Maryland DEQ and AG Obtain $360k Settlement for Diesel Fuel Release

mde

Filed December 26th, 2025

Detected March 17th, 2026

Summary

The Maryland Department of the Environment and Attorney General's Office have secured a $360,000 settlement with D.M. Bowman, Inc., Day and Sons, Inc., and The Potomac Edison Company. This settlement resolves a complaint regarding a 2021 diesel fuel release in Frederick County, Maryland, and will fund the state's oil spill response capabilities.

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What changed

The Maryland Department of the Environment (MDE) and the Attorney General's Office have finalized a Consent Decree with D.M. Bowman, Inc., Day and Sons, Inc., and The Potomac Edison Company, resulting in a $360,000 settlement. This action addresses a diesel fuel release that occurred on December 6, 2021, from a site in Frederick County, Maryland, where approximately 7,688 gallons of diesel were discharged into groundwater. The settlement also requires continued investigation and recovery of the spilled fuel, and compliance with underground storage tank regulations.

This settlement requires the three companies to pay $360,000 to the Maryland Oil Disaster Containment, Clean-Up, and Contingency Fund. Regulated entities involved in similar operations, particularly those managing underground storage tanks or involved in construction activities near fuel lines, should review their compliance protocols. While no direct harm to human health has been identified, the long-term environmental impact and recovery efforts are ongoing, underscoring the importance of robust spill prevention and response planning.

What to do next

Review compliance protocols for underground storage tank systems.
Assess and enhance spill prevention and response plans for diesel fuel releases.

Penalties

$360,000 in penalties to the Maryland Oil Disaster Containment, Clean-Up, and Contingency Fund.

Source document (simplified)

Maryland Attorney General’s Office and Maryland Department of Environment Obtain Settlement Concerning 2021 Diesel Fuel Release in Frederick County

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.