September 1, 2005
ELK MILLS MAN JAILED FOR ILLEGAL BURNING
Attorney General J. Joseph Curran, Jr. announced today that
Kenneth Miller, 51, of Elk Mills Road in Elk Mills, has
on two counts of air pollution. Judge Stephen Baker in the
District Court of Maryland for Cecil County sentenced Miller
ten days in jail.
The convictions were for fires on September 15, 2004 and January
12, 2005 when authorities responded to open fires on a lot in
Elk Mills where the CSX railroad tracks cross Elk Mills Road.
occasions demolition debris from mobile homes that had been transported
to the lot were burned and Miller was present at the scene. The
Cecil County Health Department had not authorized either of the
fires. Local health departments regulate burning to protect the
region’s air quality and to prevent hazardous materials from
Evidence introduced at trial established that Miller had been
cited by the Cecil County Health Department in 1998 for similar
violations and that he was presently under an outstanding order
from Cecil County to vacate the premises and clean up the property.
While imposing sentence, Judge Baker told Miller that he was
a common nuisance and that he was maintaining a “pigsty” in
addition to breaking the law by illegally burning. Judge Baker
sentenced Miller to two concurrent one-year jail sentences, but
suspended all but 10 days to serve, placed Miller on one year of
supervised probation and directed him to comply with the zoning
order that he vacate the premises.
The convictions follow an investigation conducted by the Environmental
Crimes Unit of the Office of the Attorney General and the Maryland
State Police. The case was referred to the Environmental Crimes
Unit by the Cecil County Health Department, which assisted in