The Maryland Department of the Environment says it plans to sue Mirant Mid-Atlantic and Mirant Maryland Ash Management over disposal of fly ash at its Brandywine site. MDE Secretary Shari Wilson said in a statement Friday that Mirant discharges pollutants from leachate into groundwater without a permit. New state regulations took effect in December 2008, but MDE says it has not been able to reach agreement with Mirant on compliance schedules. The department says it will file notice under the Clean Water Act alleging water pollution violations. The Department of the Environment says the groundwater and surface water contamination do not appear to pose an immediate risk to public health. A spokeswoman said Mirant does not comment on pending litigation, but the company believes it is in full compliance with existing MDE permits.

- Associated Press