State sues two companies over 2021 diesel fuel spill in Frederick

Gabrielle Lewis, The Frederick News-Post, Md.
2 min read
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Jun. 15—The Maryland Attorney General's Office on Thursday said it is suing two companies, seeking to hold them responsible for a 2021 diesel fuel spill of over 7,000 gallons in Frederick.

The lawsuit was brought on behalf of the Maryland Department of the Environment against D.M. Bowman Inc., and Day and Sons Inc.

In December 2021, the Maryland Department of the Environment (MDE) received a report of a release of diesel fuel from D.M. Bowman's Frederick facility.

MDE determined that the spill occurred when Day and Sons struck the D.M. Bowman facility's underground diesel lines while drilling.

D.M. Bowman is a transportation, warehousing and logistics company. Day and Sons is a drilling and utility construction company.

Over 7,000 gallons were estimated to have been spilled from Dec. 1 to Dec. 7, but investigation of the incident is still ongoing, according to a news release from the MDE and the Maryland Attorney General's Office on Thursday.

Kevin Day, the president of Day and Sons, declined to comment.

D.M. Bowman did not immediately respond to requests for comment.

In an inspection report from Dec. 18, 2021, which MDE spokesperson Jay Apperson provided to The Frederick News-Post, several borings were installed around the damaged piping at the D.M. Bowman facility to help inspectors initially evaluate the extent of suspected petroleum contamination.

At the time the report was made, the report noted that one of the borings had a noticeable petroleum smell in the groundwater near the bottom of the boring.

Apperson said there are multiple inspection reports in connection with the spill.

In the complaint, MDE asks the court to enter injunctions requiring the companies to remediate damage to the environment due to the spill and comply with any conditions imposed by the department. The department seeks civil penalties for violations of Maryland's oil control pollution laws.

MDE alleges that D.M. Bowman failed to investigate what it called unusual operating conditions at the facility and properly maintain inventory records, which led to the spill being unreported for several days, and it failed to submit a site characterization report to the MDE.

"The negligence displayed by these two companies demonstrate a complete disregard for our environment and the well-being of our communities," Maryland Attorney General Anthony Brown said in the release.

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