Anne Arundel wants the state to pay back $100,000 in well testing and lab work done during the Gambrills fly ash investigation ? and it may receive support from state lawmakers.
“The next county might be discouraged from jumping in like Anne Arundel did, and wait for the state to react,” said Del. Tony McConkey, R-Anne Arundel.
The county is seeking the reimbursement from the Maryland Department of the Environment for its work on the wells between October 2006 and April 2007.
Fly ash was dumped into former sand mines and is blamed for high levels of heavy metals, which can cause cancer, neurological disease and organ failure, found in wells.
County officials said their investigation sparked the state?s response to fly ash, which resulted in a $1 million fine to Constellation Energy and mine operator BBSS Inc., as well as a reform of fly ash regulations.
But MDE has rejected the request, county officials said. MDE officials did not return calls for comment.
Now the county is pushing a bill before the General Assembly that would require MDE to pay the $100,000 bill, and would mandate any further work done by local government to be reimbursed by MDE.
Instead, Del. Mary Ann Love, delegation chairwoman, said a letter would be sent to MDE requesting the reimbursement.
Delegates asked the county officials why they didn?t simply sue MDE for money, but Alan Friedman, government affairs director for County Executive John R. Leopold, said there are costs associated with lawsuits, and other pending lawsuits do not deal with compensatory damages.
The delegation also discussed another fly ash-related bill that would remove a cap on performance bonds placed on surface mining companies.
If a miner fails to meet legal requirements, the bond would be used to help pay for environmental cleanup costs.
The concern from county officials is the current bond is too low and would not cover the costs of cleanup. Instead, the county suggests the cap be higher, though officials admit little empirical data exists on how much cleaning up a surface mining operation would cost.
But the delegation had qualms about the bill, noting that small businesses would struggle with a high bond rate, and governments may use the bond as a zoning tool.
“It is possible that local jurisdictions could sent unrealistically high bond levels to thwart legitimate businesses,” said Del. Steven Schuh, R-Anne Arundel.
Both bills are still pending in the General Assembly.
