Millions of dollars could come to dozens of Gambrills residents who believe they were harmed by decades of coal fly ash dumped by Constellation Energy that contaminated some wells with cancer-causing metals.
Constellation recently settled a lawsuit brought on by Gambrills residents through the Murphy Law Firm that will bring $45 million in compensation, new water service and environmental protection efforts.
“This deal is meant not only to compensate property damage, but also meant to address whatever fears or concerns residents may have,” said Hassan Murphy, the Baltimore City firm’s managing partner.
If a Baltimore Circuit Court judge approves the settlement, a $10 million compensation fund will be created for 84 affected property owners to seek money to pay for property damage or physical harm done by fly ash pollution.
Claims for damages could be filed within 120 days of the settlement’s approval, Murphy said.
“We’re pushing for an aggressive schedule,” he said. “We want to get to folks as quickly as possible.”
The lawsuit, filed in November 2007, stems from the two-year controversy over coal fly ash contamination in the Gambrills pits.
Fly ash is a by-product of coal combustion at power plants. Constellation was shipping fly ash from its coal plants to the site as a way to get rid of the waste and at the same time reclaim old sand and gravel mines.
But the liners failed, and the ash leached into the local water table. A few wells were notably contaminated with heavy metals that can cause cancer, while dozens of others showed higher-than-allowed contaminants not fully researched by federal agencies, such as aluminum.
The settlement also:
» Provides public water connection to 79 properties served by private wells;
» Requires Constellation to perform $10 million in environmental remediation at the dump sites;
» Requires Constellation to promise not to dump fly ash at either of the two pits, which company officials said has been done.
The work done by Constellation comes on top of any improvements or compensation required by the Maryland Department of the Environment, which is reviewing Constellation’s cleanup plan.
“We think this is a far-reaching solution and confirms our commitment to the community and the environment,” said Maureen Brown, Constellation’s spokeswoman.
The fly ash controversy has been a major issue in Anne Arundel, prompting legislation banning the material, and politicians to grill Constellation and BBSS Mining Inc., the company filling the mines, about their tactics and intentions.
The lawsuit helps resolve some of those concerns, which were based less in monetary compensation and more on basic public health.
“I’m obviously thrilled about [the settlement],” said Anne Arundel Councilman Jamie Benoit, D-Crownsville, who represents the Gambrills area.
“The most important thing is that we get safe, public drinking water for those people.”
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