MDE Lets PG County of the Hook in Stormwater Pollution

MDE, Dept. of the Environment announces stormwater enforcement settlement with Prince George’s County

BALTIMORE (June 1, 2021) – The Maryland Department of the Environment announced an agreement with Prince George’s County to resolve violations of the county’s municipal stormwater permit.

The agreement, outlined in a consent decree filed in Prince George’s County Circuit Court, imposes a $475,000 penalty for the failure to complete all of the stormwater runoff reduction work required by the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit issued by MDE to the county in 2014. The penalty can be satisfied through the construction of one or more MDE-approved supplemental environmental projects by December 31, 2024.

The consent decree also requires timely completion of stormwater work still remaining under the 2014 MS4 permit. The settlement calls for additional penalties for failure to meet progress milestones.

“This enforcement action reflects the state’s priority on preventing stormwater pollution and growing green infrastructure for clean water and climate resilience throughout the Chesapeake Bay,” said Maryland Environment Secretary Ben Grumbles. “We appreciate Prince George’s County for stepping up to improve environmental performance under its permit and agreeing to an enforcement decree, including penalties, schedules, and supplemental environmental projects.”

Under the MS4 permit, Prince George’s County was required to implement stormwater treatment practices on 20% of its untreated impervious surface area – totaling 6,105 acres – by the end of the five-year permit term. MDE’s approved restoration total for the county is 2,387 acres, resulting in a deficit of 3,718 impervious acres that have not been restored as required, the consent decree states.

So they've been in violation for at least 5 years? How much are typical fines under NPDES? From EPA, 2012 NPDES General Permit for Stormwater Discharges

The CWA provides that any person who knowingly violates permit conditions implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act is subject to a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than 3 years, or both.

Five years at a minimum of $5,000 per day? That's a lot of money, far more than $450,000 (I could do the math, but why bother?).