Legacy pollution: What is it and how is Maryland fighting it to protect waterways"

Many Mid-Atlantic states, including Maryland, have industries like coal mining in their industrial past, which also means they have legacy pollution in their environmental future for which to atone.

What is legacy pollution, and what's being done about it?

Legacy pollution is the presence of persistent materials in the environment that were created through an industry or process that have environmentally adverse effects after the process has finished. In an effort to fight the longstanding pollution, the Office of Surface Mining Reclamation and Enforcement announced last month the release of more than $4.8 million in federal fiscal year 2023 funding to reclaim abandoned mine lands in Maryland.

The monies, earmarked in the Biden administration's Investing in America agenda, was set aside to reclaim support jobs in coal communities by investing in projects that close dangerous mine shafts, reclaim unstable slopes, improve water quality by treating acid mine drainage and restore water supplies damaged by mining.

Currently, Wicomico County has two iron mines on record one Worcester County has one iron on record, according to the U.S. Geological Survey. There are 14 mines in Delaware which produce sand, gravel, aluminum, iron and chromium. Virginia has 2,275 identified mines, producing iron, manganese, gold, copper and zinc.

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Stopping the spread of legacy pollution

For the last 46 years, the Maryland Department of the Environment has been tasked with enforcing the first statewide comprehensive mining law for noncoal mining to ensure good land reclamation, environmental protection and public safety. By the end of 1977, there were 18 permitted noncoal surface mines in Maryland, with at least one in every county.

"The Minerals, Oil and Gas program continues to stay current on issues such as blasting, reclamation practices and mining impacts. The Division continues to work with the public and the mining industry to provide for public safety, environmental protection and good land reclamation," the department said in its program overview.

The department also noted it has the state Bureau of Mines aimed at protecting the public and the environment from the potential impacts of active coal mining. That means the restoration and enhancement of active and pre-law abandoned coal-mined lands through current mining activities, and the mitigation or improvement of pre-law coal mining impacted water resources.

The bureau's enforcement of state environmental laws require:

  • At a minimum, a monthly inspections of each permitted mining operation or facility to assure the protection of the public and the environment from the potential impacts of mining activity;

  • the mine inspectors perform on-site inspections to ensure compliance with the regulatory program and any special conditions imposed on the mining permit;

  • and there must be a field test water quality analysis, and follow-up on any citizen complaints.

"If an operation has failed to fully comply with any requirement of the regulatory program or specific permit conditions, enforcement actions will be taken that will result in civil penalties and could result in the suspension or revocation of the mining permit," the department's regulations stipulate in cases of an operating mine.

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Finally, the Abandoned Mines Lands Division was established in accordance with the provisions of the federal Surface Mining Control and Reclamation Act of 1977. Just two years later, an inventory of abandoned mine lands reported 9,500 acres of land in Maryland that were impacted by surface and underground coal mining.

That same year, over 450 miles of streams were deemed impaired by acid mine drainage that had caused significant environmental damage to the native fish population and drinking water supplies. Projects began quickly thereafter by the department to improve the quality of the waters in the coal region of Maryland.

Abandoned mines and federal aid

This effort also advances the Biden's Justice40 Initiative that commits to delivering 40 percent of the benefits of certain climate and clean energy investments to disadvantaged communities.

“The Maryland Department of the Environment is committed to the reclamation of areas that continue to degrade the environment and endanger public health and safety due to the effects of prior coal mining,” said Tyler Abbott, director, Land and Materials Administration, Maryland Department of the Environment. “With this level of funding over 15 years, Maryland will be able to move ahead on a significant portion of our planned abandoned mine land projects and deliver water quality improvements for tributaries impacted by acid mine drainage.”

The Bipartisan Infrastructure Law funds supplement traditional annual grants, which are funded by active coal operations.

In the 46 years since these federal mining laws were enacted, the Office of Surface Mining Reclamation and Enforcement has provided more than $8 billion under the reclamation program to reclaim lands and waters that were mined or affected by mining prior to 1977.

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This article originally appeared on Salisbury Daily Times: Legacy pollution endangers waterways; here's how Maryland battles it

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