The state could delay an emergency bill to prohibit coal fly ash dumping in Anne Arundel.
“We?re asking the [Anne Arundel] County Council to wait until negotiations are finalized [with Constellation Energy] before moving on the bill,” said Robert Ballinger, spokesman for the Maryland Department of the Environment.
MDE wants the council to hold off Monday?s vote on Anne Arundel County Executive John R. Leopold?s bill until a corrective order against Constellation Energy and BBSS Mining Co. is completed Oct. 1.
MDE can?t comment on the county bill until the state negotiates a plan with Constellation Energy that would prevent heavy metals from leaching into the water table.
But some county officials disagree, claiming a sense of urgency is needed.
Because the bill is an emergency ordinance, it can go into effect immediately after Leopold signs it.
“In absence of adequate federal and state protection, it is imperative for the county to take action for the health of its citizens,” Leopold said.
History of disposal
The bill is in response to BBSS Mining?s operations in Crofton-Gambrills area. Two former sand-and-gravel pits are being reclaimed by filling the mine with fly ash, a by-product of the coal combustion process used in power plants.
The fly ash leached into the local groundwater, contaminating dozens of wells with heavy metals such as arsenic, aluminum and cadmium, some of which can cause cancer through prolonged exposure.
“We are a county at risk, because we?re most likely to receive this fly ash,” said county health officer Frances Phillips. ” … There is no one behind me to protect the citizens of the county.”
Playing the waiting game
The council should explore the ban, but also impose restrictions and regulations over fly ash sites, said Councilman Josh Cohen, D-District 6.
MDE issued a corrective order in July against the mine operator and Constellation Energy, which owns the site and supplies the fly ash.
If negotiations fail, MDE will take Constellation Energy to court, Ballinger said.
Council Chairman Ronald Dillon Jr., R-District 3, agreed with MDE?s request: “I want to hear from MDE on this issue.”
If Constellation Energy, which is the parent company of Baltimore Gas and Electric, can no longer dump its fly ash in Anne Arundel, it could cost the company five times more to dispose of the material ? costs that could be passed down to the customer, said Constellation Energy spokesman Kevin Thornton.
Monitoring wells around the site had spikes of contaminants since 1999, but not until October 2006 did officials see a trend and notified MDE, he said.
If the bill is suspended, it could go before the council during its next meeting Oct. 1.
