerate progress on the Chesapeake Bay cleanup plan (TMDL).

Statement on the Approval of the Trappe East Wastewater Treatment Plant Permit

ShoreRivers is disappointed but not surprised by the approval of the Trappe East wastewater discharge permit by the Maryland Department of the Environment. As we told MDE in our initial comments, spray irrigation is not an adequate means of disposing wastewater without polluting the river. The intention of these permits is for wastewater sprayed onto fields to be absorbed by crops, but much of the nutrients end up percolating into our groundwater instead. Showing the inadequacies of these types of spray irrigation systems, data from inspection reports on the Eastern Shore compiled by Chesapeake Legal Alliance for the years 2016–2020 proved that 54% of permit inspections ended in noncompliance. Multiple scientific studies show that 70% of the nitrogen flowing into our Eastern Shore rivers comes from groundwater. We have to protect our groundwater and our rivers by denying spray irrigation permits like this.

However, there are small gains to celebrate here as well. An unprecedented amount of public comment was submitted on this permit that sent the message—loud and clear—to the state of Maryland that we won't allow for blanket approvals that prioritize the wants of developers and companies over the needs of our citizens and the environment. And thanks to these comments and incredible participation by the public, the final permit does include more water quality protections than the original by limiting the wastewater discharge to 100,000 gallons, nearly one sixth of the proposed amount, and reducing the size of the development from nearly 2,500 buildings to 400. We hope that the permit, as approved, will stand and that further needs for the planned development will not include the dumping of massive amounts of wastewater on our land

Members of the public, scientists, lawyers, and experts earned these achievements by engaging in the process and putting forth legitimate concerns about how their fundamental right to clean water would be impacted by the original proposal. ShoreRivers will remain vigilant in our monitoring of this development in order to protect our precious natural resources. Thank you for stepping up in the public process and helping us advocate for clean water.

Matt Pluta
Director of Riverkeeper Programs

Fisherman, Scientists, Residents, and Environmentalists in Agreement on AquaCon

On September 19, the Mid-Shore Fishing Club and ShoreRivers were among roughly 75 attendees at a work session in Federalsburg on AquaCon, the Norwegian start-up trying to establish a 25-acre indoor salmon factory that will discharge 2.3 million gallons of contaminated water into Marshyhope Creek daily. For nearly two hours, AquaCon’s attorney spoke at the clearly disgruntled crowd, who were given little chance for public comment at the end of the meeting. We’d like to provide our comment now. 

 First, we applaud the Federalsburg Mayor & Town Council for hosting this session and for Mr. Showalter, on behalf of AquaCon, for his participation. However, after nearly a three-hour meeting in total, we left with more questions than answers, owing in large part to Mr. Showalter’s most repeated phrases of, “I don’t know” and “I’m not a scientist.”

 Fortunately, we have heard from scientists and what they have to say about this facility and its grossly deficient proposed permit (currently under review by the Maryland Department of the Environment.) Scientists worry, rightly so, about the serious threat this operation poses to the Atlantic Sturgeon. Federally and state designated as critical habitat, the Marshyhope is the smallest known river in the United States that is home to this endangered species and is the only river in Maryland where it is known to spawn, with cobble beds that could be eroded away by the amount of wastewater AquaCon proposes dumping just upstream from their habitat. Mr. Showalter was specifically asked at the meeting if AquaCon could guarantee there would be no impacts to the Atlantic Sturgeon and his response was “no.”

 We’ve heard from countless environmentalists about this issue, too, with groups like ShoreRivers, the Chesapeake Bay Foundation, Friends of the Nanticoke River, Dorchester Citizens for Planned Growth, and the Wicomico Environmental Trust all coming out in opposition to this facility and the pollution and runoff it will dump into our waterways.

 ShoreRivers supporters generated more than 360 letters expressing their concerns in just four days, letters that urge the Maryland Department of the Environment to do the right thing and deny the dangerous discharge permit, which would allow AquaCon to dump nitrogen and phosphorus in excess of what the state’s own model says are safe levels for the area. Without the offsets needed to reduce the loads (still unsecured), the permit application is incomplete.

We’ve also heard from advocates like Tom Horton and those who recreate on the Bay, like our Mid-Shore Fishing Club and its 121 members, who consider the proposal “ludicrous.” And Federalsburg residents seem to agree, from those in attendance at the recent meeting who made it abundantly clear that they didn’t want this fish factory in their town to the more than 100 who have signed an online petition in hopes of saving their beloved Marshyhope.

Residents at the September 19 meeting expressed repeated concerns about the withdraw of groundwater and its impact on their drinking water wells, and about the impact this will have on a town already prone to flooding. According to Mr. Showalter, the company proposes to withdraw millions of gallons of water per day from underground aquifers, yet both he and MDE have failed to address whether groundwater supplies and existing uses can accommodate this level of withdrawal, or could cause saltwater intrusion or nearby land to sink, as has happened elsewhere.  Federalsburg already floods on high tides and after heavy storms—add 2.3 million gallons of discharge daily, and the flooding will undoubtedly get worse.

It's not often that this many voices are able to reach a consensus on the best way to maintain the health of our local waterways, but on this case it’s easy to come together—indoor salmon farming of this size and scale hasn’t been done safely and successfully anywhere in the country, and we can’t be the guinea pigs in this experiment. It’s past time to listen to our voices.

We believe it is the Federalsburg Mayor & Town Council's right and duty at this point to take back control of this process by asking the state to discontinue processing the discharge permit. We call on them to make their own voices heard and to protect their town, their residents, and their waterways by stopping this process before it’s too late.

Our Eastern Shore rivers are too fragile for this type of operation. The proposal from AquaCon represents a distraction from the multi-layered effort to reduce pollution flowing to the Chesapeake Bay and to protect native species like crabs, rockfish, and the delicate population of Atlantic Sturgeon. Those of us who support healthy waterways and product fisheries have an obligation to ensure that this negligent permit does not pass. 

Tom Wilkison, President, Mid-Shore Fishing Club

Matt Pluta, Director of Riverkeeper Programs, ShoreRivers

ShoreRivers, Dorchester Citizens for Planned Growth, and Chesapeake Legal Alliance Announce Settlement with Valley Proteins, LLC over Clean Water Act Violations

Local Maryland Eastern Shore nonprofit organizations ShoreRivers and Dorchester Citizens for Planned Growth (DCPG), represented by their attorneys at Chesapeake Legal Alliance, announce an agreement to settle a lawsuit against Valley Proteins for pollution violations at its Linkwood, Maryland facility. The Chesapeake Bay Foundation and Maryland Department of the Environment (MDE) are also parties to the agreement.

Valley Proteins, LLC operates an industrial plant in Linkwood, Maryland, that uses a chemical process to render chicken carcass parts into protein for animal feed and other products, which it then sells. The plant’s Clean Water Act permit expired in 2006, but the state has enabled the company to continue to operate in Linkwood by administratively extending it for more than 15 years.

In spring 2021, ShoreRivers, DCPG, and Chesapeake Legal Alliance along with co-plaintiff Chesapeake Bay Foundation issued a notice of intent to sue under the Clean Water Act because for years the state had failed to address violations at Valley Proteins, failed to renew the 15-year-old discharge permit, and failed to require corrective actions to modernize their wastewater treatment plant. MDE initiated an enforcement action against Valley Proteins in early 2022 after drone footage captured by ShoreRivers documented increased pollution violations and unauthorized discharges into the Transquaking River watershed.

“It took a team of nonprofits, including the Chesapeake Legal Alliance, 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, Director of Riverkeeper Programs at ShoreRivers. “We will remain vigilant in the coming months and years to see that the terms of the consent decree are followed and that any future discharge permit includes the necessary conditions for improving local water quality.”

Acknowledging that more is still needed to fully protect the Transquaking River, DCPG President Fred Pomeroy says: “We regard this consent decree as a potential first step toward reducing the illegal discharges from Valley Proteins that have for years degraded the Transquaking River and threatened public health in the watershed. Now, we call on Maryland’s Department of the Environment to produce a strict new operating permit for the facility which will actually contribute to restoration of the river. Markedly improved water quality downstream from the VP operation will be the ultimate test of the effectiveness of this agreement.”

The consent decree is an important victory toward bringing accountability. It is the strongest enforcement action brought to date against Valley Proteins, LLC in the decade-long period for which they have violated pollution control limits.

“Our clients sought to hold Valley Proteins accountable for illegal pollution discharges and violations of its permit, and we have done just that,” said Patrick DeArmey, Attorney for Chesapeake Legal Alliance. “This enforcement action initiated and led by local nonprofits is exactly the type of community involvement that is at the heart of the Clean Water Act.”

Under the agreement, Valley Proteins will pay $540,000 in civil penalties and $160,000 for water quality monitoring and restoration. Additionally, Valley Proteins will be required to complete upgrades and conduct studies on site including: upgrading stormwater treatment; studying potential groundwater pollution and, if identified, abating it; addressing issues with existing wastewater treatment system, and studying and controlling odor and air emissions. The agreement fell short of requiring Valley Proteins to upgrade their outdated wastewater treatment plant, a condition ShoreRivers and DCPG view as necessary to prevent future violations and protect water quality.

Separate from this consent decree, MDE is expected to issue a new Clean Water Act permit to Valley Proteins this year. MDE released a draft permit for comment earlier this year which proposed an almost four-fold increase to Valley Proteins’ water pollution discharge flow, an expansion that ShoreRivers and DCPG strongly oppose given the facility's extremely poor compliance record.

***

Shore Rivers protects and restores Eastern Shore waterways through science-based advocacy, restoration, and education. A 501(c)(3) working to advocate for strong clean-water laws to ensure a legacy of thriving waterways and help galvanize communities to act to improve the health of our rivers, its core focus is on the Chester, Choptank, Sassafras, Miles, and Wye rivers, Eastern Bay, and the Bayside Creeks.

Dorchester Citizens for Planned Growth a 501(c)3 nonprofit is organized to guarantee a public voice in issues of land and water use. The group pledges to advocate for the promotion, maintenance, and conservation of the natural resources, farmland, waterways and open spaces of Dorchester County.

Chesapeake Legal Alliance is a 501(c)(3) nonprofit organization dedicated to providing free legal services, with a mission to apply the power of the law to protect and restore clean water and promote healthy, resilient ecosystems for communities across the Chesapeake Bay watershed.

AquaCon’s Proposed Industrial Salmon Farm Represents a Major Environmental Risk for Maryland

Screenshot from the AquaCon website of the proposed facility in Federalsburg.

The small yet critically important Marshyhope Creek on Maryland’s Eastern Shore has been targeted for a massive facility that poses a serious threat to its water quality and its habitats. The state’s initial attempt to permit AquaCon’s massive Federalsburg facility is grossly deficient.

The start-up Norwegian company’s promises about sustainable indoor salmon farming and the economic benefits it would bring to Maryland have not panned out elsewhere in this industry.

Instead, the nascent indoor salmon farming industry has been plagued by mass die-offs of fish, lackluster consumer support, and in one case a catastrophic fire that destroyed an industrial salmon production facility in Demark.

Despite the industry’s problems, AquaCon is now proposing a 25-acre indoor salmon farm near Federalsburg, and a draft discharge permit for it has been issued by the Maryland Department of the Environment. As scientists and environmental advocates who have reviewed the proposed permit, we find it to be concerning and deficient. If AquaCon is allowed to operate under this permit, there are numerous risks to Eastern Shore ecosystems and the Chesapeake Bay.

Anyone concerned with this proposal should attend the in-person public hearing 5 to 8 p.m., Aug. 10 at Federalsburg Town Hall. MDE plans to accept written comments until close of business August 17.

AquaCon is proposing to produce about 35 million pounds of salmon per year at this facility in a series of tanks. Within these tanks, the water would be filtered and recycled to limit the wastewater that leaves the plant.

Yet AquaCon still proposes to dump 2.3 million gallons of wastewater into Marshyhope Creek each day. This amount of polluted water could overwhelm the narrow and mostly shallow tidal creek.

Federally and state designated as critical habitat, the Marshyhope is the smallest known river in the United States that’s home to the endangered Atlantic sturgeon. It’s also the only river in Maryland where the species is known to spawn. MDE has not addressed concerns expressed by Maryland’s Department of Natural Resources and scientists from the University of Maryland Center for Environmental Science about how the pollution and coldwater discharges from the industrial salmon farm would affect Atlantic sturgeon.

This project represents the first experiment of its kind where fecal wastes, well exceeding those of the entire human population of Caroline County, are self-contained under a single roof.

Neither AquaCon nor MDE has provided assurances that the proposed technology, which has only been tested in small production units, will work to filter the feces from millions of large salmon grown in tanks. Maryland’s Eastern Shore already faces a severe overabundance of animal processing wastes.

In the U.S., there's only one industrial salmon farm in operation that’s of a similar scale as what’s being proposed by AquaCon—a plant in Miami operated by Atlantic Sapphire. That plant, which first began producing salmon in 2020, suffered mass die-offs of salmon in 2020 and 2021 that killed more than 600,000 fish—equivalent to about 1,300 cattle being wasted. In September 2021, Atlantic Sapphire’s pilot plant in Demark, where it was testing technology to raise salmon indoors caught fire and destroyed the facility. The fire created a cloud of smoke that covered neighboring communities and caused a nearby waterway to turn red. Authorities warned citizens in the area not to enter the water due to excessive amounts of iron chloride spilling into the water next to the plant.

Despite these catastrophic events, MDE’s proposed permit does not address what AquaCon would be required to do in the event of loss of power, water supply interruptions, fish die-offs, debilitating storms, or devastating fire. Even if AquaCon were required to obtain a bond to cover operational failures, the environmental risks are too high to be mitigated by this kind of compensation.

The Marshyhope is already impaired by primary Bay pollutants such as nitrogen and phosphorus, yet MDE’s permit doesn’t detail how the plant could ensure it doesn’t exceed the limits the agency sets for these pollutants.

The permit doesn’t address how stormwater runoff would be treated from the plant, which would be one of the largest buildings in the state—about the size of six Super Walmarts. An inch of rainfall on this facility could produce up to 750,000 gallons of runoff, which would create flooding and pollution risks.

AquaCon is also proposing to withdraw 2.3 million gallons of water per day from underground aquifers, yet MDE has failed to address whether groundwater supplies and existing uses can accommodate this level of withdrawal, or could cause nearby land to sink, as has happened elsewhere.

What MDE did do is compare this new permit with one issued in Belfast, Maine for a different indoor salmon farm. However, the comparison is less than apt. In Maine, the facility would drain into Penobscot Bay, a much larger, deeper, and colder body of water, whereas the Marshyhope at the proposed discharge location is only about 100 feet wide and wadable at low tide. And while Maine did grant a discharge permit for the facility, the plant has not been built so there’s no way to tell if the permit is appropriate or being met.

The indoor-raised salmon industry has struggled with an off-taste due to high levels of the microbe geosmin being present in the salmon tanks. In Maryland, AquaCon is proposing to “purge” that geosmin from their fish straight into the Marshyhope. The effects of doing that to the fish already living in this sensitive waterway – from temperature and salinity imbalances, to chemical contamination, to excessive nutrient loads – are mostly unknown.

Taken together, the risks posed by this speculative business proposition are great. If Maryland is really interested in enabling farm raised salmon production on the Shore, state regulators need to do more to protect surrounding communities, guarantee pollution in local waterways won’t get worse, and find a site that doesn’t directly threaten the endangered Atlantic sturgeon.

Alan Girard, Eastern Shore Director, Chesapeake Bay Foundation

Dr. Bradley Stevens, Professor Emeritus of Marine Science, University of Maryland Eastern Shore

Dr. David Secor, Professor, University of Maryland Center for Environmental Science, Chesapeake Biological Laboratory

Fred Pomeroy, President, Dorchester Citizens for Planned Growth

Jay Martin, President, Friends of the Nanticoke River

Dr. Judith Stribling, Faculty Emerita, Salisbury University

Madeleine Adams, President, Wicomico Environmental Trust

Matt Pluta, Director of Riverkeeper Programs, ShoreRivers

Nick Carter, Retired Fisheries Biologist, MD Department of Natural Resources

Ending Public Access at Gibson’s Grant Sets Dangerous Precedent

On April 26, 2022, the Queen Anne’s County Commissioners voted to terminate the public easement to a pier at Gibson’s Grant on Kent Island, ending public water access at the pier. Closing public access is not in the best interest of our county’s residents, and it will set a dangerous precedent for future development projects if contingencies, like this public access point, can be reversed.

It is common practice in planning and zoning departments to require proposed developments to set aside land for public parks or conservation easements. This helps create a balance of private and public property, of developed lands and natural spaces—ensuring that people from all socioeconomic backgrounds have access to our shared natural resources. The public pier at Gibson’s Grant was a contingency for the approval of the development and as such should have remained intact. Access to our waterways should not be restricted to waterfront homeowners. There needs to be adequate access for all communities to reach our rivers.

The request to terminate came from the Gibson’s Grant Homeowners Association (HOA), closing off fishing access to the many community members who used the pier, primarily for sustenance fishing. The feedback I have heard is that the HOA members were unhappy with the increased number of visitors to the pier. Sparked by the pandemic, statewide park visitation jumped by tens of thousands in 2020 and 2021 compared to 2019, and these numbers remain high. People are using our natural resources more, and this is a good thing: visiting parks and waterways fuels a love of our environment and inspires stewardship.

We should be celebrating this increase in enjoyment of our outdoor spaces, not reducing the public’s access. ShoreRivers opposes the recent termination of the public access easement at Gibson’s Grant, and would like to know specifically how the Commissioners plan to address the community’s need for increased public access in the future.

The Gibson’s Grant termination request first appeared on the Commissioners’ agenda as “new business” for the April 26 meeting. On the night of the meeting, there was no presentation or appeal made by the HOA, nor were there any questions or debate from the Commissioners before they voted to terminate the easement. At the last moment, the agenda item was moved from its advertised 6:15 PM time slot to the very beginning of the meeting. It seems clear that the decision to approve this petition happened behind closed doors well before the public Commissioners’ meeting.  In 2020, a similar petition was submitted by the HOA and was denied by the Planning Commission, so why now did the Commissioners vote to end public access unanimously and without deliberation?

Public access to Queen Anne’s County’s natural resources, including its waterways, is intrinsic to promoting commerce, tourism, and quality of life for every resident. Access also fosters a deeper respect for natural resources that lie at the heart of the Queen Anne’s Community Vision of “being a great place to live.” During the public comment phases of the recent Comprehensive Plan revision, a 2-year process spearheaded by the consulting firm Wallace Montgomery, it became clear that public access and land preservation for recreational opportunities are the overwhelming priority for County residents. 75.9% of community participants ranked the natural environment and open space preservation as priority considerations related to future development (2022 Comp Plan draft. Environmental Resources, Figure 5.3, PlanQAC2021).

We implore the Commissioners of Queen Anne’s County to work for a county vision in which development does not impair the quality of life enjoyed by all, and sets the example for a community that protects the expectations and opportunities of all of its members. Public access to nature brings invaluable rewards to human health and community life. If access also brings challenges, we can and must address those challenges, not restrict the right to that access.

Click here to find out more about our work on public access and public health information on our rivers.

Annie Richards
Chester Riverkeeper

ShoreRivers Recaps Zombies, Chemicals & Climate Wins This Session

The Valley Proteins rendering facility in Linkwood, MD discharges into the Transquaking River and operates in significant noncompliance on a “zombie” discharge permit. The passage of HB649 will require MDE to hold them accountable.   

The 2022 Maryland Legislative Session, which adjourned on April 11, was a huge success for cleaner water and healthier rivers. In collaboration with the broader environmental community, ShoreRivers weighed in on over 30 bills. In particular, the bill on “zombie” discharge permits (HB649) will result in significant changes to the way the Maryland Department of the Environment (MDE) monitors facilities for their discharge into waterways. The passing of this legislation came after a multiyear effort by ShoreRivers’ Riverkeepers and a broader coalition of environmental organizations advocating that MDE end the practice of administratively continuing expired discharge permits.

The bill comes on the heels of the discovery of significant, ongoing pollution violations by the Valley Proteins rendering facility in Linkwood, Maryland. ShoreRivers provided the aerial images that spurred MDE into action.

"For years we've been dealing with significant pollution from the oldest ‘zombie’ permit in the state—Valley Proteins—which has also been in significant violation of a discharge permit that expired over 15 years ago. The state's lack of oversight and control of the situation represents a regulatory failure," said ShoreRivers Director of Riverkeeper Programs Matt Pluta. “This could have been prevented if MDE were operating with the resources and framework now required through this legislation.”

There are currently 30 facilities on the Eastern Shore operating on “zombie” permits, which means they are using outdated technology and potentially polluting our waterways. This new law will result in required monthly randomized inspections for facilities in significant noncompliance with their water quality permits and bring facilities failing to report required pollution monitoring data into compliance. Additionally, the bill requires MDE to significantly increase staffing in order to address the backlog of administratively continued discharge permits by 2026. The bill passed with bipartisan support; Senator Paul Pinsky and Delegate Sara Love were the lead sponsors.

“The legislative and political strategy led by partners at ShoreRivers, Chesapeake Legal Alliance, Waterkeepers Chesapeake, and Chesapeake Bay Foundation helped pass HB649 at a monumental time as the nation celebrates the 50th anniversary of the Clean Water Act this year,” says Pluta. “The discharge permits addressed in this bill are governed under the Act’s National Pollution Discharge Elimination System program, which is one of our strongest tools for controlling pollution from facilities discharging to local waterways.”

“Our work during session gives us the ability to create system-wide and meaningful change to better protect our local rivers against major issues that impact water quality. Despite another challenging session due to COVID, the environmental community has some real wins to celebrate this year,” says ShoreRivers Milesl-Wye Riverkeeper Elle Bassett.

ShoreRivers participates in a state-wide coalition of environmental organizations advocating at the General Assembly, called the Citizens Campaign for the Environment. This year, the group prioritized three bills: the elimination of PFAS chemicals, a package of climate bills, and passing the Environmental Human Rights Amendment.

PFAS Chemicals: The group successfully passed a bill to restrict the use of PFAS—chemicals emerging as a health issue in drinking water—in fire-fighting foams, rugs and carpets, and some food packaging through the George “Walter” Taylor Act. Reducing the use of PFAS chemicals in Maryland will prevent further contamination of all of our water sources.

Climate Package: There was a significant emphasis on climate during this year’s legislative session, and the Senate’s Climate Solutions Now bill was passed with amendments. This progress supports Maryland’s efforts to be a climate leader and mitigate the impacts of climate change that we’re already seeing, especially in coastal communities on the Eastern Shore.

Maryland Environmental Human Rights Amendment: This bill, which would have created an enforceable right to a healthful environment did not successfully cross over during this session despite a strong showing of grassroots support.

CLICK HERE for more information about ShoreRivers’ advocacy work.

ShoreRivers Supports Bill to End "Zombie" Permits & Hold Polluters Accountable

Pictured is the Valley Proteins rendering facility in Linkwood, MD. The facility’s permit expired in 2006, and has been administratively continued since then, allowing them to retain the same permit terms for more than two decades.

The Maryland Department of the Environment (MDE) has been in the spotlight for many reasons during this legislative session, including chronic understaffing and lack of enforcement. In January, the Senate Education, Health, and Environmental Affairs committee invited Secretary of the Environment Ben Grumbles to provide an overview of the Department’s shortcomings and plans to improve staffing and enforcement. This briefing emphasized the need across many divisions at MDE for an increase in qualified staff to inspect facilities and conduct permit renewal processes.

Accountability and enforcement are keystone issues for ShoreRivers, and one component that we’ve focused on for the past few years is administratively continued permits, commonly known as zombie permits. When a wastewater discharge permit has expired, as long as a permittee has submitted their application to renew, MDE will extend the permit so the facility can operate on their existing terms indefinitely until the permit is actually reviewed. Currently, there are about 30 facilities on the Eastern Shore operating on zombie permits, carrying over outdated permit limits and in some cases allowing continued operation without the best available technologies in place.

Discharge permits are issued for five-year terms, but in some cases these permits are in place for decades because MDE cannot keep up with the volume of permit renewals. This becomes particularly problematic when facilities violate their permit terms for effluent limitations or reporting requirements – they’re not only operating on an outdated permit, they are also in significant noncompliance with said permit. The prime example for this on the Eastern Shore is the Valley Proteins rendering facility in Linkwood, MD. The facility’s permit expired in 2006, and has been administratively continued since then, allowing them to retain the same permit terms since 2001, or more than two decades. Extensive violations have been identified at the rendering facility, and MDE only addressed these violations because of evidence provided by ShoreRivers in December of last year.

“A facility operating in significant noncompliance of a zombie permit is the ultimate one-two punch to water quality and the entire permitting system designed to protect it. The sheer number of zombie permits and facilities operating in significant non-compliance around the state is evidence that MDE has failed to do its job and uphold its obligations under the Clean Water Act,” said ShoreRivers Director of Riverkeeper Programs Matt Pluta.

Not only do zombie permits in significant noncompliance result in degraded rather than improved water quality, as we’re seeing in the Transquaking River into which Valley Proteins discharges, but administratively extending these permits for many years deprives the public of the opportunity to comment. Public comment is part of the permit renewal process and is a foundational aspect of the Clean Water Act. Since these permits are not being updated in a timely manner, residents in the watershed where these zombie permits exist do not have an opportunity to publicly voice their concerns.

Legislation has been introduced this session to address staffing at MDE, the backlog of zombie permits, and facilities in significant noncompliance with their discharge permits. Specifically, the bill will require the agency to request sufficient positions to carry out their responsibilities and to fully address the backlog of zombie permits by 2026. Additionally, monthly inspections will be required for any facility in significant noncompliance with their permit. There are over 100 operations on the Eastern Shore in significant noncompliance, leaving our waterways vulnerable to excess pollution.

The bill (SB492/HB649) went before both the assigned House and Senate committees in late February, with robust support from clean water advocates across the state. Pluta testified in support of the bill during the Senate hearing alongside fellow Waterkeepers. “This legislation will bring MDE back up to the standard we expect and deserve in order to protect water quality and the communities that depend on it.”

To learn more about ShoreRivers’ work on enforcement and zombie permits, please contact Director of Riverkeeper Programs and Choptank Riverkeeper Matt Pluta at mpluta@shorerivers.org. To write to your state legislator in support, please visit shorerivers.org/advocacy.

ShoreRivers Shares 2022 Legislative Priorities

ShoreRivers’ Director of Riverkeeper Programs Matt Pluta speaking at a past environmental legislative summit in Annapolis.

Now that the Maryland General Assembly has reconvened for the 444th Legislative Session, ShoreRivers’ advocacy efforts are in full swing. Our advocacy work is fundamental to creating system-wide change to protect our rivers against the major issues that impact local water quality.

ShoreRivers, in partnership with the broader environmental community, will prioritize three bills this session: 1) a comprehensive climate package that will improve Maryland’s resilience and adaptation to climate change; 2) the PFAS Protection Act to protect Maryland residents from harmful chemicals in our waters; and 3) the Maryland Environmental Human Rights Amendment, which will provide another mechanism for environmental protections under the state’s constitution.

As we face greater challenges on the Eastern Shore resulting from climate change, we must accelerate the implementation of climate-resilient nutrient reduction practices by increasing funding and technical support for our state and local agencies. ShoreRivers will advocate for much of the federal funding allocated to the Chesapeake Bay Program in the recent infrastructure package to go toward implementation of conservation practices, particularly on agricultural lands throughout our watersheds.

The Maryland Department of the Environment (MDE) must dedicate adequate personnel and resources in order to issue protective permits and take adequate enforcement action against pollution. As is laid out in a key piece of legislation we are supporting this session, MDE needs to conduct monthly inspections of facilities with administratively continued permits as well as facilities in significant noncompliance with their permits, and enforce meaningful penalties that disincentivize violating water pollution controls. This bill aims to fully address the backlog of administratively continued discharge permits (often referred to as “zombie” permits) over the next three years. Since the state has invested funds in upgrading the technology at many of these permitted facilities to reduce pollution loads, we should invest in our state agencies to ensure that terms of the permits are being met and that the technology is functioning as intended so we can meet our 2025 pollution reduction goals established by the Chesapeake Bay Total Maximum Daily Load (TMDL).

Just as we implement restoration projects throughout our communities, engage volunteers in tree plantings and oyster growing, and reach thousands of students each year through our environmental education programs in local schools, our advocacy at the local, state, and federal level ensures that all of those endeavors can continue in order to achieve our water quality goals. Our laws and regulations should protect and support these local investments, and we look forward to a productive legislative session with members of the General Assembly and our fellow environmental advocates.

If you are interested in getting involved and learning more about these priority bills, tune in for the Maryland Environmental Legislative Summit on Tuesday, January 25 at 6 PM. Learn more and register here: https://bit.ly/3GpzwkI.

ShoreRivers Calls for Increased Monitoring & Enforcement for Valley Proteins Discharge Permit

An aerial view of the Valley Proteins facility in July 2021.

Nearly 80 people attended the state hearing on the renewal of Valley Proteins’ wastewater discharge permit on Tuesday, November 16, at the Linkwood Volunteer Fire Station. Just under 40 community members, including Choptank Riverkeeper Matt Pluta and ShoreRivers’ Director of Education Suzanne Sullivan, spoke out against the Maryland Department of the Environment’s (MDE) proposal to allow Valley Proteins to expand their wastewater operation to nearly four times their current discharge volume.

 The agency recently issued a tentative determination for renewal of Valley Proteins’ discharge permit that expired in 2006, which ShoreRivers believes is overdue for an upgrade. After reviewing MDE’s draft permit, ShoreRivers has identified opportunities for improvement. First, the permit should require independent, third-party monitoring of all discharge limits to ensure credible reporting. Second, Valley Proteins must come into compliance with their current discharge limits before they are allowed to expand their discharge volume. And finally, when the plant violates their permit in the future, MDE must issue fines and enforce water pollution control laws—actions the agency has not taken against previous violations.

 “Valley Proteins has been operating on a permit with outdated pollution limits while also using outdated and failing wastewater treatment technology,” said Pluta. “Worse yet, Valley Proteins has been in significant violation of those outdated permit limits, even after having ample time to upgrade and comply to the law. These egregious actions by a private, for-profit entity are polluting our river—a public resource. The company has been getting away with this for years; it’s time to put a stop to it.”

 Valley Proteins applied in 2014 to MDE to increase their daily wastewater discharge limit nearly fourfold, from an average of from 150,000 gallons per day to 575,000 gallons per day. That request was drafted three times between 2014 and 2020, but repeatedly withdrawn up until this point. “Valley Proteins isn’t able to comply with the 15-year old permit limits for 150,000 gallons per day, which does not provide any confidence that they will meet their limits at treating an even greater volume of wastewater,” said Pluta. The Environmental Protection Agency’s Enforcement and Compliance History Online (ECHO) database indicates the facility has had 43 exceedances of their effluent limits since January 2018.

 At MDE’s hearing for the discharge permit on November 16, dozens of community members spoke about the foul odors emanating from Valley Proteins, which are so strong they affect residents’ daily lives. “The smell in East New Market from the Valley Proteins plant is so bad that I can’t go outside fishing or canoeing on my property on certain days,” said Suzanne Sullivan, a resident of Dorchester County and ShoreRivers’ Director of Education. Another resident said there are several days in the summer months when he can’t sleep with the windows open because the smell is so bad. Others spoke of their pets and family members not going outside because of the odors. “I’ve been complaining to MDE for three years about the odor from Valley Proteins, and now sometimes they hang up on me when I call or they don’t answer,” said Franco Primavesi, a resident within two and half miles of Valley Proteins’ facility.

 Community members have until December 15 to submit comments to MDE on the tentative determination for this wastewater discharge permit. If you are impacted by Valley Proteins’ air emissions or water pollution, concerned about expanding their production capacity, or troubled by MDE’s lack of enforcement and accountability on this matter, please contact MDE with your concerns by email at Michael.richardson@maryland.gov.

ShoreRivers Applauds State's Actions to Stop Pollution from Valley Proteins

The Maryland Department of the Environment (MDE) announced it would take significant steps to hold Valley Proteins accountable for its water pollution, thanks in large part to the work of ShoreRivers and partners. The industrial poultry rendering plant in Linkwood, on Maryland’s Eastern Shore, has been illegally discharging polluted water into the Transquaking River and operating on an outdated permit for 15 years.

In April, ShoreRivers and Dorchester Citizens for Planned Growth (jointly represented by Chesapeake Legal Alliance) and Chesapeake Bay Foundation filed a notice of intent to bring a lawsuit against Valley Proteins for violating its wastewater discharge permit. This action, along with years of advocacy by local environmental groups, spurred MDE to take significant steps this month to hold the plant accountable.

MDE recently announced it would take action to update the plant’s discharge permit, impose penalties for pollution violations, and deny state funding for upgraded technology. Specifically, these actions have been instituted: MDE has issued a new draft wastewater discharge permit, which will replace the outdated permit and hold the plant to higher and more modern standards; following the non-profits’ notice of intent to sue MDE has agreed to impose penalties and remedial actions on Valley Proteins for its pollution violations; and MDE has denied funding previously granted from the taxpayer-funded Bay Restoration Fund to pay for technology upgrades and expanded capacity.

Updated Discharge Permit

Valley Proteins uses a chemical process to render chicken carcasses into protein for animal feed, which it then sells. The plant’s National Pollutant Discharge Elimination System (NPDES) permit expired in 2006, but the state has enabled the company to continue to operate by administratively extending the permit for 15 years. These “zombie permits” endanger the health of our waterways by allowing industrial sources to continue to operate on outdated technology and under outdated pollution limits.

On September 15, MDE issued a new draft permit. “We will be working diligently through the public process to ensure the new discharge permit adequately protects water quality and that checks are in place to prevent future violations from occurring,” says ShoreRivers Choptank Riverkeeper Matt Pluta. “We can do better. We fully expect the State to address their backlog of ‘zombie permits’ and will work this legislative session to prohibit administratively extending permits.”

Penalties for Illegal Discharges

MDE has committed to imposing penalties for the discharge violations Valley Proteins incurred over the years. ShoreRivers will continue to work with MDE to ensure the penalties and remedial actions match the magnitude of the impacts to local water quality. ShoreRivers will also advocate for technical upgrades to the plant and restoration solutions in order to reduce pollution entering local waterways.

In years when records have been available, Valley Proteins has exceeded pollution limits when releasing wastewater into the Transquaking River. Reported violations show the plant discharging above the legal, or “safe,” limit for nitrogen, phosphorus, ammonia, chlorine, and fecal coliform. These nutrients, chemicals, and bacteria cause harmful algal blooms, degrade habitat, and threaten the safety of people trying to swim or fish in the river. Valley Proteins must be held accountable for its degradation of this public resource.

Denying Bay Restoration Funds

In the 2021 Legislative Session, the State authorized $7.6 million to Valley Proteins from the Bay Restoration Fund to cover a portion of the cost of a $15-million-dollar upgrade to reduce pollution.

The Bay Restoration Fund is comprised of tax-payer money and is intended to solve wastewater issues that have a direct impact to the local communities who pay into the fund. Every year the State makes funding awards by reviewing a long list of applicants; it has previously prioritized funding upgrades to public wastewater treatment plants. Many applicants are small, rural towns that don’t have the means to fund their own technology upgrades.

“To reward a facility that has violated its permit for years, by giving them tax-payer money to solve the problem sets a bad precedent for other polluting industries,” says Pluta. In a statement from MDE Secretary Ben Grumbles earlier this month, the state announced it would no longer grant Valley Proteins the funding they requested.

These three issues mark significant achievements in ShoreRivers’ advocacy work to safeguard our local rivers from industrial polluters. Working closely with Chesapeake Legal Alliance,ShoreRivers and our partners will work through the public process for Valley Proteins’ new discharge permit to make sure it’s as protective of water quality as possible. We will also continue to push the state to eliminate the backlog of expired permits and end the practice of administratively extending outdated permits in the state of Maryland.

Chester River No Discharge Zone & Miles-Wye Pumpout Boat

ShoreRivers Reduces Vessel Discharge in Eastern Shore Waterways

ShoreRivers works to identify and address all pollution sources, including discharge from boats with marine sanitation devices. Boat discharge, especially in marinas, high boat traffic areas, and sheltered coves, can lead to nutrient or bacteria pollution hotspots that pose serious health risks to humans and animals. The newly-designated Chester River No Discharge Zone and the Miles and Wye pumpout boat help to eliminate the chance of boat discharge entering the waterways.

As the result of a multi-year effort by ShoreRivers, Maryland Department of Natural Resources (DNR) designated the Chester River as the second No Discharge Zone in Maryland’s Chesapeake watershed. According to the DNR website, a No Discharge Zone “is an area of water where the discharge of all boat sewage is prohibited. This includes raw sewage . . . as well as sewage treated by Type I or II marine sanitation devices.”

In rivers without No Discharge Zones, it is legal to discharge treated sewage into the waters. While treated sewage (from a properly maintained and functioning marine sanitation device) does not contain bacteria pollution, it does contribute nutrient pollution. The Chester River No Discharge Zone will be marked with DNR buoys. Once inside the boundaries of the Chester River No Discharge Zone, all boats with marine heads must pump their waste at a discharge station (a list of pumpout locations can be found at HERE ). Violators can face fines up to $1,000.

River-friendly boaters in other ShoreRivers waterways can help to eliminate this pollution source by always utilizing pumpout services. On the Miles and Wye Rivers, the ShoreRivers pumpout boat will begin its 2021 season May 21. Boaters are encouraged to take advantage of this free service and do their part to keep our waterways clean and healthy. Pumpout boat Captain Jim Freeman states, “Both transient and local boaters rave about the convenience of using the pumpout boat. We can serve any boater on the Miles and Wye rivers, and can carry up to 300 gallons of waste.”

Pumpout boat service is available Friday evenings and weekends (including holidays) during the summer and early fall.

Now in its fifth year, the pumpout boat program is funded by DNR and ShoreRivers in partnership with the Chesapeake Bay Maritime Museum. The vessel has disposed of more than 74,000 gallons of waste from 1,270 vessels, giving boaters a more convenient way to keep this pollution from potentially entering the Miles and Wye rivers.

To arrange service, boaters can contact the pumpout boat by calling 410-829-4352 or on VHF channel 9. To contact Captain Jim with specific questions or to schedule a regular pump out, email POBCaptJim@gmail.com.

Please adhere to social distancing guidelines when interacting with the pumpout boat.