CHESTERTOWN — Kent County Commission President Ron Fithian said they are still uncommitted to building a $4.5 million facility to remove iron from the groundwater near the Nicholson landfill in Chestertown.
Fithian said before any kind of construction begins, someone from the Maryland Department of the Environment (MDE) has to come here and give the county a suitable explanation why they need this plant.
Since the landfill was closed and capped about a decade ago, the county has been responsible for testing near the site for the presence of any contaminants leaching into the groundwater.
Director of Public Works Dan Mattson said VOCs or volatile organic compounds were identified about 10 years ago. Recent testing shows the current treatment plan is functioning as designed, regulating pH and reducing copper.
The project scope at that time did not include standards for iron, he said. With new standards in place by MDE, current testing does not place water samples within the range of compliance.
“The project would create a net benefit for iron levels reaching the stream, in that it brings us to compliance,” Mattson said.
Originally projected to cost $2.7 million, the price tag of such a system to mitigate iron levels has nearly doubled, Mattson explained.
In order to help pay for this facility, former public works director and now consultant, Mike Moulds and Mattson are working with the USDA to obtain an increased funding obligation in the amount of approximately $1.7 million. They’ve been hustling, Moulds said, and they faced a deadline of June 19, to secure some funds.
Mattson and Moulds requested the commissioners sign a letter of intent to meet the conditions of the financing as well as the USDA request for obligation of funds forms.
Signing it would keep public works from repeating the bidding, potentially costing the county more money, Moulds put.
Although Fithian sympathized with the position of the public works personnel, he was hesitant to sign anything, especially when he can’t see how that facility would fix iron in the water.
He stated there are geological reasons.
Kent County is drawn on aquifers, or porous rock or sediment saturated with groundwater, that are inundated with iron, Fithian said.
Not just at Nicholson Landfill.
Fithian said the groundwater “everywhere” contains iron because it’s in the stone surrounding the water; that stone creates iron.
If iron is in the groundwater throughout the county, what good is stopping it at one specific area, Fithian queried. “Every well in the whole county is inundated with iron. I am baffled as to what this project would do,” Fithian said.
Talking to residents, many feel the same, he said. Iron in the water’s common in the county, he said, “We all deal with it.”
We put salt in the conditioner, a more cost-efficient solution than the $4.5 and the continual costs of operations, he stated.
Despite his opinion, Fithian said he’s willing to listen to MDE.
Moulds, not disagreeing, explained it from their side. Not only is there a deadline that if not reached, could compromise the bid, but there are penalty fees as well.
Monthly penalty costs MDE puts on them for having iron in the water.
Moulds pointed out those fees will continue if iron’s in the water.
And there’s no guarantee fees won’t go up in the future.
At the crux of the issue, Fithian isn’t convinced such a facility would solve the iron issue — since the outlined plans have the treated water pumping into an adjacent ditch which would result in the treated water flowing back into the ground then going through the aquifer thereby adding iron back into the water.
The commissioners asked if signing the letter of intent could pressure them into building the facility. County attorney Tom Yeager said traditionally, signing a letter of intent showed good faith to all parties concerned, but language could possibly be changed in the contract to make it conditional.
In Fithian’s opinion, the best way to speed along the process is “to get someone from MDE here.”
“I think we’re supposed to operate like that. I would think that the county citizens would hope that we have clarification when we spend $4.5 million dollars. And it may be perfectly legitimate, but I’m going to have to hear it.”
Commission members Albert Nickerson and John Price backed the president.
Price said, “It only makes good common sense. Why all the sudden after 30 years is this a big deal?”
“It’s our responsibility to talk to our constituents why we’re spending this,” Nickerson added, “Because the ‘state said so,’ is not good enough in this instance.”
County Administrator Shelley Heller said they reached out to the MDE Secretary Serena McIlwain who offered to talk to Fithian privately. Fithian refused that, saying the public should be in on the conversation.
Ultimately, the commission agreed to sign the letter of intent in order to not impede the process Moulds and Mattson had undergone already. However, their agreement was conditional on MDE explaining the project in a satisfactory manner.
Price made the motion to “approve the execution of the USDA letter of intent to meet the conditions and request for obligations of funds forms for the Nicholson Landfill remediation project contingent upon satisfactory answers from MDE regarding the project and why it needs to be done and approval of a contractor if we decide to move forward.”
Meeting with unanimous approval, the commissioners were clear, this in no way means they agreed to build the treatment facility.
Fithian said when Governor Wes Moore visited last, he said to reach out if there’s ever an issue. Until now the commission president hasn’t, but if the MDE secretary doesn’t attend in person or send a representative, it could be time to make that call.
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