Carol Voyles - Cambridge Spy

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.

It has been 20 years now since a Northern Virginia developer first proposed building 2,501 homes accompanied by approximately 40 acres of commercial space in Trappe. A vote on Resolution 308 could determine how this project might proceed.

To recap on Lakeside, Trappe was stressed financially in 2002, and Rocks Engineering Co. promised to chip in for the town’s municipal services if the Town would annex his property and approve development. This included hiring a police officer and contributing $250,000 to the town’s Volunteer Fire Department. Rocks also agreed to build a state-of-the-art wastewater treatment plant.

A referendum to annex 924 acres was passed in 2003; but a development that would quintuple Trappe’s population caused concerns, of course, as did the plan to initially connect up to 120 homes to an already underperforming wastewater treatment plant and spray irrigate 87 acres alongside Miles Creek with over 150,000 gallons of treated wastewater daily.

Councilmember Pete Lesher

Resolution 281, which provided the Comprehensive Water and Sewer Plan amendment needed for the construction of Lakeside, was approved 4-1 by the Talbot County Council on August 11, 2020. But there was no mention of the County’s role in this process. Having discovered new worrisome information and hoping to “provide the County with some leverage to negotiate with this developer,” County Council Vice President Pete Lesher introduced Resolution 308 to rescind Resolution 281.

Councilmember Frank Divilio

In October, the Maryland Department of the Environment held a public hearing regarding a permit for the proposed new plant attended by over 100 concerned citizens, and by December Talbot County resident Dan Watson was finally granted an opportunity to present the data he had collected over the past decade.

One benefit of all of this is the opportunity to acquire a nodding acquaintance with Maryland environmental law. Section 9-503 of the Environmental Article of the Annotated Code of Maryland requires the Maryland Department of the Environment to issue and enforce permits according to regulatory standards; and Section 9-505 requires the county to be responsible for the oversight, planning, financing, and construction of sewerage systems. And the public “shall be heard.”

Council President Chuck Callahan

County Council President Callahan had recently shared this positive message: “I want citizens to know that as we move forward with several projects related to growth in our county in the coming year, my dedication is to preserve the character, natural beauty, and quality of life we have all grown to cherish here.”

With that in mind, the Council began an almost four hour discussion of the project.

First up: Resolution 308 to rescind Resolution 281 in order to amend and update the plan for Lakeside. Council Vice President Lesher suggested deferring this vote until the Planning Commission had offered their opinion. A heated discussion ensued.

“What does the Planning Commission need to address?” asked Councilman Divilio. The Planning Commission no longer supports Resolution 281, and over 3700 comments had been received since the October hearing. A heated discussion ensued.

Councilmember Laura Price

After debating issues of standards, compliance, authority, regulations, recommendations, clarifications and allegations, Councilwoman Price warned, “The Attorney General is going to side with the Planning Commission.” And, “Of all the issues we have voted upon, this is the most important.”

The heated discussion continued, but we might conclude that Councilmen Divilio and Pack were pretty much against further consideration, while Councilwoman Price and Council President Callahan leaned in the opposite direction. (Leaning was heavy, but an undercurrent of civility was maintained. The January 25 meeting can be viewed in its entirety here.

President Callahan then asked, “Do we want what’s best for Trappe? Do we want a healthy environment?”

Vice President Lesher moved the issue forward by proposing a Blue Amendment to Resolution 313. This amendment would require that any new additions to existing wastewater treatment would be subject to the existing plant being upgraded to be consistent with current standards. He also pointed out that this essentially reflected Planning Commission language and reiterated that any new connection would first require upgrade to ENR (state ranking) standards.

Councilwoman Price added that Resolution 313 should go to the Planning Commission next, but that meeting would not take place until March.

Council President Callahan suggested, “We’ll hopefully get more information in the next couple of weeks.”

Councilmember Corey Pack

Mr. Schmidt, a member of Trappe’s Town Council and Planning Commission, was then invited to speak. He insisted that Trappe’s plant is “not failing,” but “operating to its peak ability.” Rebuilt in 2008, it’s “upgrade is just short of ENR.” (“Enhanced Nutrient Removal”- which is the highest standard. But it seems that existing facilities must meet only the requirements enforced when installed.)

Alan Girard of the Chesapeake Bay Foundation stated simply and clearly that the Trappe plant “needs to be upgraded” and “in line with expectations for ENR (higher ranking) treatment before connections are made.

Ryan Showalter, Attorney for Trappe East Business Holdings Trust, also waited hours to speak. He suggested that the Trappe plant “has capacity,” and that their “commitment in the long term is to meet requirements.” He reminded us that they had also “made commitments based upon approval of Resolution 281,” and Trappe’s plant is “in compliance with its permit.”

The meeting adjourned at 11:18 PM. No date has been set for the Council work session on Lakeside as of this report.

Selected Highlights

Lakeside: We can Fix This, Right? By Carol Voyles

Analysis: Talbot Council has Heated Discussion on Lakeside’s Future; but no Vote Taken

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