Anne Arundel County Executive John R. Leopold is calling Gov. Martin O?Malley?s veto of a bill repaying the county for helping out in a landmark coal fly ash investigation an “offensive and irresponsible anti-environment action.”
“The governor?s veto sends a chilling message to local governments that they should not be equal partners in the vital effort to protect people?s health,” Leopold said in a written statement.
O?Malley?s veto denies a $100,000 reimbursement from the Maryland Department of the Environment for the county?s effort in helping expose water contamination in wells around fly ash dump sites in Gambrills.
The Senate passed the bill 45-1, and the House of Delegates passed a similar version of the bill 135-0.
“It diverts resources of [MDE] to reimburse a single local government a specific amount for a past event, and an uncapped, indeterminate amount for future events, for functions the county has agreed to perform,” O?Malley wrote in his veto letter.
When asked if O?Malley had any response to Leopold?s comments, a spokeswoman said the governor vetoed the bill because it only affected Anne Arundel. O?Malley said in his letter that many other counties perform similar efforts without reimbursement.
The county tested more than 30 wells in Gambrills when Constellation Energy made public that two fly ash dump sites near Crain Highway were leaching heavy metals into the water table. Several private wells had high levels of arsenic, cadmium and aluminum ? substances that can cause disease and cancer.
MDE used the data in its action against Constellation Energy and the dump site operator, BBSS Mining Inc. MDE required both companies to pay a combined $1 million for damages, and the county sought through state legislation to get reimbursed through that fine.
But MDE Secretary Shari Wilson said the agency did not account for repaying Anne Arundel, and it broke agency policy.
Leopold said he is directing the county?s attorneys to seek reimbursement from Constellation Energy, a move that MDE had suggested.
Constellation Energy spokesman Kevin Thornton said the company is reviewing Leopold?s request and would not comment.
Leopold?s office did not return comments about how the absent funding would affect the proposed fiscal 2009 budget.
