Private Drinking Well Contaminated By Adjacent Commercial Disposal System: Recourse Against Commercial Property?

Location: Maryland

Summary of Situation:

The Contamination:
-My private drinking well (approx. 175 ft deep in Piedmont fractured crystalline bedrock) shows severe chemical impacts, including high chloride (933 mg/L), sodium (489 mg/L). The water tastes very salty.

-Testing also detected 551 ng/L of Acesulfame Potassium (Ace-K), a synthetic human-waste marker originating from diet soda consumption that passes through the body unmetabolized.

-The adjacent commercial waste disposal system is located 100 feet from my well and is a crab house that presumably introducing massive quantities of salt (from steaming crabs) directly into its disposal field. Also, significant amounts of waste diet soft drinks accounting for the Ace-K.

Exclusions & Process of Elimination:
-A Maryland State Highway Administration (SHA) Engineering Geology Division report formally ruled out state road salt runoff due to local topography and hydraulic gradients. Pointed to commercial waste disposal as a potential source.

-A professional fluorescein dye trace study was conducted and confirmed a negative hydraulic connection from my own residential septic system, conclusively eliminating my property as the source.

-Adjacent owner will not permit a dye trace study nor will regulators require this be conducted. This test will reveal if a hydraulic connection is present.

The Regulatory Roadblock:

-State and local health regulators acknowledge the data but refuse to take action because the adjacent commercial disposal system meets nominal surface setbacks (100 ft) and shows no surface breakout. They rely entirely on standard code compliance, ignoring Piedmont fracture-flow mechanics and capture zones which can provide a high-speed hydraulic connection over these distances.

-Will not require a dye trace study to rule out hydraulic connection between the on-site disposal system and my well.

Damages:
-I must disclose this when selling house, severe damage to property value. Water fixtures, heater, plumbing, fail within few years due to accelerated corrosion.

-Required the installation of many water treatment systems include manganese/iron filter, high capacity reverse osmosis for drinking water and dishwasher, livestock water.

Specific Legal Questions for Guidance:

Viability of Nuisance / Tort Claim: In Maryland, does nominal compliance with septic setback regulations act as a complete shield against a private nuisance or strict liability pollution claim against an adjacent commercial property owner?

Standard of Proof: What kind of expert testimony (e.g., a licensed hydrogeologist specializing in fracture-flow) is typically required to survive a motion to dismiss or summary judgment in a private well contamination lawsuit when dealing with this type of situation? I would want permission for discovery which would allow me to dye trace their on-site disposal system to see if there’s a hydraulic connection to my well.

Administrative vs. Civil Remedies: Since regulators are deferring to code compliance, is civil litigation (seeking damages and an injunction/remediation) realistically the only path forward, or is there an administrative mechanism to compel a compliance order?

Thank you for any help you can provide!