D.M. Bowman to Pay Bulk of $360,000 Settlement Over 2021 Diesel Fuel Release

A settlement has been reached between the Maryland Attorney General’s Office, the Maryland Department of the Environment, and three companies involved in a significant diesel fuel release in Frederick County in December 2021. The agreement, which has been entered by the Circuit Court for Frederick County, mandates a shared payment of $360,000 to address the environmental impact of the spill and bolster the state’s oil spill response capabilities. The settlement resolves a complaint filed by the Department of the Environment in June 2023, concerning approximately 7,688 gallons of diesel fuel that was discharged into the state’s underground waters from a site located at 6816 English Muffin Way, Frederick, Maryland.

The incident occurred on or about December 6, 2021, when subgrade horizontal drilling operations, conducted by Day and Sons, Inc. on behalf of The Potomac Edison Company, reportedly severed two underground diesel supply lines. D.M. Bowman, Inc., which owns and operates the site and conducts a transportation, warehousing, and logistics business there, was also found to be in violation of regulations concerning the use and maintenance of its underground storage tank systems at the time of the release. While approximately 2,802 gallons of diesel have been recovered since the spill, the full extent of the contamination may take years to determine. The unique geology of the area presents challenges, and it remains unknown if the remaining fuel will surface or be recovered. To date, no direct harm to human health has been identified.

Under the terms of the Consent Decree, D.M. Bowman, Inc. is required to continue its efforts in investigating and recovering diesel fuel from the site. Furthermore, Bowman must develop internal policies to demonstrate its understanding of and commitment to complying with relevant regulations. The collective $360,000 penalty will be directed to the Maryland Oil Disaster Containment, Clean-Up, and Contingency Fund, providing financial resources for future spill response efforts, with Bowman paying $250,000, Day and Sons paying $100,000, and Potomac Edison paying $10,000.

The full agreement is available below.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office and the Maryland Department of the Environment.

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