Maryland’s environmental agency filed a lawsuit Wednesday against Fleischmann’s Vinegar over allegations that its North Baltimore plant has discharged unpermitted pollutants into the Jones Falls stream.

The state’s lawsuit comes a day after Blue Water Baltimore, the local environmental nonprofit, also sued Fleischmann’s and its parent company headquartered in Ireland, Kerry, Inc., in federal court for failing to meet requirements under its environmental permit with the state and for violations of the U.S. Clean Water Act.

The state’s complaint, filed in Baltimore Circuit Court, outlines numerous allegations of permit violations at the Fleischmann’s plant, among them unauthorized discharges of numerous chemicals, including vinegar acid; exceeded regulatory limits for acidity and chlorination; and failures to efficiently operate its water treatment systems.

The state is asking the court to require “all steps necessary” by Fleischmann’s to come into “permanent and consistent” compliance with its environmental permit requirements. It also calls for a penalty of $10,000 for each day the company continues to operate in violation of its permit.

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In a joint statement with the Maryland Department of the Environment, Attorney General Anthony Brown said the state filed its lawsuit in coordination with environmental partners to ensure the alleged violations at the vinegar plant “are promptly investigated and remediated.”

“Unpermitted discharges from industrial facilities threaten water quality and the environment and impact the public health of the communities adjacent to them,” Brown said.

Blue Water Baltimore first began looking into issues at the vinegar plant in September 2021, after investigating resident reports of a fish die-off in the Jones Falls near the facility, finding more than 1,000 dead fish. Nearby residents also reported a strong vinegar odor. Blue Water Baltimore brought these issues to the attention of state regulators at the time, prompting the Maryland Department of the Environment investigation.

The nonprofit, which is represented by the Chesapeake Legal Alliance, said in its own statement that it has since recorded “ongoing acid discharges” directly into the Jones Falls through fissures in the facility’s concrete walls.

“Fleischmann’s must stop these unpermitted discharges immediately,” said Alice Volpitta, the Baltimore Harbor waterkeeper for Blue Water Baltimore.

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In a statement, a Kerry spokesperson said Fleischmann’s has been working closely with the state and city to ensure compliance.

“Fleischmann’s Vinegar Company takes its environmental responsibilities seriously,” the spokesperson said. “The company is committed to meeting all of its environmental compliance obligations and will continue to work closely with local authorities and the citizen group to reach a positive resolution.”

On top of penalties for the vinegar company, the state complaint asks the court to order an evaluation of the Baltimore plant to identify causes of the violations and close off connections between the facility and underground stormwater channels.

adam.willis@thebaltimorebanner.com

Adam Willis covers city government for The Banner, including the impacts of the large COVID-19 stimulus package that Baltimore received from the federal government. 

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