BALTIMORE, Md. — Maryland Attorney General Anthony G. Brown, along with Department of the Environment Secretary Serena McIlwain, has announced a settlement amounting to $360,000 with three companies regarding a diesel fuel release that occurred at an industrial site in Frederick County in 2021.
This settlement, formalized through a Consent Decree in the Circuit Court for Frederick County, addresses a complaint that was filed by the Maryland Department of the Environment on June 14, 2023. The complaint claimed that approximately 7,688 gallons of diesel fuel were discharged from underground storage tanks located at 6816 English Muffin Way after utility work damaged fuel lines.
The companies implicated in this matter include D.M. Bowman, Inc., which operates the site as a transportation and logistics hub; Day and Sons, Inc., an underground utility construction firm; and The Potomac Edison Company, for which Day and Sons was engaged in the installation of an electric line.
As reported by the Department, on December 6, 2021, Day and Sons inadvertently severed two underground diesel lines while conducting subgrade horizontal drilling, leading to the spill. To date, approximately 2,802 gallons have been recovered. Officials have indicated that due to the geological conditions of the area, determining the full extent of the spill may take years, and it remains uncertain whether all remaining fuel can be recovered.
Additionally, Bowman was found to be in violation of Maryland regulations that govern underground storage tanks, according to the Department.
Under the terms of the Consent Decree, Bowman is mandated to continue its investigation and recovery efforts concerning the diesel fuel, as well as to implement internal policies that demonstrate compliance with the Code of Maryland Regulations (COMAR). All three companies are required to collectively pay $360,000 in penalties to the Maryland Oil Disaster Containment, Clean-Up, and Contingency Fund.
“Diesel spills contaminate groundwater and threaten the health and safety of our communities,” Attorney General Brown said. “This settlement ensures all three companies involved in this preventable disaster pay and help fund Maryland’s oil spill response capabilities — protecting Marylanders when future spills occur.”
Secretary McIlwain added, “While progress has been made in recovering the diesel fuel, the significant financial penalty and continued cleanup and compliance requirements in this settlement make clear we will use every available tool to protect Maryland communities.”
