Constellation, BBSS to Pay Hefty Fine and Clean Up
Contaminated Site in Anne Arundel County

BALTIMORE, MD (October 1, 2007) – Attorney General Douglas F. Gansler today announced the State has signed a Consent Order requiring Constellation Power Source Generation, Inc. (“Constellation”) and BBSS, Inc. (“BBSS”) to pay a $1 million penalty and clean up contamination from fly ash disposal at a site in Anne Arundel County. Under the terms of the Consent Decree, Constellation and BBSS are required to remediate groundwater contamination resulting from fly ash reclamation operations at the Waugh Chapel and Turner gravel pits owned by BBSS, replace drinking water supplies in the vicinity of the site, monitor groundwater conditions, and pay the $1 million penalty.

“Companies will not be allowed to endanger the health of our citizens and the environment without being held accountable,” said Attorney General Gansler. “Working with the Maryland Department of the Environment, we will aggressively enforce the State’s laws so that violators will pay when they pollute our communities”

Specifically, the Consent Decree requires Constellation and BBSS to investigate, design, and remediate groundwater contamination according to plans to be reviewed and approved by the Maryland Department of the Environment. BBSS and Constellation have already provided temporary connections to the County water supply for six residences. Under the decree, those homes and 34 other properties will be provided alternate water supplies. The State is also requiring Constellation and BBSS to conduct on-going monitoring of groundwater and to develop and implement a community relations plan to keep the public informed of their progress.

The Maryland Department of the Environment is currently investigating citizen’s concerns regarding dust and air pollution from the facility. The Consent Order does not limit the State’s ability to require the correction of any such violations that may exist at the site.