The state of Maryland and the federal government have filed separate lawsuits against the District of Columbia Water and Sewer Authority (DC Water), both alleging that the agency’s failure to address the long-term deterioration of the Potomac Interceptor contributed to the one-week release of more than 240 million gallons of raw sewage into the Potomac River last January.
Maryland’s complaint, filed April 20 in Montgomery County Circuit Court, claims that based on inspections conducted more than a decade earlier, DC Water should have known that the failed section of 72-inch-diameter pipe was at high risk of structural failure. While the segment where the break occurred had been earmarked for repair as part of DC Water’s 10-year, $625 million rehabilitation program for the 60-year-old pipeline, other areas along the 54-mile route were being addressed first, including a nearby section where work had begun last year.
DC Water has yet to identify the exact cause of the incident, which occurred on a section of pipeline in Maryland within the C&O Canal National Historic Park. A Washington Post investigation published in early April found that DC Water had proposed a remediation plan for the section as recently as 2018. However, lengthy federal environmental reviews by the National Park Service as well as several remediation reviews initiated by DC Water slowed the effort. DC Water has also claimed that recent inspections had found continued corrosion in the section, but no indication of imminent failure.
Despite a marathon emergency repair effort that restored the integrity of the Potomac Interceptor in mid-March, pending permanent repairs, the Maryland lawsuit alleges that the initial major spill and several subsequent smaller spills caused significant damage to the river and adjacent shoreline in violation of multiple state environmental laws. Recent inspections by the state Department of the Environment found soil contaminated by the spill in the vicinity of the Potomac River, according to the complaint.
“Millions of gallons of raw sewage into the Potomac River not only go missing, it harms ecosystems and communities, and calls for accountability,” Maryland Attorney General Anthony G. Brown said in a statement announcing the lawsuit. “DC Water knew this aging infrastructure was corroding, but it delayed repairs and breached its duty to protect this prized waterway, failures that we allege constitute gross negligence.”
The Maryland lawsuit seeks civil penalties of up to $10,000 per day for each violation, as well as reimbursement for environmental testing and cleanup costs, and damages for the “lost value of the state’s natural resources.”
Similar allegations of inadequate maintenance are included in the federal civil complaint, filed by the US Department of Justice on behalf of the Environmental Protection Agency, which led the emergency response and cleanup effort in coordination with the US Army Corps of Engineers and other agencies. The lawsuit seeks financial penalties against DC Water and the District of Columbia for violations of the Clean Water Act and the costs of mitigating the resulting damages.
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“The neglect and collapse of the Potomac Interceptor threatened the national waterway that flows through and serves our nation’s capital,” EPA Assistant Administrator for Enforcement and Compliance Assurance Jeffrey Hall said in a statement. “This court action serves as the next necessary step in the federal response to the Potomac Interceptor collapse and will help prevent future collapses.”
In its response to the lawsuits, DC Water says the legal action underscores the agency’s commitment to repairing the entire Potomac Interceptor, including expediting full rehabilitation of the failed section and rehabilitating affected areas.
“Initial environmental remediation efforts are also nearly complete, with ongoing water quality testing showing that downstream conditions have returned to normal and have remained stable for several months,” the agency said in a statement. “Also, recent test results continue to indicate low levels of bacteria near the rupture site.”
