New Report: Toxic Industrial Stormwater Widespread, Maryland Enforcement Seldom Seen

by David Flores | November 16, 2017

Those who take public safeguards seriously are well aware of the potential consequences that arise from the dangerous combination of poorly written pollution permits and lax – even absent – enforcement. From construction sites with failing erosion and sediment controls to ammonia and bacteria-spewing concentrated animal feeding operations, our waterways, their users, and vulnerable populations in the pathway of pollution suffer the consequences. Starting today, we add industrial stormwater to the ignoble list of poorly regulated sources of environmental pollution in Maryland. 

Over the last year, the Center for Progressive Reform and the Environmental Integrity Project have collaborated to investigate Maryland's program for regulation of industrial stormwater, building on earlier work to sue the state to improve its industrial stormwater permit and to bring rigorous enforcement against facilities flouting the permit's most basic requirements

Sadly, our findings confirm our initial suspicions. Permit violations and unacceptable levels of toxic pollution are indeed widespread. Meanwhile, the Hogan administration's Department of the Environment pursues costly yet ineffective "compliance assistance" strategies on an ever-shrinking budget. 

Nearly 1,000 facilities are covered by the industrial stormwater permit statewide, and the permit sector is remarkably diverse, from agricultural suppliers on the Eastern Shore to mills in the Allegheny Plateau of western Maryland. However, many facilities, such as auto salvage, scrap metal, and landfills, are densely concentrated in places like Baltimore and Prince George's County. Of all industrial stormwater permit ...

Looking for Inspiration Outside the Beltway? See What's Happening in Maryland.

by Matt Shudtz | April 10, 2017
Thank goodness for state-level policymakers who are resisting the Trump administration's extreme policies. Attorneys general from around the nation are making headlines by fighting Trump's discriminatory immigration ban. Governors from both major political parties stood up to the attempt to strip away health care from millions of hard-working Americans and their children. And mayors and law enforcement officials are lifting up undocumented residents and recognizing their many contributions to our society, rather than assisting in the indiscriminate roundups Trump has ...

Hidden Penalties and Secretive Settlements Make for Lousy Enforcement Policy

by Evan Isaacson | July 29, 2016
If a tree falls in a forest and no one hears it, does it make a sound? More to the point, if law enforcement issues a civil or criminal fine or sentence without anyone knowing, does it have an effect? Thinking back to my criminal law course, I recall such philosophical discussions over the various theories justifying criminal penalties, such as incapacitation of the perpetrator, justice for the victim, and restoration of damages. But perhaps the most important theoretical basis ...

Maryland's Pressing Stormwater Infrastructure Needs

by Evan Isaacson | January 13, 2016
The water crisis in Flint, Michigan, is a tragic reminder of the hidden costs of our nation’s failing infrastructure.  Whether through benign neglect or deliberate “starve the beast” cost-cutting measures, we are continually seeing the costly and sometimes terrible consequences of failing to meet our infrastructure financing needs.  The American Society of Civil Engineers gave the state of U.S. infrastructure a D+ grade in its most recent 2013 Report Card, which included a D for both drinking water and wastewater ...

Maryland Deregulatory Commission Targets Protective Bay Regulations

by Evan Isaacson | December 04, 2015
Politicians are famous for reneging on, or conveniently ignoring, campaign pledges and other promises.  In some cases, politicians put themselves in untenable positions, such as when they offer conflicting promises to different interest groups.  This is when it becomes easy to see what an elected official’s true priorities are.  Governor Hogan proclaimed that he would be “the best environmental governor that’s ever served.”  Of course, he also campaigned for “regulatory reform” in Maryland.  The Governor established a Regulatory Reform Commission ...

Maryland Submits Chesapeake Bay Cleanup Plan; Here's A First Look

by Yee Huang | December 03, 2010
Maryland submitted its final Phase I Watershed Implementation Plan for Chesapeake Bay restoration this afternoon. It's the strongest blueprint of any of the states, and if implemented and funded sufficiently would allow Maryland to achieve its needed share of pollutant reductions. Maryland has pledged to implement, by 2017, the pollutant controls necessary to achieve 70% of its needed reductions, and to an accelerated timeline by implementing all necessary pollutant controls by 2020. The plan has the most promise of any ...

Update on Maryland's CAFO NPDES Permitting Program

by Yee Huang | August 11, 2010
In June, I wrote about a settlement between EPA and environmental groups that requires EPA to publish guidance on the implementation of National Pollutant Discharge Elimination System (NPDES) permits for concentrated animal feeding operations (CAFOs) and to propose a rule to collect more information on these operations. In that post, I cited numbers from EPA showing that states in the Chesapeake Bay Watershed had many CAFOs without NPDES permits; for some of the states, not a single CAFO was permitted. ...

What Maryland Stakeholders Told Us About the State's Clean Water Act Enforcement Program

by Yee Huang | April 09, 2010
In preparing CPR’s recent white paper, Failing the Bay: Clean Water Act Enforcement in Maryland Falling Short, we conducted interviews with sixteen stakeholders across Maryland to assess MDE’s enforcement program as it operates on the ground. Collectively the stakeholders have decades of experience with enforcement at the federal, state, and local levels, as well as from environmental and industry perspectives. A full summary of the interviews can be found in the report, but a handful of surprising comments stood out. ...

New CPR Report Finds Maryland Failing to Enforce Clean Water Act

by Yee Huang | April 08, 2010
Today CPR releases a new report, Failing the Bay: Clean Water Act Enforcement in Maryland Falling Short. The report, which CPR Member Scholar Robert Glicksman and I co-authored, details the results of an investigation of the Clean Water Act (CWA) enforcement program at the Maryland Department of the Environment (MDE). CPR provided a copy of this report to MDE, and its response (and CPR’s follow-up) is included as an appendix to the report. Overall, we found that state of Maryland ...

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