Aberdeen council approves preliminary plans for gas station in county wellhead area

After about an hour of debate and internal division Monday night, Aberdeen's city council approved preliminary plans for a Royal Farms gas station in Harford County's wellhead protection area.

Councilwoman Ruth Ann Young proposed tabling the vote until she could hear back from state officials regarding their thoughts on the plan, but the postponement was voted down by everyone except Councilwoman Ruth Elliott.

Several amendments proposed by Young in an attempt to further ensure the gas station's safety were also dismissed by other council members.

Royal Farms representatives, meanwhile, worked to prove the company was going above and beyond state requirements to ensure the environment would be protected in case of a gas spill at the 1.9-acre site at Route 7 and Newton Road.

John Dzwonczyk, of the Ohio-based JGD Associates Inc., which specializes in gas station design, explained the project would feature protection measures like triple-wall tanks (versus the double-wall ones required by the state), double-wall dispenser sumps, a raised spill containment area, third-party emergency monitoring, automatic shut-down upon sensor alarm and possible annual environment review by Aberdeen officials.

"We want to make sure from everyone's standpoint that this is a very environmentally sensitive project," Dzwonczyk said. "We are here primarily because Royal Farms wants to be a good corporate citizen with the types of projects it brings forward."

In answer to council members' questions, Dzwonczyk said the triple-wall tanks have been used by a handful of other gas stations around the country, but apparently never before by Royal Farms.

Jay Young, a lawyer representing the company, said Royal Farms has complied with everything expected of it.

"We are not looking for any zoning. We complied with all your requirements," Young said. "There was some confusion with the county drawing its wellhead into your jurisdiction, but they don't have any authority to impose [that]."

He also said the gas station would raise property tax income on the site from $14,000 to more than $133,000 annually.

"This is a significant positive economic impact for the city," Young said, adding he considered the tank protections to be "fairly extraordinary."

When Ruth Ann Young expressed concerns about ensuring the city would not have to pay in case of a gas spill, Jay Young was insistent that would not happen.

"There is an entire body of law of what happens if there is a spill," he said, noting there is also a civil remedy and extensive fines, as happened in the Jacksonville oil spill case. "You can rest assured that no fuel operator in his right mind wants to [risk that]."

Councilwoman Sandra Landbeck said she is willing to go against the planning commission's disapproval of this project, pointing out she was on that commission for 18 years and does not take the disagreement lightly.

Landbeck said she did not understand why the county waited until now to bring up the issue of the wellhead protection area.

"It takes a great deal to go against the planning commission's decision. In this case, they have made an incorrect decision," she said. "Ordinances exist for a reason. I don't think we can arbitrarily choose which ordinances we want to enforce or not…This is a perfectly acceptable plan. It certainly exceeds the MDE standards."

She said the county and planning commission have no business asking Aberdeen to respect the county's wellhead area.

"I think what they are asking us to do is not go with our ordinances," she said. "I think what they are asking us is irresponsible, if not unlawful and certainly unethical."

Landbeck did request that the city continue to discuss the ways in which the wellhead protection area and the city's wellhead areas overlap, which city manager Doug Miller said he would definitely be doing.

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