Over 100 concerned citizens attended the Maryland Department of the Environment (MDE) hearing for the “tentative determination to reissue Lakeside’s permit” to discharge wastewater onto a spray irrigation field alongside Miles Creek. And due to concerns for the health of our Chesapeake Bay and its headwaters, dozens participated. That’s understandable. Talbot County has more shoreline than any other county in the United States (600 miles).
It is also understandable that this has been stressful for Trappe, and that in 2003 a Northern Virginia developer’s offer was welcomed with open arms. The town was millions of dollars in debt due to problems with its existing wastewater treatment plant (WWTP); and in exchange for building 2,501 homes and approximately 40 acres of commercial space, Rock’s Engineering Co. would chip in for the town’s municipal services and build a state-of-the-art wastewater treatment plant on site.
A referendum was held to annex over 800 acres for the development. It passed, and the the first 120 homes would be connected to Trappe’s existing WWTP until the new spray wastewater irrigation plant was completed. As Attorney Ryan Showalter described in an interview, “So applying it to agricultural lands recharges the groundwater and puts those nutrients in a farm field where they can be used by trees or crops rather than putting them into the Bay.”
This offer would understandably be welcomed, and the town of Trappe may have had no reason to doubt his advice; but this project has been contested for nearly 20 years, and there are reasons for that.
The County Council approved Resolution 281 (the current wastewater treatment plan) 4-1 in April, 2021. Talbot County Public Works had voted 5-0 against plans for the project. The Planning Commission voted 3-2 in favor, but reversed that decision in November.
The performance of Trappe’s current WWTP and the performance of spray wastewater irrigation in Maryland coupled with a lack of oversight have become concerns. And this is an exceptionally large development.
Our Comprehensive Plan finds Trappe’s WWTP “approaching 20 years of service and in need of upgrades to continue to serve the community:” Talbot’s Wye Mills spray wastewater system has failed; the Chesapeake Legal Alliance found only 25% of Maryland’s groundwater discharge systems in compliance when tested; the League of Conservation Voters finds MDE enforcement “chronically underfunded;” we have permit violations and a lawsuit concerning years of discharges at a poultry processing plant in Dorchester County; and following a spill, lack of oversight and enforcement statewide has been called out by Attorney General Brian Frosh.
It has also not been helpful to the cause of moving ahead that the 119-page report of the engineering and environmental consulting Antea Group, commissioned by the Chesapeake Bay Foundation, concluded that MDE is using an outdated planning method for spray wastewater irrigation systems, and that Lakeside’s spray irrigation is unlikely to yield reliable results. This may be a matter for future consideration, but it impacts current decisions.
That study has yet to be referenced in public meetings; but we might ask advice from neighboring states. According to the report, Virginia and Delaware are employing superior planning and administrative methods.
The County Council Working Session on January 7 consisted primarily of map clarifications and presentations from representatives of the developer, and the town of Trappe updated information concerning plans to upgrade Trappe’s WWTP and a possible timeline.
The January 15 Working Session again consisted primarily of procedural matters; but there was a complaint that we had heard from only one side on January 7 and a suggestion that we “do the right thing” was followed by a suggestion that there is “no 313 Amendment to consider.” President Callahan made a heroic effort to keep order, and Vice President Lesher reminded the Council and Planning Commission that PC approval is necessary to pass Resolution 313.
The February 22 Legislative Meeting agenda includes consideration of Resolution 308 (to rescind Resolution 281) and Resolution 313 to amend our Comprehensive Water and Sewer Plan to require Trappe’s WWTP to be upgraded to ENR before additional connections are made.
It has been suggested that there are problems with all WWTPs, so why wait? After all, plans are being made to upgrade Trappe’s plant to ENR within 3 years. But a project of this size? We understand the frustration, and the developer has decided to proceed knowing that there are ongoing concerns.
Working together at the local level is said to hold the most promise, and listening to one another is the place to start. We clearly recognize that Trappe has been stressed over these many years. I felt relief just writing about the developer’s rescue, but our Comprehensive Plan’s directive to protect the health and welfare of all our citizens must be a priority – and we have a path forward.
Stephen Harris, who raises cattle on a farm adjacent to the project and close to the headwaters of Miles Creek observed, “A very small group of people voted for this. When there’s overflow from the lagoon or leaching from the spray field, once it goes over the property line – which history says it will – it’s going to be on my property. It’s going to degrade my property and everybody’s property down below.”
That may or may not be accurate, but we were warned in 2009 that this project could take decades. It’s been hard on everyone; but let’s not make it even harder. There is a way forward. It would take a bit longer longer, but as Laura Price suggested, we should “do the right thing.”
Carol Voyles is a graphic designer/illustrator who retired to the Eastern Shore and became interested in politics. She serves as communications chair for the Talbot County Democratic Forum and lives in Easton.
.
Willard T Engelskirchen says
”
“Doing the right thing” would seem to imply a solution with proven technology which works all the time. Not something that is expected to fail some of the time.
Dan Watson says
Fine high level summary Carol. Thanks for the improved clarity, as info in some opinion pieces arguably has been too granular.
Two clarifications: First, the agenda for this coming Tuesday night meeting indeed lists R308, but at last week’s meeting the Planning Commission was specifically asked–including by Mr. Pack–to make a recommendation on R308 before the Council took it up. (Mr. Pack adamantly opposed the PC opining on R313 on procedural grounds, but said in that discussion, “as to R308, yes.” So it would seem Council action on that Resiution will be deferred.
Second, when the Planning Commission decided to reverse its 2020 decision last November, that was specifically related to connecting Lakeside to the existing inadequate Trappe sewerage plant; I believe it made no finding on other aspects of R281.
Calvin Yowell says
Good article. Please outline what should be done to make it “Right” and how to accomplish it.
Carol Voyles says
Thank you, Calvin. We’ll see what happens at the Legislative meeting Tuesday, and go from there!
Jay Corvan says
Doing the right thing should entail drilling down to the heart of the real problem, And That is that counties have very little to defend their strategic and comprehensive planning policy other than septic allocation.
This problem exists because Maryland incorporated towns ( via the municipal league) holds all the cards to Keep counties from being able to do the right thing and keep towns from literally destroying themselves , which trappe is headed in that direction.
Ultimately incorporated cities are allowed to gobble huge amounts of land and counties have little tools to oppose. That is why the fight in lakeside has been so obsessively sewage related. There are no other ways to oppose it once the development area is annexed. During the trappe annexation The developer never showed a plan to the town and created a blank slate. The town was completely and irreversibly deceived.
The main planning failure is on a state level. Failure to allow counties to recognize and to enforce their own planning policy other than septic allocation. This is a serious failure of a state charter issue that the attorney general should address. Counties should have at least as much power as towns to create policy and enforce it . Probably a lot more.
Unaddressed we will fight a million of the same fights and expend more effort to arrive at a very poor compromise solution. My opinion is that the best way forward is not best repaired by the county or city, But It’s the state. Pro-growth republican Administrations are not helping matters, they are helping themselves to reelection and personal wealth war chests. Growth has become an environmental catastrophe and the counties have their hands tied behind their backs.
To solve this internally the project should start over and go through a whole review procedure that is not deceptive and takes into account the county comprehensive guidelines and established policy. Then it will be truly fair and equitable.