County extends ban on fly ash

The County Council passed legislation last night to prohibit new fly ash dumping in the county for another year.

Approved 6-0, it extends by a year a moratorium enacted last fall that was scheduled to end on Oct. 1.

County officials said it was a prudent move because the state and federal government have not yet made their own rules to keep citizens safe.

"This is a federal problem and a state problem but the county cannot wait upon action from the federal or state government," County Executive John R. Leopold said.

County Health Officer Frances B. Phillips said when the moratorium was first enacted a year ago, she expected the state to have new regulations in place by now.

That has not yet happened, leaving the county at a particular risk because of geography and proximity to coal burning power plants.

Councilman Jamie Benoit, D-Crownsville, whose district includes the fly ash dump, said last night's legislation is a safeguard to protect residents.

But since both Constellation Energy Group and BBSS Inc. have agreed to stop dumping fly ash, the passing the legislation was somewhat symbolic and just confirms the county's position that the substance is a health risk, Mr. Benoit said.

Norman Harvey, who lives near the fly ash dump sites, said that fly ash has lowered property values in the area. He urged the council to extend the moratorium.

"Please, please ensure that (what happened on) Evergreen (Road) will never happen again in Anne Arundel County," he said.

Councilman Ed Reilly, R-Crofton, said that passing the legislation keeps the issue in front of constituents and puts the county in a position to use the bully pulpit to keep the state atop of it, too.

Starting in 1995, Baltimore Gas and Electric Co. and later Constellation began dumping fly ash, a powdery by-product from burning coal, into pits left in a BBSS Inc.-owned sand and gravel mine in Gambrills. By 1999, water tests from nearby monitoring wells showed elevated levels of sulfate, a chemical that is a red flag for fly ash contamination.

In October 2006, the county Health Department began investigating privately owned drinking water wells after preliminary tests showed one was contaminated with heavy metals. After a six-month investigation, the county found that 23 of 83 wells tested were polluted with a mix of chemicals, some carcinogenic, including arsenic, beryllium and lead. Many of the wells are near Summerfield and Evergreen roads

In September, Constellation and BBSS voluntarily decided to stop putting fly ash in Gambrills. BBSS president Robert Scrivener would later say that it has no plans to ever put more fly ash into its mine again.

In response to this discovery, Maryland Department of the Environment issued a consent decree, fining Constellation $1 million and ordering the company to clean-up the pollution. A year later, Constellation still is planning how it will fix the damage.

Staff write Erin Cox contributed to this report.