Constellation, BBSS will pay for fly ash clean up

Constellation Energy and BBSS Mining must pay the state $1 million and clean up contamination ofgroundwater in Gambrills before dumping any more fly ash.

“The state?s groundwater resources are a critical component of our drinking water supply. It is imperative that laws protecting groundwater are fully enforced,” said Maryland Department of Environment Secretary Shari T. Wilson in a written statement.

According to a 30-page consent decree signed Friday by Constellation Energy, and BBSS, the two companies must also provide alternative water supplies ? either new wells or connection to the public water main – for 40 properties affected by the contamination at no-cost to the property owner

The two companies must also monitor the sites, located off of Crain Highway and Waugh Chapel Road, and keep the public informed about the cleanup process. Until that happens, fly ash cannot be dumped at the site.

“Companies will not be allowed to endanger the health of our citizens and the environment without being held accountable,” said Maryland Attorney General Doug Gansler in a written statement.

Two months ago, MDE began negotiating with Constellation Energy, which has been dumping the fly ash from its power plants into two former sand and gravel mines owned by BBSS in hopes of reclaiming the land.

In October 2006, Constellation Energy discovered that the fly ash had leached into the aquifers, and testing by the county health department found over 20 wells south of the mines with high levels of cancerous heavy metals.

Robert Gould, Constellation’s vice president of communications, said the company has no plans to continue dumping fly ash at the site. It is currently being shipped to Virginia, at a cost of $1 million a month.

“The agreement represents our commitment to MDE and to the residents of Anne Arundel County to aggressively take the right step to resolve this issue,” Gould said. “We have been, from day one, taking protective measures. … We’re doing what we believe is right.”

MDE spokesman Robert Ballinger said earlier today the agency will not testify at tonight?s County Council meeting, where a bill banning the future dumping of fly ash for one year will likely pass. Chairman Ronald Dillon, Jr. R-District 3, will read a statement from Wilson.

The bill, drafted by Anne Arundel County Executive John R. Leopold, was delayed by two weeks because the seven-member council split over the merits of the legislation.

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