Raising a Stink: City Paper’s discovery of a recent sewer-leak spike along Greenspring Avenue highlights pollution’s persistence

By Van Smith

Published by City Paper, May 7, 2014

Raw sewage, which is supposed to be carried to treatment plants via underground pipes, overflowed 16 times since last summer along a five-block stretch of Greenspring Avenue between Cold Spring Lane and Northern Parkway in Baltimore, according to the city’s reporting of such incidents. In all, these overflows spewed at least 12,000 gallons of nutrient-laden effluent, to make its way through storm drains and streams downhill into the nearby Jones Falls, the Baltimore Harbor, and ultimately, the Chesapeake Bay, where it contributes to algal blooms and fish kills.

While this is a regular occurrence citywide – in March, the city reported 68 such overflows, leaking an estimated 10,000 gallons of sewage – until recently it hasn’t been along this stretch of Greenspring Avenue, where there had been only seven reported overflows between 2005 and 2012.

Surely, community leaders in the area would have noticed the sudden sewage surge. After all, since 2002 the city has been working diligently under the terms of a court-mandated consent decree resolving a Clean Water Act lawsuit brought against it by the U.S. Environmental Protection Agency (EPA) and the Maryland Department of the Environment (MDE) to plug up its chronically leaky sewer system – a $900 million project which has spurred repeated hikes and water-and-sewer rates.

Turns out, though, they hadn’t.

City Councilwoman Sharon Green Middleton (D-6th District), who lives in the affected neighborhood, said in an April 23 phone interview that “there has not been a complaint from my association” about sewage leaks, and notes that sewage leaks “are never the conversation of the meetings of the community associations” in the area.

“I checked to see if there have been any constituent complaints to my office about this from these neighborhoods,” she adds, “and there have been none whatsoever since I’ve been in office.”

The same day, in response to City Paper‘s inquiries about sewage leaks in the area, Chikwe Njoku, president of Coldspring Community Association, wrote in an email that “I am not aware of any issues as it relates to sewage overflowing along Greenspring Ave.,” adding that while he understands “the Jones Falls often does receive sewage,” it “doesn’t have any direct impact on the neighborhood since homes are well away from it.”

The next morning, while awaiting a response about the matter from Blue Water Baltimore (BWB), the city’s main water-quality advocacy group, a City Paper reporter hoofed around in the woods northeast of the intersection at Greenspring Avenue and Cold Spring Lane, flushing out deer and ducking briars in an effort to find evidence of sewage contamination.

Rather than what was expected – a chronic sewer leak in these woods, dubbed in 2008 by the Jones Falls Watershed Association (since subsumed by BWB) as one of the city’s “Filthy Five,” responsible for releasing an estimated 21,600 gallons of raw sewage each day – we found something else: the unmistakable stench of sewage where a storm-drain outlet empties into a stream, turning its water opaque and gray.

After taking photographs, the reporter discovered that the easiest access to this sewage-contaminated storm-drain outfall is through a broken fence from the playgrounds of KIPP Harmony Academy, a public-charter elementary school, though it also can be reached from the athletic fields of the nearby Waldorf School. There were no signs announcing that the stream may be fouled by sewage, which contains bacteria, parasites, and viruses that can cause a variety of illnesses.

Back at City Paper‘s office, BWB’s emailed response was waiting: “We were not aware of the recent uptick in sewer overflows in this section of the Jones Falls,” wrote David Flores, BWB’s Baltimore Harbor Waterkeeper.

“We had been monitoring a sewage-contaminated storm-water outfall located at the intersection of Greenspring Avenue and Cold Spring Lane for several years,” Flores continued, adding that the city’s Department of Public Works (DPW) “has since reported that the sewage leak at that location has been located and fixed.” Back in February 2012, Flores explained, BWB “investigated and reported [a sewer overflow] along Greenspring Avenue,” but the group “has since neither encountered nor received any citizen reports of sewer overflows at this location.”

Once City Paper emailed its photographs of apparently sewage-contaminated water coming out of the storm drain to foul the stream below KIPP Harmony Academy, BWB and DPW kicked into action, with each sending staff to investigate the matter.

While awaiting the results, BWB’s executive director, Halle Van der Gaag, commented that “this looks like a pretty big deal and I will be very interested in seeing it corrected and understand what has happened.”

Within hours, BWB’s water-quality manager, Alice Volpitta, had sampled the water, found it to have elevated indicators of sewage, and noted that “sewage fungus” was growing “in the culvert where the sewage is flowing.” The fungus, she explained, “is a collection of the bacterial cells found in the contaminated water, and it takes time for the ‘structure’ of the sewage fungus to form,” so its presence “is an indication that the problem has been on-going.”

First thing in the morning on April 25, DPW’s Joan White, a pollution-control analyst supervisor, emailed City Paper to explain that “my team found a choked sanitary line at 2917 Thorndale Ave. causing sewage to infiltrate the storm-drain behind KIPP Academy yesterday afternoon,” adding that the problem had been fixed.

Meanwhile, City Paper also asked EPA and MDE – the overseers of the consent decree under which Baltimore’s sewer system is being upgraded – to comment on the situation.

MDE spokesperson Jay Apperson explained that “although MDE is responsible for ensuring that the city remains in compliance with the consent decree, it is not our role to explain details of the sewer assessments, nor can we speculate on whether the root cause of overflows in a particular area has been determined.”

EPA spokesperson David Sternberg said that until Baltimore completes its sewer-system “rehabilitation projects to eliminate overflows, EPA will continue to assess penalties for such unpermitted discharges from the sanitary sewer system.”

While penalties for the 16 overflows in 2013 and 2014 along this stretch of Greenspring Avenue have yet to be assessed, earlier overflows in the area-most occurring in the early 2000s, when big overflows were prevalent-have prompted a total of $11,500 in penalties.

On April 30, City Paper brought Flores along to DPW’s offices to meet with two spokesmen – Kurt Kocher and Jeffrey Raymond – and Wazir Qadri, the department’s wastewater engineering division chief, to talk about the sewage issues along the five-block stretch of Greenspring Avenue and the contaminated outfall City Paper had photographed.

The conversation lasted an hour, and it’s not clear what prompted the sudden increase in sewage overflows since last summer – though Wazir noted “a lot of tree canopy in that area, so a lot of roots” underground could damage sewer pipes. Many of the 16 overflows, Wazir observed, occurred at Greenspring Avenue and Dupont Avenue, right in front of KIPP, and that was due to a faulty house connection on private property, which the owner eventually completed.

As for the stream being contaminated by sewage flowing out of the storm-drain system, Kocher said the overflow was not only coming from a house a half-mile uphill on Thorndale Avenue, as White had learned, but also from Pimlico Elementary/Middle School, which “had a break in their line, and the sewage was being pumped through a sump pump into the storm-drain system.”

Warning signs about the stream’s pollution problems, Kocher added, were soon to be installed, even before City Paper discovered the problem.

Qadri explained the big picture.

The city’s sewer system involves “approximately 1,300 to 1,400 miles” of pipes and “you cannot fix everything. It is going to be exorbitant to fix that. So even when we do all of the work [under the consent decree], we will still be rehabbing like 30 to 40 percent of the system.” Moving forward, he added,” we are going to be doing programs with TV inspection” – sending cameras up sewage pipes, to assess their condition – “every five to ten years so we can keep looking at the system, and how the system is doing, and then continue to improve on it, reduce our overflows” – a strategy that Flores sums up as “proactive asset management.”

The end result, says Flores, should be improved water quality in the harbor.

“As someone who has been conducting bacteria monitoring on the harbor since 2008,” he explains, “what we would hope to see after the consent-decree work is finished is lower levels of fecal coliform bacteria following wet weather.”

“This is going to be so much better,” Kocher says, once the consent-decree work and other pollution-abatement projects the city has been undertaking start to take hold. “These things don’t happen overnight,” he explains, “but these steps that we are taking-and have been taking, and are accelerating-really, they are going to pay off.”

In the meantime, community involvement in sewage-pollution awareness can also help find and stop more leaks more quickly. “If you see something, say something,” says Kocher, encouraging folks to call 311 if they see or smell a sewage-fouled stream or storm drain. For those interested in organized involvement, BWB’s Adopt-A-Stream and Outfall Screening Blitz programs offer a way for people to get trained in pollution detection and reporting work so that “we can use the force of our volunteer citizens to supplement the efforts of the city to find more illicit-discharge contamination more often,” says Flores.

On an everday basis, though, Raymond has advice for everyone who uses toilets – “poop, pee, and toilet paper only, no flushable wipes” – and sinks – “no grease, no fats.” What’s been happening along Greenspring Avenue since last summer illustrates his point: Of the 16 overflows, six were attributed to blockages caused by grease and rags. Doing as Raymond suggests could be the simplest way for anyone to help improve Baltimore’s water quality.

CannaBuzz: Maryland driving-and-toking bill gets vigorous nod from prosecutors

By Van Smith

Baltimore, March 1, 2019

“How could it be that it’s okay to have a bong in your car, and smoking it, but you’re not able to have an open container of alcohol?” Steve Kroll, speaking on behalf of the Maryland State’s Attorney’s Association (MSAA), on Feb. 26 asked of the Maryland senators he hopes will vote to close a driving-with-weed loophole that has become an incongruence in the age of decriminalization.

In the real world, if police observed someone doing bong hits in a car, it’d be a good bet that charges would result. But the prosecutor’s point remains: “Our goal is … safe driving,” Kroll explained to the Senate Judicial Proceedings Committee (JPC), adding, “this is a driving bill more than it is a marijuana bill.”

It would accomplish that by, in essence, adding cannabis to the existing open-container law that currently pertains only to alcohol, as FSC reported in prior coverage. Someone caught using cannibis in the passenger area of a vehicle, moving or not on a highway, would be subject to a $500 misdemeanor crime and a point on their driving record, or three points should the violation involve an accident, if Senate Bill 418 becomes law.

“All this does is put marijuana on the same footing as Bud Light in terms of having it in your car,” Senator sponsor Robert Cassilly (R-District 34) of Harford County told his colleagues during his testimony.

“It’s important,” Cassilly added, “as marijuana use becomes more prevalent and because we’ve decriminalized the use of marijuana, that we send the appropriate message.” In this case, he continued, the message is directed “to particularly the young drivers: that marijuana is not an appropriate substitute for the Budweiser that you’d like to drink in your car, that you can’t just simply drop off one kind of bud for another.”

JPC vice chair William Smith Jr. (D-District 20, Montgomery County) asked about how the bill would address “edibles,” the broad range of cannabis products that produce no second-hand smoke because they are eaten, not combusted.

“Edibles would not apply to passengers, only to drivers” explained MSAA’s David Daggett, adding that “primarily we’re concerned with the passenger smoking and the driver smoking” because cannabis smoke can affect others in a vehicle’s passenger area.

If opposition to the bill exists, no one rose to voice it during the Feb. 26 hearing. Testimony on its Democrat-sponsored companion bill, House Bill 350, was taken by the Judiciary Committee on Feb. 19.

 

CannaBuzz: Maryland cannabis patients’ gun-rights bill draws no opposition

By Van Smith

Baltimore, Feb. 28, 2019

Many Marylanders considering certification as medical cannabis patients balk once they learn they would sacrifice firearms rights as a result, according to Maryland Senate testimony on Tuesday by Robert Davis, an Eastern Shore pharmacist and dispensary clinical director.

“It is keeping away at least 20 to 30 percent of potential certified patients from joining the system,” Davis told the Judicial Proceedings Committee (JPC). “People are scared to lose their guns, to have someone knocking at their door,” Davis continued, so they “are still utilizing the black market” to obtain cannabis.

A bipartisan bill would cure this conundrum, assuring that, if passed into the law, cannabis certification could no longer be a disqualification for licensed gun ownership. Republican state Sen. Michael Hough (District 4, Carroll and Frederick counties), who is joined by JPC chair Bobby Zirkin (D-District 11, Baltimore County) in sponsoring Senate Bill 97, told the committee the measure would “change Maryland’s laws to reflect the simple truth that medicine that people are prescribed should not be used to discriminate them from practicing their Second Amendment rights.”

If opposition to the bill exists, no one at the hearing rose to testify against it.

Eric Stamper, who described himself as a Maryland medical-cannabis patient with 23 years in the U.S. Navy under his belt, told the committee that “the government has spent a lot of money to train me” in weaponry, and yet “I’ve lost my Second Amendment rights.”

Olivia Naugle, legislative coordinator for pro-legalization Marijuana Policy Project, told the committee that patients “should not have to choose between their civil right and their human right to treat their pain or illness.” She also seconded a point that Hough had made – that use of prescribed drugs more dangerous than cannabis, such as opioids, does not disqualify a patient’s firearm licensing, so neither should medical cannabis.

More enigmatic testimony came from Max Davidson, executive director of the Maryland Patient Rights Association, a medical-cannabis advocacy group. He seemed to be suggesting that, had he not been disqualified from gun ownership due to his cannabis card, he would’ve found a handgun useful for self defense in Baltimore City on two occasions.

“I’ve been a victim of violent crime in Baltimore City. Not a surprise, that happens a lot in Baltimore City,” Davidson explained to the committee. “But I can’t get a gun to defend myself.”

Here’s how Davidson described the first instance: “I was a victim of violent crime and the police tried to arrest me simply for the fact that I had a marijuana lapel pin. They were little kids that tried to rob me. Didn’t care that they assaulted me, let them go.” But, “due to the law, I can’t get a gun to defend myself.”

The second incident he described as follows: “I’ve also been almost a victim of violent crime at the dispensary I was working at. I had a person who had a hit list come in and start trouble and kept coming back and wanting to cause harm on me. Could not defend myself. If it wasn’t for the armed security at the dispensary, I might not be here to testify today.”

In either case, the scenarios raise the question of how brandishing or discharging a firearm in self defense would have brought them to safer conclusions. Perhaps Davidson is the exception that proves the rule on the guns-and-weed policy question.

The Kid and the Committee: An apt primer

By Van Smith

Baltimore, Feb. 27, 2019

Our nine year old yesterday delivered two minutes of testimony before the Maryland House of Delegates Appropriations Committee. I, of course, barely held back tears. You can see why here, at 22:25. The packed room erupted in applause when she was done. As a used-to-be reporter who’s attended lots of legislative committee hearings, I assure you that is unusual.

Testifying on behalf of her school was her idea. She didn’t know at the outset that she’d be the one doing it, much less that she’d end up on the governor’s panel, presenting along with Larry Hogan’s senior aide, Keiffer Mitchell Jr. As she read aloud to the committee, including its chair, state Del. Maggie McIntosh of Baltimore City, I recalled that some of the best words she’d written herself. As pride welled up, somehow I kept myself from openly weeping when the two minutes ended.

IMG-7027

(The testimony, as seen by Appropriations Committee member Brooke Lierman, who snapped this photo on her phone and sent it to me.)

I commit this here to posterity because I want to get to it handily as the years go by. Unless I’m wrong, the issue she stepped up for yesterday – asking for state money to cover facilities costs that public charter schools, like hers, currently pay for with privately raised funds that could be used instead for instruction – is but her first. It strikes me that organizing for fair public school funding while you’re still a student is an apt primer for facing the many changes awaiting her generation. 

CannaBuzz: Maryland Senate to air a big chunk of med-pot agenda today

By Van Smith

Baltimore, Feb. 26, 2019

The press has dubbed today “medical marijuana day” in Maryland, due to the high number of bills receiving hearings before the Senate Judicial Proceedings Committee starting at 1pm in Annapolis. The committee’s chair, Baltimore County Democrat Bobby Zirkin (11th District), has been instrumental in the creation of the state’s still-young medical cannabis industry, which is in the midst of a growth spurt that’s anticipated to reach $440 million by 2024. Not surprisingly, as FSC has reported, Zirkin’s political campaign committee trails only those of House Speaker Mike Bush (D), Gov. Larry Hogan (R), Senate President Thomas V. “Mike” Miller (D) in the amount of money contributed by med-pot businesses.

FSC previously covered several of the bill’s that will be considered today:

Three Western Maryland Republicans  – state Sen. Andrew Serafini (District 2) and state Dels. William Wivell (District 2A) and Mike McKay (District 1C) – want to assure that possession of weed, medical or not, stays illegal in correctional settings, including for offenders still on probation.

Zirkin and Republican state Sen. Michael Hough (District 4, Frederick and Carroll counties) would like to see gun owners in the state’s medical-cannabis program be protected from being deprived of their firearms rights.

Harford County Republican state Sen. Robert Cassilly (District 34) joins four House Democrats – Prince George’s County state Dels. Geraldine Valentino-Smith (District 23A), Baltimore City state Del. Curt Anderson (District 43), Howard County state Del. Vanessa Atterbeary (District 13), and Calvert and Prince George’s counties state Del. Michael Jackson (District 27B) – in seeking to make punishment for being caught smoking cannabis in a vehicle on the highway the same as it is for an open container of alcohol.

Baltimore County Republican state Sen. Chris West (District 42) wants to allow investors to back as many as six medical-cannabis licenses – up from what was previously understood to be one, until pot investors’ lawyers muddied up the water on this point of law once the cat was already out of the bag.

An ethics bill that would put a full year between the date of leaving an agency post at the Maryland Medical Marijuana Commission (MCC) and new employment with an MCC-licensed grower, processor, or dispenary enjoys potent support.

A tax-and-regulate bill for fully legalized cannabis is being considered, sponsored entirely by Democrats, though the route to legalization – via straight-up legislative passage, or a bill that would put the matter to voters – has been tabled to a study group that will look at the question and report back in December.

The House version of Zirkin’s bill to allow med-pot dispensaries to serve THC- and CBD-laced food to certified patients and caregivers, sponsored by Baltimore City state Del. Cheryl Glenn (D-District 45), has had its committee hearing cancelled, so it looks like the Senate version is the one carrying the ball this session.

Zirkin’s bill seeking to give opioid sufferers access to legal weed, which Glenn has introduced in the House, is part of a larger effort to fit medical cannabis into society’s addiction-management rubric.

FSC has yet to delve into the remaining 11 bills being heard today, but, in time, they too will get the attention they deserve. With luck, FSC will be able to attend some of today’s hearings and report back later.

A Phrase to Remember: “Deuterium Depleted”

By Van Smith

Berkeley Springs, WV, Feb. 22, 2019

Kenneth Guoin (pictured today at the 29th Berkeley Springs International Water Tasting) is the founder of a California company, Ophora Water Technologies, that he says sells water for $20 per half-gallon bottle.

“Our water is expensive,” Guoin says, “and our systems are expensive” – especially the ones Ophora installs in celebrities’ homes along the California coast, which treat all the water entering the households, not just the drinking water. Remember: California water is extraordinarily disgusting, typically containing a 22-page EPA-compiled list of toxins.

“If you know what’s in the water,” Guoin remarks, “you can remove it.”

Ophora makes highly functional water via reverse osmosis and other processes that make it highly oxygenated, ionized, hydrogen rich, and, to the extent possible, depleted of deuterium, a hydrogen isotope that produces “heavy water” that humans are advised to avoid.

Guoin says “the Russians are getting really good” at depleting deuterium from water – as far down as 25 parts per million from the standard 155 parts per million.

If the Russians have a competitive advantage, the rest of us should probably take note. Expect “deuterium depleted” to start showing up on bottled-water labels and advertising anon.

CannaPress: Ericson finds how reality can muck up Baltimore prosecutors’ effort to cure pot prohibition’s errors

By Van Smith

Baltimore, Feb. 21, 2019

Courthouse News Service‘s Edward Ericson Jr. has discovered what wasn’t immediately apparent about the Baltimore City State’s Attorney’s Office’s move, announced with fanfare in January, to strike thousands of past pot-possession convictions the office previously had fought for: that the effort will be complicated, thanks to the realities of Baltimore crime.

Ericson looked in detail at 10 percent of the 1,050 Circuit Court cases the Baltimore prosecutors aim to reverse, and found nearly half had “a least one conviction for a violent crime either prior or subsequent to pleading guilty to pot possession.”

That many pot-possession defendants also faced other charges is no surprise: when cops make arrests for guns or assault or drug-dealing, they’ll often throw into the mix  whatever charges the evidence lets them, such as, say, having a little weed in addition to crack and a gun. Such facts add particularized nuances to the process of reversing each individual pot-possession conviction, as lawyers and judges will need to hash out how the charge fits into the larger picture, with possible repercussions at sentencing or for probation violations.

Full disclosure: Ericson is a former longtime colleague of mine.