Preview:

IN THE COURT OF APPEALS OF MARYLAND No. 87 September Term, 1998 ___________________________________________

SOARING VISTA PROPERTIES, INC. et al.

v.

BOARD OF COUNTY COMMISSIONERS OF QUEEN ANNE'S COUNTY et al. __________________________________________ Bell, C.J., Eldridge Rodowsky *Chasanow Raker Wilner Cathell, JJ. ___________________________________________ Per Curiam __________________________________________ Filed: December 8, 1999

*Chasanow, J., now retired, participated in the hearing and conference of this case while an active member of this Court but did not participate in the decision and adoption of this opinion.

Soaring Vista Properties, a wholly owned subsidiary of Wheelabrator Water Technologies, owns a 425.67-acre working farm in Queen Anne's County, known as Soaring Vista farm. Wheelabrator has fertilized the crops on this land with biosolids, or "sludge," since 1990. The treated sludge is transported to the farm from wastewater treatment plants owned by Wheelabrator throughout the State. Although the sludge is generated daily, in certain weather conditions it cannot be applied to the land. In order to ease its burden of sludge transportation and application, Wheelabrator proposed the construction of a sludge storage facility on its land in Queen Anne's County. The proposed facility consists of two 1.35 million gallon above-ground storage tanks. In accordance with State law, Wheelabrator filed an application for a "Sewage Sludge Utilization Permit" with the Maryland Department of the Environment (MDE) on December 29, 1994. See Maryland Code (1982, 1996 Repl. Vol.),

Download Soaring Vista v. Queen Anne's County.pdf

Maryland Law