Storm water runoff from Annapolis
Town Center construction.............. |
ends up in Church Creek |
South RIVERKEEPER® Drew Koslow pulls a water qualitymeasuring device from the headwaters of Church Creek in this Capital file photo. The device recorded sediment running off from the Annapolis Towne Centre at Parole,the subject of a lawsuit settled in March 2008.
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SOUTH RIVER RUNOFF SUIT SETTLED
Support from our membership has allowed us to successfully settle a major law suit against a developer accused of discharging construction site sediment runoff into the South River. This suit is the first of its kind in Maryland under the Federal Clean Water Act. We have established a precedent that will make it easier to enforce sediment controls in the future. This victory also sends an important message that citizens in Anne Arundel County expect strong enforcement of construction and storm water regulations to protect the health of our waterways.
As seen in the March 27, 2008 article in The Capital, the South River Federation and Chesapeake Bay Foundation (CBF) have reached a settlement with Annapolis Town Center (ATC) on a suit filed in federal court alleging that stormwater runoff from construction of the Parole development impacted local waterways, and specifically Church Creek and the South River.
Under the terms of the $120,000 settlement, the developer agreed to pay $45,000 to support stream restoration efforts on Church Creek, fund an independent consultant to monitor storm water compliance at the ATC site, and cover legal fees incurred by the Federation and CBF.
The South River Federation and other watershed groups are willing to take developers to court when they fail to follow the laws to keep pollution out of our waterways. This suit demonstrates that citizens can use the Federal Clean Water Act to protect the South River even if local and state agencies are not diligent in enforcing these laws.
Our success in this ground-breaking law suit is due to our South RIVERKEEPER® and our strong partnerships with other organizations:
Drew Koslow, the South RIVERKEEPER®, working with other Board members, spent many hours documenting conditions on the ATC site and in Church Creek. We used a special "continuous water monitor" instrument to document real-time water quality conditions in Church Creek to support the case. This equipment was purchased with contributions from Federation members.
The Chesapeake Bay Foundation joined us in this suit and their legal staff, especially Jon Mueller, provided critical leadership and negotiation skills.
The Waterkeeper Alliance, led us to Lawyers for Clean Water who offered tremendous experience with understanding the complexities of the Citizen Suit provisions of the Clean Water Act.
We are thrilled that our small grassroots organization can make this kind of difference. We could not have been successful without the support of these partners and a growing membership that supports a healthy South River. We WILL make a difference for the River!
Stay tuned for more information about the Federation's leadership to implement the court ordered restoration efforts on Church Creek.
