Maryland sues over runoff from Harford County home construction site

The Maryland Department of the Environment has filed suit against a home builder and construction companies, citing repeated environmental violations on its construction site in Harford County.

The violations on the Ridgely’s Reserve development in Joppa, which is still under construction, caused excess sediment to run off into a Gunpowder River tributary called the Foster Branch, according to the complaint filed on behalf of MDE by the state attorney general’s office.

The sediment pollution has resulted in a “die-off” of underwater grasses in the Gunpowder, among other consequences, according to the suit. This vegetation provides a key food source and habitat for river life, such as crabs, fish and waterfowl. Aquatic grasses also produce oxygen, and remove contaminants from waterbodies, but they also can be smothered by excessive runoff.

Surveys conducted by the Virginia Institute of Marine Science found that grasses in the Gunpowder declined about 90% from 2021 to 2023, when photographed by airplane. The scientists noted that the reason for the localized decline were a mystery, but measurements found spikes in turbidity, or the murkiness of the water.

The suit, which was filed in Harford County Circuit Court Friday, follows similar legal action by the Gunpowder Riverkeeper , a nonprofit organization focused on the waterway. About a month ago, the Riverkeeper filed a notice of intent to sue the builders, a required step for citizens who file environmental claims under the federal Clean Water Act. After giving notice, citizens must wait 60 days before filing suit. The state, however, is under no such obligation.

State environmental inspectors first visited the construction site in May 2022, according to Friday’s filing, after “multiple citizen complaints,” including from the riverkeeper, about “sediment-laden water observed emanating from the housing development and discharging into Foster Branch.” On the scene, they found sediment control problems, such as a clogged filter rendering a piece of equipment “useless” and a slope that had not been stabilized to prevent erosion.

Between that date and July of this year, state inspectors visited the site about 30 times, noting repeated violations, such as silt fencing that had been overrun by rushing water, and clear evidence that runoff from the site was polluting the surrounding waterways.

Harford County officials have fined the developers and established consent decrees requiring fixes. But officials believe the problems are continuing, according to the filing. Though many homes already have been constructed and sold, construction continues on the site.

In its filing, MDE asked the court to order the developers to halt the pollution and restore the affected natural areas. It also requested injunctive relief and civil penalties, which can be up to $25,000 per violation, per day.

“Inspection after inspection has documented problems with this project, and this pollution has caused real harm to our waterways,” Maryland Department of the Environment Secretary Serena McIlwain said in a statement Friday. “It is past time for this pollution to stop. We are asking the court to not only impose a financial penalty, but also require that the affected waterways be restored.”

The suit names D.R. Horton, the home building company; Forestar, the site developer; and Kinsley Construction, a contractor working on the site until March. The companies did not respond Friday to requests for comment.

Gunpowder Riverkeeper Theaux Le Gardeur said Friday he was grateful “there is positive movement from MDE in filing their own complaint.”

Nearly 1,000 people have signed an online petition calling for action to stop the pollution, which has at times turned the Gunpowder and Bird rivers orange with sediment, according to the petition. The petition was sponsored by a citizen group called the Mad About Mud campaign.

The suit also highlights sediment control violations specific to the sewer line constructed to service the new development’s homes. Though the sewer line has been completed, and Forestar “prematurely” filed to terminate a construction-related permit in April, the area still needed to be stabilized with vegetation as of Friday, when the complaint was filed, according to the document.

“The repeated violations at Ridgely’s Reserve demonstrate a blatant disregard for our environmental laws and the welfare of Marylanders,” Attorney General Anthony Brown said in a statement Friday. “The damage that has already been done needs to be addressed so the waterways around this community are made whole and healthy again while those responsible for the pollution answer for their actions in court.”

Le Gardeur said that in his monitoring of the Gunpowder by skiff, he continues to see turbidity increase as he moves closer to the Foster Branch, and clearer waters heading out toward the Chesapeake Bay. On the site, he has seen exposed soils, which concern him greatly, particularly when stormy weather approaches.

“It’s still a lot of bare soil out there,” he said. “I’m just glad it hasn’t rained recently.”