BALTIMORE, MD (April 9, 2008) – The Maryland Department of the Environment (MDE) Water Management Administration Compliance Program issued the following enforcement actions between March 1, 2008 and March 31, 2008. These actions cover the counties of Baltimore, Cecil, and Charles.

“Enforcing environmental laws is an important component of Maryland’s efforts to protect human health and the environment,” said MDE Secretary Shari T. Wilson. “We are indebted to our 132 inspectors who are responsible for enforcing Maryland’s environmental laws.”

Maryland law (Title 16) requires that MDE be notified of any work conducted in tidal wetlands and waterways of the State before starting any work. MDE will issue a license or give approvals authorizing the work to be conducted as appropriate. The regulations governing tidal wetlands were developed to protect the State’s natural resources that depend on unobstructed and open waterways and wetlands while allowing property owners reasonable access. The requirement that someone performing work in tidal wetlands apply to MDE for a license before starting construction ensures that an assessment of the impact to the tidal waters and the associated resources is made before the work is performed and that any impacts are minimized.

• Maryland Marina Properties, LLC, Charles County -- On March 19, 2008 the Maryland Department of the Environment executed a Settlement Agreement totaling $7,500 for dredging tidal waters without an authorization which is a violation of Title 16 which prohibits dredging without an authorization. The Settlement Agreement also requires the marina to sample the side cast dredge spoil and possibly have it removed pending the sample results. Payment was received in accordance with the Settlement Agreement.
• William F. Hays, Baltimore County – On March 25, 2008 the Maryland Department of the Environment issued a Site Complaint and Order to William F. Hays for violations of Title 16 which prohibit the construction a new bulkhead without authorization. Specifically a poured-in-place concrete bulkhead was constructed approximately 24’ channel ward of mean high water and approximately 40’ in length in State Tidal Wetlands without the required MDE authorization. The order directs Mr. Hays to immediately cease all unauthorized activities in State tidal Wetlands and to prepare a rectification plan for removal of the unauthorized structure and restoration of the shoreline.
• Donald Aquilano, Jr., Baltimore County- On March 20, 2008 the Maryland Department of the Environment issued a Site Complaint and Order to Donald Aquilano of Dakota Homes for violations of Title 16 which prohibit the construction a new bulkhead without authorization. Specifically, a poured-in-place concrete wall bulkhead approximately 24 feet channel ward of mean high water and 40 feet in length was constructed without authorization in waters of the State. The Order directs Mr. Aquilano to cease all activity at the project and to prepare rectification plan for removal of the structure.
• Herbert Ulrich, Baltimore County – On March 25, 2008 the Maryland Department of the Environment issued a Site Complaint to Herbert Ulrich for violations of Title 16, which prohibit the construction a new bulkhead without authorization. Specifically a poured-in-place concrete bulkhead was constructed approximately 24’ channel ward of mean high water and approximately 40’ in length in State Tidal Wetlands without the required MDE authorization. The order directs Mr. Ulrich to immediately cease all unauthorized activities in State Tidal Wetlands and to prepare a rectification plan for removal of the unauthorized structure and restoration of the shoreline.

Maryland law (Title 5) requires that MDE be notified of any work conducted in nontidal wetlands, their buffers, and waterways of the State before starting any work. MDE will issue a permit authorizing the work to be conducted as appropriate. The regulations governing nontidal wetlands were developed to protect the State’s natural resources that depend on those wetlands while allowing property owners reasonable use of their property. The requirement that someone performing work in nontidal wetlands apply to MDE for a permit before starting construction ensures that an assessment of the impact to the nontidal wetlands and the associated resources is made before the work is performed and that any impacts are minimized.

• Joseph and Stella Hayes, Cecil County -- On March 17, 2008 the Maryland Department of the Environment issued a site complaint and order under Title 5 to Joseph and Stella Hayes for failure to comply with conditions of nontidal wetlands authorization. The Hayes failed to obtain an approved sediment and erosion control plan prior to commencing construction activity on their property located in the Carpenters Point Community of Charlestown, Cecil County. It is expected that the Hayes will request a hearing on the matter.

Maryland law (Title 4) any property owner obtains an approved erosion and sediment control plan prior to performing an earth grading operation. Obtaining and implementing this approval the construction may perform activity in a manner that minimizes impacts to the aquatic resources that may result by sediment deposition. This approval is obtained through the local soil conservation district of the county in which the work is to be performed. The regulations governing construction projects were developed to protect the State’s natural resources while allowing property owners reasonable use of their property. The requirement that an individual obtain erosion and sediment control approval before starting construction ensures that an assessment of the impact of the work is made before the work is performed and that any impacts are minimized.

• Richard Meadows Farm, Cecil County -- On March 20, 2008 the Maryland Department of the Environment issued a Site Complaint for violations of Title 4 to the Richard Meadows Farm and to Comer Construction for the placement and grading of approximately 135,000 cubic yards of fill beyond the 20,000 cubic yards authorized in the farm management plan. Because the filling has resulted in runoff problems and there are potential nontidal wetland issues, the owner has been directed to install temporary interim sediment controls to contain any sediment on the property and to obtain engineered sediment control and stormwater management plans. The Meadows Farm is located outside of the Rising Sun Town Limits. The fill was obtained from the Martin’s Food Store project in Rising Sun.

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