Matter of Chesapeake Bay Foundation, Inc.

The Appellate Court of Maryland affirmed the Maryland Department of the Environment’s (MDOE’s) issuance of a groundwater discharge permit for sanitary waste from a proposed wastewater facility that would serve a new residential development in the Town of Trappe. The court found that MDOE’s determination that the discharge was not the “functional equivalent” of a direct discharge to surface waters was reasonable and supported by substantial evidence. The court therefore upheld the determination not to require a National Pollution Discharge Elimination System permit. In addition, the court rejected the contention that MDOE did not establish that the facility’s operations would result in “zero nutrient discharge to groundwater.” Regarding an argument that the permit did not account for increased precipitation due to climate change, the court found that the record reflected that MDOE “clearly considered climate issues” and that the permit included conditions to address climate-related issues.