BALTIMORE — Biohazardous materials -- capable of causing disease in healthy people -- are probably the last thing you want leaking into the air and water in your community.
And that's exactly what happened in Curtis Bay, says the Maryland Attorney General.
"It is what the previous owner of Curtis Bay Energy didn't do, when they received this special medical waste, that is most egregious," Attorney General Anthony Brown said.
The previous owner now admits with a guilty plea - the company was improperly and illegally disposing of medical waste in an attempt to make its operations move faster.
Once the AG's office got wind of this, they began an investigation in the fall of 2019. Over the next three years, investigators saw evidence of the contamination firsthand - including when they trailed the company's trucks as they took waste to a landfill.
"During the transports, the trailer leaked fluid. So much so that it got on investigators' cars and windshields as they trailed behind the truck, conducting surveillance," said Katie Dorian, chief of the criminal division with the AG's office.
"When the Department of Environment conducted inspections, the previous owners deliberately interfered and attempted to conceal illegal discharges during those inspections," AG Brown said.
The previous owners of the company pleaded guilty to 40 criminal counts for improperly disposing of medical waste. The company was also ordered to pay a $1 million fine to the Maryland Clean Water Fund, as well as another $750,000 that will be used for environmental projects in the Curtis Bay area.
Aside from the company itself, two individuals were also criminally charged - the former director of plant operations, Kenneth Jackson, who pleaded guilty to five counts for his involvement, and Thomas Keefer, whose case is still pending.
The Maryland Department of Environment says it is ramping up its enforcement efforts at all regulated facilities, including conducting random inspections, to prevent them from getting duped like that again.
"This incinerator is just one of many environmental injustices this community has had to face," said Baltimore Mayor Brandon Scott.
And people who live in the Curtis Bay area have been calling out those injustices for years. That includes Greg Sawtell, and Carlos Sanchez, who volunteer with the South Baltimore Community Land Trust (SBCLT). They say between the multiple incinerators, landfills, and the coal terminal that just had an explosion in 2021, the pollution in this community has taken years off of people's lives.
They don't think today's announcement goes far enough.
"One fine against one polluter is not enough. It's good to hold a polluter and a criminal accountable like we're seeing today. But it's not enough, given the scale of what we're dealing with," Sawtell said.
"What is it gonna take? Is it gonna take another explosion? We doubt that would even be the wake-up call needed, because it's been too long that Curtis Bay and South Baltimore neighborhoods have been used as sacrifice zones," he continued.
"People can't even open their windows because of the polluting. They feel trapped inside their own homes," said Sanchez, a youth leader with the SBCLT.
They're also frustrated that nobody warned the community about these public health violations at Curtis Bay Energy.
The Department of Environment defended that decision, saying although the company put people's health at risk, they have not uncovered any evidence yet that it was actively making people sick. They also tested the water in that area, and said it came back fine.
"When we were conducting the inspections, if we had found at that time, that there were issues that were could have pointedly impacted one of the community members, or a whole community, we would have reached out but we did not find that," said Serena McIlwain, Maryland Department of Environment Secretary.
The new owners, the Attorney General says, have taken the necessary steps to make the facility safe, and have been reporting even minor violations to the state.
But residents like Sawtell and Sanchez say they won't be satisfied until facilities like this are done away with completely in this area.
“We’re talking about big change but it’s still business as usual. Certainly the trust has not been earned, and it can only be earned when we get to the level where we’re talking about a serious just transition away from things like this that kill people and make the environment unlivable.”
In a statement, Kelly Love, a representative for Curtis Bay Energy said:
“Curtis Bay Energy has fully cooperated with the state of Maryland’s investigation into past violations committed by employees under prior ownership and management of the company. Since acquiring the company, new ownership and facility management have significantly increased investments in plant equipment, personnel, process improvements and training. Curtis Bay Energy remains committed to increasing its investment for preventative maintenance and workforce training and to honor its place in the community and region.”
