A review of the proposed calendar of the General Assembly does not list the Chesapeake Bay clean-up as one of their high priorities. There are of course other issues to tackle. One thing is sure. With elections coming in November, the legislators are wary of raising taxes. Saving one’s back side is becoming increasing obvious as the mood of the country has changed. At least the talk of pay raises seems to have quieted.

A coalition of Maryland based water keepers is requesting that the Federal Environmental Protection Agency void that states authority to police water pollution. While Maryland Department of the Environment Secretary Shari Wilson has improved the department’s record of fighting pollution, she has pointed out that due to "budget cuts," her department’s budget has been reduced by One Third (1/3) How would many of us perform our jobs on 1/3 less funds? To her credit, Ms. Wilson acknowledged the MDE’s "inconsistent approach to Enforcement when she took office in 2007. She increased enforcement actions against polluters by 34% in the following year. That’s a tough standard to maintain with the financial restrictions being placed on her. The water keepers though, really don’t want a federal takeover of the MDE. What they really want is for that Department to acknowledge that it needs help. Where would help come from? Ms. Wilson has pointed out that with the State of Maryland’s budget being 2 billion dollars in the hole, don’t expect any help from that direction. The Water Keepers have made some suggestions though. With the Maryland General Assembly now in session, permit fees and violation penalties could be raised. The fees seem relatively cheap as they are. Additionally, the practice of intervening in civil lawsuits against polluters should be abolished. This practice certainly seems admirable, but it adds to the department’s expenses. Also, Maryland’s Attorney General should be prosecuting polluters, rather than waiting for the MDE to do it. Ultimately though, it’s up to the residents of the Chesapeake Bay watershed to send a clear message to their legislators that they want tough enforcement of anti-pollution laws.

As previously discussed, a major factor in Bay pollution is storm water runoff, both from urban areas and farming. Stricter rules enacted by the Maryland Legislature, controlling storm run-off, are to take effect on land development . They feature leaving larger areas being unpaved and encouraging the growing of vegetation. This practice allows for rain run-off to be absorbed in the ground which naturally cleanses the water.

However, developers of existing urban areas (re-development) seem to have a legitimate complaint. Their contention is that applying the standards of "new development" to already planned projects or existing projects would add hundreds of thousands or even millions to their projects. They claim that the new rules would undermine Maryland’s " Smart Growth Policy" by discouraging urban redevelopment in cities, towns, and older suburban areas, and encourage "urban sprawl," which would even increase the amount of "storm water run-off." Environmentalists say the new rules are necessary to help clean up the Bay, and that all projects should be held to the same standards. MDE officials claim the rules are flexible enough to deal with redevelopment issues.

However, the steady stream of developer complaints have the ears of Governor O"Mally and many legislators. The developers are asking that existing redevelopment projects, or those on the drawing board, be "grand-fathered" to pre-legislative restraints. Government officials have said that it was not the intent of the law to discourage urban redevelopment. Look for some kind of arrangement soon.

It appears that Maryland’s program to upgrade wastewater treatment plants is in trouble. The "Bay Restoration Fund," also known as the "flush tax," enacted in 2004, finances this fund. Every house or business hooked up to a sewer in the State of Maryland now pays a $30 annual fee. So far, the fund has paid out $159 million to fund these projects. Twelve are complete, fourteen are under construction, twenty five are in design state, and sixteen are in planning. However, the three largest plants, Baltimore’s "Back River" and " Patapsco", and Washington’s "Blue Plains" are all scheduled to start soon. The three plants together account for 2/3’s of the Nitrogen reduction Maryland officials have pledged. There is one problem. There is not enough money currently in the fund to pay for them. The fund is $660 million short. State Officials are pondering a way to make up the shortfall. They are wondering whether or not to increase the "flush tax" by 50% to cover the increase. Is this a "no brainer" or what? $15 a year is not going to break anyone. Go ahead and Get it done!

Early in January, the State of Pennsylvania accepted bids to lease 32,000 acres of State Forrest land for development by natural gas drilling companies. The revenue was $128.5 million, double the amount Pennsylvania had budgeted for. At least ½ the revenue will go directly toward Pennsylvania’s budget. The tracts are all located to tap into the Marcellus Shale formation that runs through New York, Pennsylvania, and Maryland, which has been discussed here in the past. The bidding had mixed blessings according to acting Secretary of the Department of Conservation and Natural Resources. He feared "the windfall would further whet the appetite of policy makers to lease public land to derive immediate revenue without fully understanding the long-term environmental implications of gas development."

Neither did this windfall go un-noticed by "America’s Governor," Ed Rendell. (AKA "Fast Eddy") He immediately called for the re-introduction of a drilling tax he had proposed last year. He cited that the huge bids were an indication that the industry can afford the new tax levy. Guess who will wind up paying that tax. Neither did he rule out a State Senate plan to raise an additional $180 million next year by leasing additional land for drilling. Nor did the increased leasing activity go un-noticed by local Environmentalists, who fear the contaminated water used in the drilling process would find its  way into the Susquehanna River, which winds its way through New York, Pennsylvania, and Maryland, and unlike what ever goes on in Vegas stays in Vegas, what ever goes on in the Susquehanna flows right into the Chesapeake Bay.. Fortunately, one of the drilling companies, "East Resources," has donated $750,000 to the Susquehanna River Basin Commission to set up a water quality monitoring system. They are going to need that, and surely much more. Look-Out, They’re just warming up here.

Finally, last month this column chronicled Governor O"Mally’s and the State of Maryland’s efforts to save the oyster population in the Bay. The oyster protected "sanctuary" areas are to be increased, and a ban on "oyster dredging" and" raking" have been proposed. Additionally, the idea of "oyster farming was introduced. Unhappy with the recent proposals, a group of about 150 watermen have broken away from the Maryland Watermen’s Association and formed their own group, the Chesapeake Bay Commercial Fishermen’s Association. Their goal is to work with the Legislators to "preserve the watermen’s way of life." What will happen to their way of life when the oysters are all gone? It’s always something!

The last week of January saw Federal Judge Sue Robinson deny the States of Delaware and New Jersey’s request for an injunction to stop the dredging of the Delaware River to a depth of 45.’ She ordered the U.S. Army Corps of Engineers to start the project immediately.

Finally, this officer attended his first "Fleet Captain’s Dinner," held at Red Eye Yacht Club on January 31, with his Fleet Captain/Spouse. The event was well planned, attended, informative, and all who attended spent an enjoyable afternoon. As usual, a job "Well Done" by R/C Steve Rockel.