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DEPARTMENT OF ENVIRONMENT v. SHOWELL

No. 61, September Term, 1987.

316 Md. 259 (1989)

558 A.2d 391

STATE OF MARYLAND, DEPARTMENT OF THE ENVIRONMENT v. JOHN DALE SHOWELL III.

Court of Appeals of Maryland.

June 2, 1989.

Attorney(s) appearing for the Case

Richard M. Hall, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Linda B. Duff, Staff Atty., on the brief), Baltimore, for appellant.

Raymond S. Smethurst, Jr. (Barbara R. Trader and Adkins, Potts & Smethurst, on the brief), Salisbury, for appellee.

Argued before MURPHY, C.J., ELDRIDGE, COLE, McAULIFFE, ADKINS, and BLACKWELL, JJ., and MARVIN H. SMITH, Associate Judge of the Court of Appeals (Retired), Specially Assigned.

COLE, Judge.

In the mid-1970s a significant sewage disposal problem developed in the West Ocean City area of Worcester County, Maryland. A high water table coupled with poor soil for disposing of sewage caused approximately half of the septic tanks actively used by homes and businesses in the area to fail at one time or another. As a result, untreated sewage was spilling into the groundwater of West Ocean City contaminating the drinking water and creating a public...

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