BALTIMORE, MD (August 22, 2007) – The Maryland Department of the Environment (MDE) Water Management Administration Compliance Program issued the following enforcement actions between June 8 and August 15, 2007. As a result of prior enforcement action, during the period July 15, 2007 to August 17, 2007, MDE collected an additional $31,687.50 to the Maryland Clean Water Fund in resolution of alleged water pollution violations from nine facilities and $16,925.00 to the Maryland Sediment Fund in resolution of alleged sediment control and sediment pollution violations from four sites

• Robert P. Floyd, III and Laura L. Floyd, Anne Arundel County

  On June 8, 2007, the Office of the Attorney General filed, on behalf of MDE, a civil complaint in the Circuit Court for Anne Arundel County against Defendants Robert and Laura Floyd, seeking injunctive relief to require the Floyds to comply with the requirements of a tidal wetlands license issued for a sand fill area on their property located at 713 Harness Creek View Road, Annapolis, Maryland. MDE requests the Court issue an order requiring Defendants plant the entire nonvegetated sand fill area in accordance with the license within 15 days with appropriate species of marsh vegetation and maintain at least 85% of the vegetative cover for a period of no less than 3 years.

• Brickyard Land Holding, LLC, Kent County

  On July 9, 2007, the Office of the Attorney General, on behalf of MDE, filed a civil complaint in the Circuit Court for Kent County against Defendant Brickyard Land Holding, LLC, for violations of Maryland’s tidal wetlands, waterway construction, sediment control and sediment pollution laws at property located at 100 Brickyard Road in Chestertown, Maryland. MDE is seeking injunctive relief requiring Defendant to stop all earth moving activities at the property and restore the site.

• Charles County Commissioners, Charles County

  On July 10, 2007, MDE finalized an administrative consent agreement with Charles County regarding improvements to the Swan Point Wastewater Treatment Plant located in Issue, Maryland. Under the terms of the consent agreement, Charles County has agreed to complete construction and start up operations of a new wastewater treatment plant by December 31, 2007 that will provide Enhanced Nutrient Removal (ENR) capabilities. The consent agreement establishes interim performance standards for certain NPDES permit effluent limits and stipulated penalties for violations of milestones and effluent limits that occur during the pendency of the consent agreement.

Water and Sediment Pollution Penalties – Statewide

• Dorchester County, Maryland

  On July 12, 2007, the Office of the Attorney General, on behalf of MDE, filed a civil complaint for injunctive relief in the Circuit Court of Dorchester County against Dorchester County for violations of water pollution control laws at the former New Earth Services, Inc. Composting Facility located on Galligher Farm Road near Hurlock, Maryland. The action seeks injunctive relief to require Dorchester County to comply with a final administrative order and approved closure plan that required clean up and restoration of all composting operations at the site by July 1, 2007. The action requests the court issue an order requiring the County to immediately remove all compost and vegetatively stabilize the site.

• Shahi International Investments, Inc., Caroline County

  On July 13, 2007, MDE filed an administrative complaint, order and penalty against Defendant Shahi International Investments, Inc. regarding violations of water pollution control laws at the Cedar Mobile Home Wastewater Treatment Plant located at 18240 Lepore Road in Marydel, Maryland. The order requires the owner submit a detailed compliance plan for review and approval within 20 days describing the actions to be taken to correct NPDES permit effluent limitations, monitoring and reporting violations. An administrative penalty of $45,000 has been assessed in this case.

• Terry E. Hale, Sr., Garrett County

  On July 29, 2007 MDE filed an administrative penalty assessment against Terry E. Hale, Sr. for violations of sediment control, sediment pollution and water pollution control laws at property owned by Mr. Hale located at 1305 Steidling Church Road, Swanton, Garrett County, Maryland. MDE is seeking a penalty of $11,600 in this case for conducting land disturbing activities without an approved sediment control plan or discharge permit and for placing pollutants in a position likely to pollute waters of the State.

• Mr. William Corace, Talbot County,

  On August 3, 2007, a site complaint was issued to Mr. William Corace for the unauthorized filling of tidal wetlands. Mr. Corace, through an as yet unidentified contractor, filled approximately 1 acre of vegetated tidal wetlands at his residence on the Miles River in Talbot County. Mr. Corace was ordered to remove the fill and to restore the grades to the pre-existing level, and to submit a plan for the Department's approval whereby tidal wetland vegetation would be planted. The Compliance Program intends to pursue a penalty in this case.

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