PRINCE GEORGE'S MAN AND D.C. COMPANY
SENTENCED FOR FLY ASH DUMPING

Attorney General J. Joseph Curran, Jr. announced today that a Prince George's County man and his company have been sentenced for illegally dumping fly ash. George E. Rodgers, Jr., age 38, of Mitchellville, Maryland, and Rodgers Brothers Custodial Service, Inc., a District of Columbia Corporation registered in Maryland, both entered guilty pleas to causing the dumping of solid waste in excess of five hundred pounds, at 6805 Bird Wing Place, Charles County, Maryland on January 31, 2003.

Rodgers Brothers Custodial Service, Inc. contracted with the United States Naval Surface Warfare Center to haul and dispose of the fly ash generated by the burning of coal at the Indian Head power plant. The company was required to take the ash to two specific recycling facilities in Washington, D.C., or seek the approval of the Navy to utilize a different facility. However, Rodgers made arrangements with a local landowner to dump the ash at the Bird Wing Place farm for use as fill. Neither Charles County nor the Maryland Department of the Environment gave Rodgers or his company any approval needed for such an activity. More than thirty truck loads of the ash were dumped at the farm.

Fly ash, while not hazardous waste, presents specific environmental concerns when it is not properly utilized or contained. One concern relates to heavy metals that are often present in the ash. When it is placed on land, it needs an array of controls to avoid becoming a pollutant. It is an erodable, relatively lightweight material with a high potential for causing sediment and erosion problems. It can also leach pollutants such metals and sulfate.

Judge Amy J. Bragunier, presiding in the Circuit Court for Charles County, sentenced George E. Rodgers, Jr. to a period of incarceration of one year, all suspended. She struck the guilty finding and placed Rodgers on probation before judgment. Rodgers was also ordered to pay a $10,000 fine, which was suspended. He will serve five years probation. Judge Bragunier sentenced Rogers Brothers Custodial Service, Inc. to five years probation and ordered it to pay a $15,000 fine.

This case was referred to the Environmental Crimes Unit of the Office of the Attorney General by the Naval Criminal Investigative Services. The case was investigated with the assistance of the Maryland State
Police, Maryland Department of the Environment, and Charles County authorities.

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