(10/7) The investigation into a pollution incident that occurred in October off North Seton Avenue has been closed, after investigators were unable to determine who the responsible party or parties might have been.

The illegal dumping occurred just north of the town limits on October 9 behind Rube's Crab House, on North Seton, according to an incident report filed with the state Department of the Environment (MDE) by Angelia Miller, a project manager with the county Office of Sustainability & Environmental Resources (SER). Miller further stated in the incident report that the estimated amount of septic spill was 250-300 gallons.

Jay Apperson, deputy director, MDE Office of Communications, stated that being the incident occurred behind the crab house, the restaurant was absolved of any responsibility, which was further reinforced by Shannon Moore, manager, Sustainability and Environmental Resources, Office of the County Executive, who stated, "There is no evidence to connect this spill to the business."

Apperson also said that the "Frederick County Illicit Discharge Detection and Elimination (IDDE) Program investigated jointly with the Town of Emmitsburg wastewater superintendent."

"IDDE staff and Frederick County fire department did testing to conclude that the discharge was septage," he said, while Cathy Willets, town manager, said, "The majority of the sewage had already seeped into the ground so it was recommended by staff, county and MDE to spread lime on the site," in order to disperse the spillage, and to prevent it from spreading.

Evidence, other than the septic material itself, was found at the scene in the form of a blue, rubber hose, which investigators stated they believed had been used to discharge the septage from whatever it had been transported in.

Flat Run, although located near the spill site, was not impacted. Moore stated, "This spill did not make its way to a waterway, (but) it was headed in the direction of a culvert that would connect to Flat Run."

Moore further said, "We do not have an indication of who deposited this material. The County Council passed legislation in the past year that allows us to issue civil citations and penalties when we know the responsible entity. In this case, we do not," adding, "It (the investigation) is concluded without a responsible party having been determined."

Apperson said the crab house management indicated they plan to install a security camera to monitor the area around their property.