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Weak laws

Lawmakers stop short of enacting effective environmental safeguards

sun special report tainted waters

September 29, 2008|By Timothy B. Wheeler , tim.wheeler@baltsun.com

CRITICAL AREA: Passed in 1984, the Critical Area law restricts development within 1,000 feet of the bay and its tidal tributaries. It also prohibits building or clearing vegetation within 100 feet of the water. But counties have often failed to enforce the law, critics say. And the 1,000-foot provision still allowed development of some pristine waterfront. The General Assembly voted this year to strengthen the law, after many compromises. The shoreline building setback was doubled to 200 feet, but enforcement remains in local hands.

SMART GROWTH: Passed in 1997, the law is designed to encourage more compact development by steering state money for roads, sewers and other infrastructure to designated growth areas. But critics say local officials drew growth boundaries well beyond existing city and town borders. And the state continues to pay for new schools in outlying areas. The governor says he will propose legislation to strengthen the law.

FARM POLLUTION: Prompted by a scare over fish kills and reports of human illness around rivers polluted by farm runoff, legislation was proposed in 1998 to limit how much fertilizer farmers could use. The General Assembly passed a significantly weakened bill - allowing farms to draw their own "nutrient management" plans, extending deadlines for compliance, and reducing penalties and enforcement.

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FLUSH FEE: In an attempt to boost the bay cleanup effort, lawmakers in 2004 approved a "flush tax" on sewer users and septic system owners proposed by Gov. Robert L. Ehrlich Jr. The $2.50 monthly fee on sewer bills has generated $60 million per year for upgrading sewage treatment plants, a major source of nutrients fouling the bay. A $30 annual fee charged to homeowners on septic systems has raised $12 million a year to help pay farmers to plant pollution-preventing "cover crops." The fee also pays for grants to improve septic systems.

BAY TRUST FUND: In 2007, the General Assembly agreed to earmark $50 million for projects aimed at reducing polluted runoff from farms and pavement. Budget woes prompted lawmakers to cut the fund to $25 million.

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