BALTIMORE, MD (December 26, 2025) – Attorney General Anthony G. Brown and Department of the Environment Secretary Serena McIlwain announced today that the Circuit Court for Frederick County has entered a Consent Decree between the Maryland Department of the Environment (Department), D.M. Bowman, Inc., (Bowman) Day and Sons, Inc., (Day and Sons) and The Potomac Edison Company (Potomac). The Consent Decree resolves a complaint filed by the Department on June 14, 2023, concerning the discharge of diesel from the site, located at 6816 English Muffin Way, Frederick, Maryland, into the underground waters of the state.
“Diesel spills contaminate groundwater and threaten the health and safety of our communities,” said Attorney General Brown. “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,” said Maryland Department of the Environment Secretary Serena McIlwain. “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.”
The site is owned and operated by Bowman, which conducts a transportation, warehousing, and logistics business on the site. Day and Sons is an underground utility construction company that was performing subgrade horizontal drilling on the site relative to the installation of an electric line for Potomac.
The Department alleged that on or about December 6, 2021, Day and Sons performing subgrade horizontal drilling work on behalf of Potomac severed two underground diesel supply lines at the site resulting in the release of approximately 7,688 gallons of diesel fuel. Since the release, about 2,802 gallons of diesel have been recovered. Determining the extent of the spill may take several years. To date, no direct harm to human health has been identified and it is unknown whether the missing fuel will ever surface and/or be recovered due to the unique geology of the area.
The Department alleged that Bowman was also in violation of numerous provisions of the Code of Maryland Regulations (COMAR) pertaining to the use and maintenance of its underground storage tank (UST) systems at the time the release occurred.
The Consent Decree requires Bowman to continue investigating and recovering diesel at the site and to develop internal policies demonstrating its understanding and intended compliance with COMAR. As part of the Consent Decree, the three defendants will together pay $360,000 in penalties to the Maryland Oil Disaster Containment, Clean-Up, and Contingency Fund.
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