Judge orders consent decree to resolve Frederick oil spill

A Frederick County judge this month entered a consent decree to finish environmental remediation after a 2021 incident in which over 7,600 gallons of diesel oil were released into the state’s underground waters — and state regulators didn’t find out for days.

The consent decree, solidified in Frederick County Circuit Court, resolves a lawsuit by the Maryland Department of the Environment (MDE) against Williamsport-based trucking company D.M. Bowman, Baltimore-based utility subcontractor Day and Sons, and the utility Potomac Edison. It avoids a trial and further litigation while requiring $360,000 in fines and court oversight of continued remediation efforts. D.M. Bowman was ordered to pay $250,000; Day and Sons and Potomac Edison owe $100,000 and $10,000, respectively.

Consent decrees are agreements requiring a defendant, whether a government agency or private company, to reform certain conduct under court oversight.

In December 2021, Day and Sons was working at a location owned by D.M. Bowman, performing subgrade horizontal drilling to install an electric line for Potomac Edison. Two underground diesel supply lines were severed, leading to an estimated 7,687 gallons spilling.

Although the incident did not cause direct harm to human health, many of the key facts remain in dispute, including the exact day the diesel lines were ruptured. Day and Sons drilled on December 3, 6 and 7.

D.M. Bowman and Day and Sons dispute whether the latter requested information about utility lines or said where it was going to drill; the direction in which it drilled on those three days is also unresolved.

“Bowman takes its environmental responsibilities seriously, was not found to be at fault, and is committed to remediating the release with MDE,” Samantha Bodnar, president of D.M. Bowman, told The Daily Record in a brief interview.

Kevin Day, founder and president of Day and Sons, declined to comment. A spokesman for Potomac Edison also declined to comment.

The state sued the two companies for the spill in 2023, alleging that D.M. Bowman failed to properly maintain inventory records and investigate unusual operating conditions, which led to the spill being unreported for days. In an amended complaint, the state added Potomac Edison as a defendant.

More than 2,800 gallons of diesel have been recovered, according to MDE. The rest of the oil may be difficult to find, due to limestone and other geological features of the area.

“Diesel spills contaminate groundwater and threaten the health and safety of our communities,” Maryland Attorney General Anthony Brown stated in a press release. “This $360,000 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.”

“This consent decree demonstrates Maryland’s unwavering commitment to holding polluters accountable,” Maryland Environment Secretary Serena McIlwain added.

“While progress has been made in recovering the diesel fuel,” she continued, “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.”