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Mayor Scott directs DPW to block toxic wastewater from train derailment, council stands in support

Baltimore Mayor Brandon Scott found a solution that would keep water from the Norfolk Southern disaster out of the Back River Wastewater Treatment Facility in Dundalk.

The mayor says he has directed the Department of Public Works to modify discharge permits from Clean Harbors, the contractor processing toxic wastewater from the Ohio train derailment, so that the treated water cannot enter the city’s water system. “After legal review, the City’s Law Department has determined that the Department of Public Works has the authority to modify discharge permits in an effort to 'safeguard Publicly Owned Treatment Works (POTW) from interference, pass-through, or contamination of treatment by-products,’” Scott wrote in a statement Monday.

In a letter addressed to Clean Harbors Inc., also published Monday, DPW wrote that the “request to discharge the East Palestine pretreated wastewater into the Baltimore City wastewater collection system is denied.”

Clean Harbors, Inc. could not be immediately reached for comment.

The mayor urged Clean Harbors to consider their facilities across the country as better alternatives to treat the wastewater.

Leaders from around the state of Maryland have expressed emotions ranging from concern to fury. During a Monday night Baltimore City Council meeting, President Nick Mosby called the decision made by the train magnate and industrial contractor “unacceptable” and “yet another example of environmental injustice that has negatively impacted our cities for generations.”

The Back River facility has a very recently troubled history. The plant is currently under a consent decree with the state Department of the Environment and less than two weeks ago an explosion damaged a critical operation that workers are currently trying to restore.

“There have already been too many concerns about the quality of water in Baltimore. And now because we're essentially being forced to clean up everybody else's mess. We run the risk of further fanning the flames to fear around the water in our city,” said Mosby.

He called for an emergency meeting so that city leaders could discuss transparency about the plan and added further, “None of us want Baltimore to be a dumping ground for environmental hazards.”

Mosby was not alone in his concerns– the council unanimously passed a resolution, introduced by Councilmember Zeke Cohen of District One, asking the Environmental Protection Agency to reverse the decision to send the toxic water to Baltimore City. It is ultimately symbolic, the Council doesn’t have the authority to direct any action on the EPA or Norfolk Southern but it does send a unified message of disapproval from all factions of city leadership.

“While we may not be able to stop Norfolk Southern from sending it to the clean harbor facility, I appreciate the attempt to keep it out of our waterways until we have more transparency and oversight if the plan goes through,” said Councilmember Cohen after thanking the mayor for taking a stance against the decision.

Baltimore County Councilman Todd Crandell, a Republican who represents the area that includes the Back River plant, said he and his constituents don't believe the facility can handle the water from East Palestine.

"There is a lack of trust in that facility's ability and it takes trust, it takes time, to earn that trust back and its simply not there right now," Crandell said.

In his announcement, Mayor Scott wrote, “I extend my deepest sympathy to the East Palestine, Ohio community as they grapple with the effects of this devastating derailment on their community, but I must remain steadfast in my commitment to protect our residents – at all costs."

Emily is a general assignment news reporter for WYPR.
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