WASHINGTON – The Potomac Riverkeeper Network filed suit against the Town of La Plata on November 24 in federal court, alleging repeated violations of the Clean Water Act at the town’s wastewater treatment plant that have discharged sewage and pollutants into Port Tobacco Creek, a tributary of the Potomac River.
The citizen enforcement action follows a 60-day notice of intent to sue that the nonprofit sent the town and the State of Maryland in July. The complaint accuses La Plata of exceeding limits for fecal coliform, copper, nitrogen and other pollutants in its National Pollutant Discharge Elimination System permit.
Potomac Riverkeeper Network President Betsy Nicholas said the organization first notified La Plata of permit violations ten years ago. She expressed disappointment that recent overflows and discharges continued despite earlier town efforts to address the problems.
“We had hoped that the Town would, after its earlier efforts, succeed in preventing future violations and sewage spills,” Nicholas said. “Unfortunately, these most recent violations demonstrate that continued work and oversight are necessary to stop ongoing pollution violations and sewage overflows and to assure future compliance with the Clean Water Act.”
The lawsuit comes two months after the Maryland Department of the Environment filed its own enforcement action against La Plata in Charles County Circuit Court on September 25. Potomac Riverkeeper Network has moved to intervene in the state case and filed a separate complaint in intervention in federal court.
Potomac Riverkeeper Dean Naujoks, who conducted field sampling downstream of the plant, said elevated fecal coliform levels signal possible fecal contamination that can carry pathogens. High copper discharges can be toxic to aquatic life, while excess nitrogen fuels algal blooms that deplete oxygen and, in some cases, produce toxins.
“These discharges of fecal coliform, copper, and nitrogen are harmful pollutants posing significant risks to both the environment and human health when present in elevated concentrations in surface waters,” Naujoks said.
Port Tobacco Creek flows through central Charles County before entering the Port Tobacco River and eventually the Potomac River near the Charles County–Prince George’s County line. The creek is used for fishing, kayaking and other recreation by residents in La Plata and surrounding communities.
Under the Clean Water Act, any person or organization may file suit against an alleged violator after providing 60 days’ notice to the alleged violator, the state and the U.S. Environmental Protection Agency. Citizens may seek court orders to halt violations and may request civil penalties of up to $66,712 per day per violation.
La Plata, the Charles County seat with a population of approximately 10,000, has grown steadily in recent years and is planning additional residential and commercial development. Town officials have previously acknowledged aging infrastructure at the wastewater treatment plant on Radio Station Road and have pursued state and federal funding for upgrades.
The federal case was filed in the U.S. District Court for the District of Maryland in Greenbelt. Potomac Riverkeeper Network is represented by attorneys from the University of Maryland Environmental Law Clinic and private counsel.
The Maryland Department of the Environment’s September complaint in state court seeks penalties and an order requiring the town to achieve full compliance. The state agency documented multiple sanitary sewer overflows and permit exceedances dating back several years.
Charles County residents downstream of the plant have reported foul odors and discolored water during heavy rain events when the treatment system is overwhelmed. The county health department has at times posted advisories against swimming or wading in affected sections of Port Tobacco Creek following overflows.
Potomac Riverkeeper Network emphasized willingness to work with the town and state on long-term solutions while pursuing the enforcement action.
“We look forward to working together with both the State of Maryland and La Plata to chart a path of compliance for clean water, especially as the Town seeks to continue its growth,” Nicholas said.