Maryland Attorney General Frosh Files Complaint Against MetCom Following 58 Sewage Overflows

December 5, 2022

BALTIMORE, MD (December 1, 2022) – Maryland Attorney General Brian E. Frosh, on behalf of the Maryland Department of the Environment, today filed a civil complaint in the Circuit Court for St. Mary’s County against the St. Mary’s County Metropolitan Commission (MetCom) to request civil penalties and an injunction ordering MetCom to cease sewage overflows from its sanitary sewer system and to perform necessary corrective action.

MetCom owns and operates sanitary sewer systems located throughout St. Mary’s County. MetCom’s sanitary sewer systems convey sewage from homes, businesses, and industrial facilities to various wastewater treatment facilities.

From 2017 to present, MetCom discharged at least 2,170,876 gallons of untreated sewage from its sanitary sewer systems in 58 sanitary sewer overflow (SSO) events. These SSOs discharged raw sewage unlawfully to the ground surface, waters of the State, and/or waters of the United States.

In addition, oysters that were harvested and served to the public following an SSO on October 28, 2021 purportedly caused an outbreak of foodborne illness in Virginia.

“We have charged MetCom with multiple violations of the most fundamental laws that protect public health and the environment,” said Attorney General Frosh. “Releasing raw sewage could not be more dangerous. We will hold them accountable.”

The complaint requests the Circuit Court to impose civil penalties on MetCom for seven SSOs that occurred in 2022 and an injunction to compel MetCom to cease its SSOs and upgrade its system to operate in compliance with State and federal law.

  1. The Department brings this action against MetCom to eliminate unpermitted overflows and discharges of pollution to waters of the State in violation of State and federal water pollution control laws and for civil penalties.
  2. MetCom owns and operates various sanitary sewer systems throughout St. Mary’s County (the “Sanitary Sewer System”) that convey sewage to wastewater treatment
    plants for treatment and disposal.
  3. MetCom’s Sanitary Sewer System has experienced 58 sanitary sewer overflows (“Overflows”) since 2017. Overflows discharge raw sewage and its associated
    pollutants to the ground surface and waters of the State and create a nuisance and a public health hazard. MetCom reported each of these incidents to the Department.
  4. The Department brings this action to require MetCom to operate its Sanitary Sewer System in accordance with State and federal law and to seek penalties for unauthorized Overflows and discharges of pollutants to waters of the State.

MetCom owns and operates its Sanitary Sewer System in St. Mary’s County, Maryland, including the following sanitary districts:

  • Luckland Run Sanitary District No. 1
  • Dukehart’s Creek Sanitary District No. 2
  • Leonardtown Sanitary District No. 3
  • Piney Point Sanitary District No. 5
  • Lake Conoy Sanitary District No. 6
  • Pine Hill Run Sanitary District No. 8


In 2017, MetCom discharged an estimated 13,200 gallons of untreated sewage from the Sanitary Sewer System to the permeable surface of the ground and/or
waters of the State in six Overflow events over nine days. MetCom’s discharges to the surface of the ground created a potential discharge of pollutants to waters of the State. These Overflows occurred in the Piney Point Sanitary District and the Pine Hill Run Sanitary District. None of these events was authorized by a discharge permit issued by the Department.

In 2018, MetCom discharged 278,198 gallons of untreated sewage from the Sanitary Sewer System to a pumping station, the permeable surface of the ground, and/or
waters of the State in four Overflow events over five days. MetCom’s discharges to the surface of the ground created a potential discharge of pollutants to waters of the State. Three of these Overflows occurred in the Piney Point Sanitary District and the Pine Hill Run Sanitary District. One of these Overflows occurred in the Luckland Run Sanitary District. None of these events was authorized by a discharge permit issued by the Department.

In 2019, MetCom discharged an estimated 40,200 gallons of untreated sewage from the Sanitary Sewer System to the permeable surface of the ground and/or
waters of the State in ten Overflow events over ten days. MetCom’s discharges to the surface of the ground created a potential discharge of pollutants to waters of the State. One of these Overflows discharged an additional, unspecified volume of untreated sewage to the ground surface and/or waters of the State. These Overflows occurred in the Piney Point Sanitary District and the Pine Hill Run Sanitary District. None of these events was authorized by a discharge permit issued by the Department.

In 2020, MetCom discharged an estimated 1,571,070 gallons of untreated sewage from the Sanitary Sewer System to the permeable surface of the ground and/or
waters of the State in 17 Overflow events over 21 days. MetCom’s discharges to the surface of the ground created a potential discharge of pollutants to waters of the State. One of these Overflows discharged an additional, unspecified volume of untreated sewage to the ground surface and/or waters of the State.

These Overflows occurred in the Piney Point Sanitary District, the Pine Hill Run Sanitary District, and the Dukehart’s Creek Sanitary District. None of these events was authorized by a discharge permit issued by the Department.

In 2021, MetCom discharged an estimated 212,140 gallons of untreated sewage from the Sanitary Sewer System to the permeable surface of the ground and/or
waters of the State in 14 Overflow events over 20 days.

One of these Overflows discharged an additional, unspecified volume of untreated sewage to the ground surface and/or waters of the State. MetCom’s discharges to the surface of the ground created a potential discharge of pollutants to waters of the State. These Overflows occurred in the Piney Point Sanitary District and the Pine Hill Run Sanitary District. None of these events was authorized by a discharge permit issued by the Department.

On January 19, 2022, MetCom discharged 2,100 gallons of untreated sewage from the Sanitary Sewer System at 45501 Bethson Drive, California, Maryland 20619 in
the Pine Hill Run Sanitary District. The Overflow discharged to waters of the State: a storm drain and a stormwater management pond. The Overflow was caused by a blockage in MetCom’s Sanitary Sewer System and was not authorized by a discharge permit issued by the Department.


On January 31, 2022, the Department assessed administrative penalties to MetCom for the Overflows that occurred from 2017 through 2020.

On June 23, 2022, the Department assessed administrative penalties to MetCom for the Overflows that occurred during 2021. The Department received timely payment for these administrative penalties from MetCom.

From March 20, 2022 to March 21, 2022, MetCom released 4,050 gallons of untreated sewage from the Sanitary Sewer System at 19880 Piney Point Road, Valley Lee,
Maryland 20692 in the Pine Hill Run Sanitary District. The Overflow released untreated sewage to the permeable surface of the ground, including a wooded area. MetCom’s loss of untreated sewage to the surface of the ground created a potential discharge of pollutants to waters of the State. The Overflow was caused by a leaking force main3 in MetCom’s Sanitary Sewer System and was not authorized by a discharge permit issued by the Department.

On July 26, 2022, MetCom discharged 1,400 gallons of untreated sewage from the Sanitary Sewer System at 19880 Piney Point Road, Valley Lee, Maryland 20692
in the Pine Hill Run Sanitary District. The Overflow discharged to the permeable surface of the ground and a ditch. MetCom’s discharge of untreated sewage to the surface of the A force main is a sewer pipe that is pressurized. Ground created a potential discharge of pollutants to waters of the State. The Overflow was caused by a leaking force main in MetCom’s Sanitary Sewer System and was not authorized by a discharge permit issued by the Department.

On July 27, 2022, MetCom released 718 gallons of untreated sewage from the Sanitary Sewer System at 19880 Piney Point Road, Valley Lee, Maryland 20692 in
the Pine Hill Run Sanitary District. The Overflow released untreated sewage to the permeable surface of the ground: a trench where repairs were being made. MetCom’s
release of untreated sewage to the surface of the ground created a potential discharge of pollutants to waters of the State. The Overflow was caused by a leaking force main in MetCom’s Sanitary Sewer System and was not authorized by a discharge permit issued by the Department.

On August 16, 2022, MetCom released 500 gallons of untreated sewage from the Sanitary Sewer System at 43855 Airport View Drive, Hollywood, Maryland 20636 in
the Pine Hill Run Sanitary District. The Overflow released untreated sewage to the permeable surface of the ground and pooled near a wooded area, creating a potential
discharge of pollutants to waters of the State. The Overflow was caused by a leaking force main in MetCom’s Sanitary Sewer System and was not authorized by a discharge permit issued by the Department.

On October 11, 2022, MetCom discharged 13,000 gallons of untreated sewage from the Sanitary Sewer System at the north-bound side of Route 249 near Springer Road and Peninsular Court in Valley Lee, Maryland in the Piney Point Sanitary District. The Overflow discharged to the permeable surface of the ground and to waters of the State: a storm drain ditch approximately 400 yards from St. George Creek. MetCom’s discharge of untreated sewage to the surface of the ground also created a potential discharge of pollutants to waters of the State. The Overflow was caused by a leaking force main in MetCom’s Sanitary Sewer System and was not authorized by a discharge permit issued by the Department.

From October 20, 2022 to October 21, 2022, MetCom discharged 36,400 gallons of untreated sewage from the Sanitary Sewer System at 18550 Peninsulas Court,
Valley Lee, Maryland, 20692 in the Piney Point Sanitary District. The Overflow discharged to waters of the State: a storm drain ditch approximately 400 yards from St.
George Creek. The Overflow was caused by a leaking force main in MetCom’s Sanitary Sewer System and was not authorized by a discharge permit issued by the Department.

Under § 9-342 of the Environment Article, a person who violates any provision of Title 9, Subtitle 3 or any rule, regulation, order, or permit adopted or issued
under Title 9, Subtitle 3 is liable for a civil penalty not exceeding $10,000 to be collected in a civil action brought by the Department. Each day a violation occurs is a separate violation.