BALTIMORE, MD (September 13, 2007) – On July 31, 2007 the Maryland Department of the Environment issued to BBSS, Inc. (BBSS) and Constellation Power Source Generation, Inc. (CPSG) a draft consent decree that requires BBSS to remediate ground water contamination resulting from fly ash reclamation operations at the Waugh Chapel and Turner gravel pits owned by BBSS. The proposed consent decree requires the defendants to clean up groundwater contamination at the site. It requests the defendants to provide public water or new deep wells to affected residents. The proposed consent decree would also prohibit continued deposition of fly ash at the site until a properly lined containment area is constructed. The proposed consent decree would require the operator to continue monitoring the groundwater at the site to assess the effectiveness of remediation efforts. The operator would be required to investigate, design, and install additional measures to contain the plume and remediate the groundwater to prevent any future adverse impacts. The proposed consent decree also includes a significant civil penalty for alleged violations of the mining permits and water pollution control laws. The Maryland Department of the Environment has established a 60-day deadline to complete negotiations with BBSS and Constellation Power Source Generation, Inc. If there is not a final mutually agreeable resolution by October 1, 2007, the Maryland Department of the Environment expects to file a complaint with the Circuit Court.

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