Maryland Settles with Verso

The Maryland Department of the Environment (MDE) has announced a settlement with Verso Corporation, owners of the Luke Paper Mill in Western Maryland, for seepages into the North Branch Potomac River that threatened the Potomac River, the regional drinking wate supply, public health and the environment.

This consent decree settles a lawsuit filed in the U.S. District Court for the District of Maryland on behalf of the Potomac Riverkeeper Network (PRKN) on March 24, 2020, alleging that the release of pulping liquor at the Verso Luke Mill created an imminent and substantial endangerment to Maryland under the federal Resource Conservation and Recovery Act (RCRA). The State of Maryland intervened in the lawsuit on May 28, 2020, alleging, in addition to the RCRA claim, violations of state environmental laws.

“Verso repeatedly discharged toxic pulping liquor intoMaryland’s waters,” said Attorney General Frosh. “These repeated discharges degraded water quality and were harmful to fish and wildlife. Today’s settlement requires Verso to stop its discharges of pulping liquor, develop and implement a remediation plan, and pay a  civil penalty of $650,000, reimburse the State’s attorneys’ fees, and pay past and future costs to the State for the oversight of the investigation and remediation." This settlement allows the future redevelopment of the site while  the investigation and remedial work to continues at the site.

This all began in April 2019, when a fisherman saw and reported to the State of Maryland that “pure black waste” was entering the North Branch Potomac River near the mill. This observation was confirmed by the investigation of the siteundertaken by the Potomac Riverkeepers organization. They took samples that showed high pH levels, high sulfur and sodium contents and metals such as mercury and boron.

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, has a high pH, and 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 2018, 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 continued and Verso was not entirely cooperative with MDE requests.

MDE filed a federal lawsuit under the federal Resource Conservation and Recovery Act (RCRA) against Verso. Once the plant was 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. Finally, after MDE sued Verso they settled.

The Potomac Riverkeeper Network (PRKN) has been the driving force behind the regulators maintaining focus on the Verso release and should receive all our thanks for keeping this regulatory action moving forward to protect us all. The Potomac Riverkeeper Network is a party to the agreement that also requires Verso to pump and treat contaminated groundwater, close a coal ash waste lagoon, and conduct monthly water quality sampling in the river and groundwater for at least three years following all cleanup measures to verify the cleanup.