The Anne Arundel County Council Monday unanimously approved extending by one-year a ban on dumping coal fly ash within the county.

The council’s action lengthens the current ban, which was set to expire this fall, until October 2009 on using fly ash, the byproduct of a power plant’s coal combustion process, as infill material.

The ban started last October in Gambrills after county inspectors found some wells contaminated with heavy metals such as arsenic. Dozens of other wells were found with high levels of lesser contaminates such as aluminum.

Fly ash was used to fill in empty sand and gravel pits.

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The Maryland Department of the Environment has proposed regulations on fly ash use, but those rules have yet to become official statutes.

“There is no state or federal protection absent of what this administration and council does,” said Fran Phillips, the county’s health director.

The ban, introduced by County Executive John R. Leopold, doesn’t stop other uses of fly ash, mainly use in concrete, asphalt and brick-making mixtures. Anne Arundel is home to the second and third largest coal power plants owned by Constellation Energy, whose fly ash polluted the wells in Gambrills.

The ban also doesn’t stop dumping on the current permit at the Gambrills site, located off of Route 3 near the Villages of Waugh Chapel shopping center. However, a consent decree between MDE, Constellation and BBSS Mining, the company using the fly ash to fill in the pits, prohibits the dumping of ash.

“I am hopeful that this extension will give the state enough time to get the necessary regulations in place to protect Marylanders from this harmful, carcinogenic hazard,” Leopold said in a statement.

Some were concerned that the ban would need to be extended again next fall.

“This is an opportunity to use the bully pulpit to beat the drum on this issue,” said Councilman Ed Reilly, R-Crofton.

BBSS Mining has filed a permit application to start mining another gravel pit in that area, county officials said.

Reilly that MDE has not included the county in its discussions on the Gambrills site or the fly ash regulations. There were three county delegates and a state senator in the audience.

Del. Don Dwyer, R-Anne Arundel, told the council to draft a letter to the county delegation citing their lack of involvement in the state’s action.

“I will look into this, as well as my colleagues,” Dwyer said.

jflanagan@baltimoreexaminer.com