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Maryland AG Sues DC Water Over Potomac Interceptor Sewage Spill

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Summary

Maryland Attorney General Anthony G. Brown and the Maryland Department of the Environment filed a lawsuit in Montgomery County Circuit Court against DC Water for violations of state water pollution laws stemming from a January 2026 rupture of the Potomac Interceptor sewer line that discharged an estimated 240 million gallons of raw sewage over eight days. The complaint seeks civil penalties of up to $10,000 per day for each violation, reimbursement for all environmental testing and cleanup costs, natural resource damages, and a court order permanently prohibiting future unauthorized discharges.

“Maryland is asking the court to impose civil penalties of up to $10,000 per day for each violation, order DC Water to pay for all environmental testing and cleanup costs, cover damages for the lost value of the state's natural resources, and issue an order to permanently stop any future unauthorized sewage discharges.”

MD AG , verbatim from source
Why this matters

Utilities operating aging water and wastewater infrastructure should review their risk assessment protocols and capital improvement timelines against the standard alleged here: DC Water knew the infrastructure was corroding and delayed repairs. The gross negligence framing and permanent injunction sought suggest that simply paying penalties may not satisfy the remedy β€” courts may impose ongoing operational compliance obligations. Maryland is specifically seeking compensation for the lost value of natural resources, which could set a higher baseline for damages than simple cleanup costs.

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Published by MD AG on oag.maryland.gov . Detected, standardized, and enriched by GovPing. Review our methodology and editorial standards .

What changed

The Maryland Attorney General and Department of the Environment filed suit against DC Water in Montgomery County Circuit Court alleging violations of state water pollution laws due to unauthorized sewage discharges from the January 2026 rupture of the Potomac Interceptor sewer line. The 72-inch pipe segment in Montgomery County failed catastrophically, releasing approximately 240 million gallons of raw sewage into the Potomac River and its tributaries over an eight-day period. The complaint specifically alleges DC Water was aware that the over 50-year-old infrastructure showed signs of corrosion yet failed to properly assess risks and delayed capital improvements.

Water utilities and municipal infrastructure operators in other jurisdictions should note the basis for liability: knowledge of aging infrastructure combined with delayed remediation creates exposure to gross negligence claims under state environmental statutes. The specific remedy soughtβ€”a permanent injunction against future unauthorized dischargesβ€”indicates courts may impose ongoing operational obligations beyond simple penalty payment. Regulated entities responsible for critical water and wastewater infrastructure should review their risk assessment and capital improvement timelines.

Penalties

Civil penalties of up to $10,000 per day for each violation of state water pollution laws

Archived snapshot

Apr 21, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

Attorney General Brown Files Lawsuit Against DC Water Over Potomac Interceptor Collapse

Published: 4/20/2026

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FOR IMMEDIATE RELEASE

Media Contacts [emailΒ protected]
410-576-7009​

ComplaintΒ Seeks CompensationΒ andΒ PenaltiesΒ for Damage CausedΒ byΒ Sewage Spill

BALTIMORE, MD – Attorney General Anthony G. BrownΒ and the Maryland Department of the EnvironmentΒ today filed a lawsuit against DC Water seekingΒ penalties andΒ damages for costs associated with contamination of the Potomac River caused by a historic sewage discharge and a court order requiring full restoration of the site.

The complaint stems from the January 19,Β 2026Β rupture of a 72-inch section of the Potomac Interceptor sewer line in Montgomery County near the Chesapeake and Ohio Canal National Historical Park, which released an estimated 240 million gallons of raw sewage overΒ eightΒ daysΒ into the Potomac River and its tributaries. The suit alleges that DC Water was aware that the over half-century-old Potomac Interceptor showed signs ofΒ corrosionΒ yetΒ failed toΒ properlyΒ assessΒ the risksΒ andΒ delayed initiatingΒ capital improvements.
β€œMillions of gallons of raw sewage in the Potomac River does not just disappear, it damages ecosystems and harms communities, and it demands accountability," said Attorney General Brown. β€œDC Water knew this aging infrastructure was corroding, yet it delayed repairs and failed in its duty to protect this treasured waterway, failures that we allege constitute gross negligence. We are going to court to make sure they make it right for Marylanders."

β€œThe Potomac River belongs to the people of Maryland, and we expect it to be fully restored to health," said Maryland Department of the Environment Secretary Serena McIlwain. β€œThe utility must take full responsibility for the damage caused and take immediate and lasting action to prevent future spills. The river is part of our identity, our economy, and our way of life."

The complaint, filed in Montgomery County Circuit Court, alleges DC Water violated state water pollution laws through unauthorized discharges. Maryland is asking the court to impose civil penalties of up to $10,000 per day for each violation, order DC Water to pay for all environmental testing and cleanup costs, cover damages for the lost value of the state's natural resources, and issue an order to permanently stop any future unauthorized sewage discharges.

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Named provisions

Water pollution laws

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Last updated

Classification

Agency
MD AG
Filed
April 20th, 2026
Instrument
Enforcement
Branch
Executive
Joint with
MDE
Legal weight
Binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Government agencies Healthcare providers Consumers
Industry sector
2213 Water & Wastewater
Activity scope
Environmental remediation Waterway restoration Infrastructure maintenance
Geographic scope
US-MD US-MD

Taxonomy

Primary area
Environmental Protection
Operational domain
Legal
Topics
Government Contracting Public Health

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