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Maryland stream was still running 'orange' after $4.1 million settlement over housing site

Sediment-heavy runoff can smother underwater grasses, damage fish habitat, and make nearby waterways unsafe.

Mud and water splashing violently, creating waves and foam in a turbulent scene.

Photo Credit: iStock

The broad muddy stain that once spread across Maryland's Gunpowder River — at one point it could be seen from space — has shrunk, but the contamination issue isn't over.

Despite a $4.1 million settlement to curb the pollution, runoff from a housing project in Joppa continues to leave Foster Branch looking like "creamed coffee," according to Maryland Matters.

Here's what to know

Inspectors from the Maryland Department of the Environment have recorded four sediment and erosion control violations at Ridgely's Reserve since the May 19 settlement.

During an Aug. 12 site visit, inspectors reported soil erosion, bare ground that could wash away in rain, improperly installed silt fencing, and sediment in the stream bed, according to the outlet.

Before the case was settled, the state and the nonprofit Gunpowder Riverkeeper sued national homebuilder D.R. Horton, its subsidiary Forestar Real Estate Group, and a construction contractor, saying they repeatedly failed to keep mud from washing away from the 121-acre project.

The companies agreed to a record $2 million penalty and another $2.1 million for community-driven remediation projects to improve water quality and aquatic habitat in Foster Branch and the Gunpowder, Maryland Matters noted.

Sediment-heavy runoff can smother underwater grasses, damage fish habitat, and make nearby waterways less suitable for swimming, fishing, and boating.

Joppatowne resident Bill Temmink, who has repeatedly complained about the runoff, noted that the waters were "still running orange," according to Maryland Matters.

More background

"This settlement holds these companies accountable, stops the damage, and directs meaningful resources back into the communities and waterways that were impacted," Maryland Environment Secretary Serena McIlwain said in a May news release.

The agreement allowed D.R. Horton and Forestar to face daily stipulated penalties of $1,000 to $6,000 for each violation state inspectors found. 

None had been imposed by Sept. 4, per Maryland Matters.

The companies did not answer repeated requests for comment.

What's being done?

Harford County spokesperson Matthew Button told Maryland Matters that the county fined the developers $45,000, which is the maximum allowed by law, between 2023 and January 2026.

Button said the county had also issued over a dozen stop-work orders, pausing construction until problems were fixed, and that officials continued to inspect the site every week and after major storms.

Gunpowder Riverkeeper Theaux Le Gardeur said the state has indicated it plans to issue at least two stipulated penalties tied to violations identified by state inspectors.

Maryland Department of the Environment spokesperson Jay Apperson told Maryland Matters that the agency would penalize consent decree violations "on a regular basis."

Lindsay Crone, executive director of the Gunpowder Valley Conservancy, acknowledged that the water on the south side of the river appeared less murky and that aquatic plants were reappearing in certain places.

"The water is full of debris, scum, and mud," retired bass tournament fisher Jack Whisted told the outlet. "All the small areas of grass regeneration are now choked and breaking off."

Where can I learn more?

Polluted waterways shroud plants and habitat in waste while communities pressure regulators to act. 

In some cases, that has led to lawsuits, closer scrutiny of companies, and stringent oversight.

• Cooke Aquaculture faced a massive lawsuit after waste allegedly smothered plants and ocean life.

• In the U.K., sewage companies used distraction and deflection tactics as pollution criticism mounted.

• In the U.S. and EU, regulators advanced new rules against greenwashing.

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