A federal lawsuit is the next step in the ongoing investigation and enforcement action against the owner of the now closed paper mill. It would build upon the suit now in state court by adding to the water pollution, the full range of potential impacts under the federal Resource Conservation and Recovery Act (RCRA). Once the plant closed the site became subject to regulation and enforcement under RCRA. Essentially, if it is not an operating plant it is a waste disposal site with an ongoing release. According to the Maryland news release:
“Seepage into the Potomac River from the paper mill jeopardizes the health of fish and wildlife, and the health of citizens,” said Maryland Attorney General Brian E. Frosh. “We intend to file suit in federal court to halt further damage and force the company to take action to repair the damage that has been done.”
In April 2019, an angler observed and reported to the State of Maryland that “pure black waste” was entering the North Branch Potomac River near the mill, this was confirmed by the investigation of the site done by the Potomac Riverkeepers organization that also took samples, including sampling that showed high pH levels, high sulfur and sodium contents and metals such as mercury and boron.
The discharge appears to be some combination of the “pulping liquors” that are created and sometimes reused as part of the paper-making process. Pulping liquors are considered caustic and corrosive materials that can cause severe skin and eye burns and respiratory problems. To the Riverkeepers the analysis suggested the presence of ‘black liquor,’ possibly mixed with coal ash.”
Black liquor, a caustic mix of chemicals and wood waste from the paper-making process at the plant, in addition to having a high pH, contains hazardous constituents at concentrations that are harmful to aquatic life and humans. Coal ash contains a range of harmful constituents, including arsenic, mercury and boron, all of which were found in the Potomac Riverkeepers sampling. A petroleum odor was also noted by MDE.
The pulping liquors were stored in tanks on the West Virginia side of the river. In November, the West Virginia Department of Environmental Protection issued an order to Verso to empty the tanks on their side of the river. In response, Verso piped material from the tanks in West Virginia to tanks in Maryland.
Starting April 2019, MDE directed Verso to determine the source of the seepage and take steps to contain and remove the discharge. Verso submitted a report on field work done by a contractor and, in February, submitted to MDE a “Remedial Investigation & Corrective Action Plan” describing the company’s next investigative steps, but the seepage continues.
MDE had directed Verso to put up signs in the vicinity of the seepage stating: “Keep Out, No Trespassing, Hazardous Materials Present, Do Not Drink of Have Contact with the Water in the Immediate Area.” However, Verso had put up signs stating, “Restricted Area, Do Not Enter,” in the vicinity of the discharge, but would not put up signs with the language directed by MDE.
The paper mill is located in Luke, Maryland, and includes land across the river in West Virginia. Paper products were manufactured at the location from 1888 until the mill’s closure last June. This seepage into the Potomac showed high pH levels, high sulfur and sodium contents and metals such as mercury and boron and continues.
Action to protect the Potomac has been painfully slow. This is the upper portion of the Potomac River. The river flows approximately 385 miles from West Virginia where it begins to the Chesapeake Bay increasing in size and flow from its tributary streams and rivers. The Potomac River grows from a small spring to become the Chesapeake Bay's second largest Tributary. The River provides more than 500 million gallons of freshwater daily to those living in its watershed, as well as irrigation water , and the more than 2 billion gallons of water a day for power plants. River water is drawn by the Washington Aqueduct Division of the U.S. Army Corps of Engineers (WAD), the Fairfax County Water Authority (FCWA), the Washington Suburban Sanitary Commission (WSSC), and City of Rockville and recently by Loudoun Water.
If you recall, the Potomac Riverkeeper Network (PRKN) filed a Notice of Intent to Sue Verso Corporation, for the ongoing unlawful discharges of a toxic waste called “black liquor” into the North Branch of the Upper Potomac River back in November 2019 and has been important in keeping this regulatory action moving forward to protect us all.
The pulping liquors were stored in tanks on the West Virginia side of the river. In November, the West Virginia Department of Environmental Protection issued an order to Verso to empty the tanks on their side of the river. In response, Verso piped material from the tanks in West Virginia to tanks in Maryland.
Starting April 2019, MDE directed Verso to determine the source of the seepage and take steps to contain and remove the discharge. Verso submitted a report on field work done by a contractor and, in February, submitted to MDE a “Remedial Investigation & Corrective Action Plan” describing the company’s next investigative steps, but the seepage continues.
MDE had directed Verso to put up signs in the vicinity of the seepage stating: “Keep Out, No Trespassing, Hazardous Materials Present, Do Not Drink of Have Contact with the Water in the Immediate Area.” However, Verso had put up signs stating, “Restricted Area, Do Not Enter,” in the vicinity of the discharge, but would not put up signs with the language directed by MDE.
The paper mill is located in Luke, Maryland, and includes land across the river in West Virginia. Paper products were manufactured at the location from 1888 until the mill’s closure last June. This seepage into the Potomac showed high pH levels, high sulfur and sodium contents and metals such as mercury and boron and continues.
Action to protect the Potomac has been painfully slow. This is the upper portion of the Potomac River. The river flows approximately 385 miles from West Virginia where it begins to the Chesapeake Bay increasing in size and flow from its tributary streams and rivers. The Potomac River grows from a small spring to become the Chesapeake Bay's second largest Tributary. The River provides more than 500 million gallons of freshwater daily to those living in its watershed, as well as irrigation water , and the more than 2 billion gallons of water a day for power plants. River water is drawn by the Washington Aqueduct Division of the U.S. Army Corps of Engineers (WAD), the Fairfax County Water Authority (FCWA), the Washington Suburban Sanitary Commission (WSSC), and City of Rockville and recently by Loudoun Water.
If you recall, the Potomac Riverkeeper Network (PRKN) filed a Notice of Intent to Sue Verso Corporation, for the ongoing unlawful discharges of a toxic waste called “black liquor” into the North Branch of the Upper Potomac River back in November 2019 and has been important in keeping this regulatory action moving forward to protect us all.
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