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Aug. 12, 2010
Landowners residing near or adjacent to the wind turbine project of Synergics Energy Services LLC at Roth Rock just south of Red House have filed a petition asking for judicial review of the actions or inactions of three local agency heads.
Named as defendants in the petition, filed last Friday in Garrett County Circuit Court, are Reggie Breeding, stormwater management engineer for the Permits and Inspection Division, Planning and Land Development of the Stormwater Management Office; James Torrington, chief of that same agency; and John Nelson, director of the Garrett County Department of Planning and Land Development.
The petition alleges that the officials have failed to enforce the county’s stormwater management ordinance. Specifically, it alleges that Breeding has not conducted any inspections on the site of the Synergics wind project, nor has he submitted any written reports of inspections, which is in violation of the ordinance.
Further, it alleges that Breeding’s supervisors, Torrington and Nelson, have also violated the ordinance by not directing Breeding to conduct the required inspections, and that they have failed to enforce the ordiance by not suspending or revoking the permits that were granted to Synergics.
It notes that the ordinance provides that any grading permit may be suspended or revoked for various reasons, including: a violation occurs, site runoff characteristics change, or construction does not comply with the approved plan.
The petition states that “multiple violations have occurred on the Synergics wind project … which have been noted in a complaint filed by Eric Robison to Scott Boylan, the division chief of the Maryland Department of the Environment.”
