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South Baltimore medical incinerator facility to pay $1M in penalties for environmental crimes

The Curtis Bay Energy company accepted a plea deal in August to pay $1 million in penalties to the Maryland Clean Water Fund for 40 counts of violation in its refuse disposal permit; the company plead guilty to failing to properly dispose medical waste, including sharp needles and other biohazards, failing to provide adequate personnel and equipment and failing to prevent leakage during transport. They were also found guilty of concealing an unpermitted discharge outlet. Photo by Emily Hofstaedter/WYPR.
Emily Hofstaedter
/
WYPR
The Curtis Bay Energy company accepted a plea deal in August to pay $1 million in penalties to the Maryland Clean Water Fund for 40 counts of violation in its refuse disposal permit.

They tried to mislead environmental regulators. They allowed human medical waste to fall on to the sides of public roadways. They did not completely burn medical needles before sending them to regular landfills.

These were some of the findings made during a three-year investigation by the Attorney General’s office into Curtis Bay Energy, LP, the country’s largest medical waste incinerator facility. The Curtis Bay Energy company accepted a plea deal in August to pay $1 million in penalties to the Maryland Clean Water Fund for 40 counts of violation in its refuse disposal permit; the company plead guilty to failing to properly dispose medical waste, including sharp needles and other biohazards, failing to provide adequate personnel and equipment and failing to prevent leakage during transport. They were also found guilty of concealing an unpermitted discharge outlet.

In addition to the million dollar fine, the company must pay $750,000 for community environmental projects that will be administered through the Chesapeake Bay Trust.

On Tuesday, Attorney General Anthony Brown said it is one of the largest penalties ever enacted by the state for environmental crimes.

“This was a case of burn more waste and make more money no matter the consequences, with absolutely no regard for the community," said Brown in a written statement. "Our investigation documented a pattern and practice of willful disregard for Curtis Bay Energy’s own procedures. The sustained and persistent improper treatment of special medical waste by the facility’s previous owners created a clear and obvious threat to public health."

The investigation began in 2019 after its Environmental Crimes unit received a tip about the facility. In 2021, Curtis Bay Energy underwent new ownership. The investigation found a litany of environmental violations which they allege were conducted with the knowledge of plant management.

As a medical waste incinerator, the facility is supposed to take waste like sharp needles and biohazard bags, which can contain blood or other potentially infectious materials, and burn them to ash completely. According to the state’s investigation, there were many situations where that did not happen.

“They often loaded this dangerous, uncooked medical waste and unlawfully transported along state roads and federal highways to landfills in Virginia. Often the raw medical waste was leaked from the trucks and was contaminating our communities along the way,” said Brown. According to the plea, in one case, as investigators followed a transport truck they observed “leaked fluid” going onto the road and at one point materials from the truck “covered the agents’ cars and windshield with an unknown substance.”

Investigators found that the previous owners of Curtis Bay Energy were overloading the incinerators to process more waste faster, resulting in partially processed wastes. “Curtis Bay Energy records from 2019 indicated that the waste into the plant was up by 10 million pounds over the prior year, while labor costs declined significantly,” said Katie Dorian, chief of the AG’s Criminal Division.

According to the plea, there have been no “known, unaddressed significant violations” since March of 2020.

“Curtis Bay Energy has fully cooperated with the state of Maryland’s investigation into past violations committed by employees under prior ownership and management of the company. Since acquiring the company, new ownership and facility management have significantly increased investments in plant equipment, personnel, process improvements and training. Curtis Bay Energy remains committed to increasing its investment for preventative maintenance and workforce training and to honor its place in the community and region,” said Kelly Love, a spokesperson for Curtis Bay Energy.

Officials from the Maryland Department of Environment said they have been, and will continue, to do regular announced and unannounced inspections of the facility. The site now operates as Curtis Bay Medical Waste Services.

Correction: An earlier version of this article stated that the $750,000 for community environmental projects would be administered through the Chesapeake Bay Foundation. They will be administered through the Chesapeake Bay Trust.

Emily is a general assignment news reporter for WYPR.
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