BALTIMORE, MD (July 1, 2008) The Maryland Department of the Environment (MDE) Water Management Administration Compliance Program issued the following enforcement actions between April 1 thru June 30th 2008. These actions cover the counties of Worcester, Anne Arundel, Washington, Garrett, Charles, and St. Mary’s Counties.

“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.”

“The laws protecting Maryland’s surface and groundwaters are critical to meeting Maryland’s goals under the Chesapeake Bay Agreement,” said Governor Martin O’Malley. “I urge all citizens to follow Maryland’s laws to protect the Bay.”


Maryland law (environmental Title 16) requires that MDE be notified of potential impacts to tidal wetlands and waterways of the State. MDE will issue a license or give approvals authorizing the work before it begins. 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.

• Alan and Maryanne Meyers – Worcester County -- On June 10th, 2008, Eastern Shore compliance issued a Site Complaint and Order to Alan and Maryanne Myers of 2104 Riverbank Park Drive, Pocomoke, Worcester County. Compliance observed that Mr. Myers had constructed a 250-foot long timber bulkhead channel ward of the mean high water line without the required tidal wetlands authorization. We have requested that a plan and timetable be provided to the department outlining how the bulkhead will be removed.
• Askew W. Gatewood, Jr. – Anne Arundel County -- On June 2, 2008 a Consent Decree was filed in Anne Arundel Circuit Court requiring Gatewood to correct violations of Title 16 that occurred at his property located at 8401 Bay Road, Pasadena, Anne Arundel County. Gatewood is required to remove unauthorized fill material from State tidal wetlands and replace it with a properly designed and constructed stone revetment in accordance with a remediation plan to be approved by MDE. Gatewood must also pay $10,000 to the Maryland Tidal Wetlands Compensation Fund within 30 days of execution of the Consent Decree by the Circuit Court.
• Dennis Porter – Anne Arundel County -- On April 14, 2008 a Consent Decree was signed by Judge Hackner in Anne Arundel Circuit Court requiring Mr. Porter to correct violations of Title 16 that occurred at his property located at 316 Magothy Bridge Road, Pasadena, Anne Arundel County.

Maryland Environment Law Title 4 requires that a Soil Conservation District must approve a sediment control plan for any proposed land clearing, soil movement, and construction prior to construction, and the approval must be maintained for the life of the project. It further provides that it is unlawful for any person to introduce soil or sediment into waters of the State or to place soil or sediment in a condition or location where it is likely to be washed into waters of the State. Sediment is considered a pollutant under this statute.

• T.R. Weaver, Route 144 LLC, Waterway Construction Violation, Washington County - On May 29, 2008, the Maryland Department of the Environment issued a Site Complaint and Order to the owner, Route 144 LLC for unauthorized placement of concrete rubble within the 100-year floodplain of the Potomac River. The Order requires removal of all concrete rubble from the 100- year floodplain of the Potomac River placed at the site since the former Department of Natural Resources (DNR) Waterway Permit expired. The Order further requires stabilization of disturbed areas resulting from the removal. This site is located along Route 144, along the Western Maryland Rail Trail, east of the Town limits of Hancock.
• Concrete Restoration and Protection, Inc. – Anne Arundel County -- On April 10, 2008 penalty settlement was executed for a total of $5,400 for violations of Title 4 that occurred at the Annapolis City Marina, Annapolis, Anne Arundel County. The company had de-watered an excavation without the appropriate sediment controls installed into Backwater Creek. Payment was received on May 9, 2008 in full settlement.
• Ridge Valley Construction Company – St. Mary’s County -- On May 19, 2008 a settlement agreement was executed for penalty settlement of $5,200 for Title 4 violations and $1,200 for Title 9 violations that occurred at the Hermanville Addition to Greenbriar, Lexington Park, St. Mary’s County. The company had failed to maintain and implement an erosion and sediment control plan.

Maryland Environment Law Title 5 requires that a person obtain a permit from the Department to construct a waterway obstruction or change in whole or part the course, current, or cross section of any stream or body of water within the State. Waters of the State include all ponds, lakes, rivers, streams, and the floodplain of free-flowing waters determined by the Department on the basis of the 100-year frequency flood.

• New Germany State Park, Dam Repair Project Violation, Garrett County- On June 2, 2008, the Maryland Department of the Environment (MDE) issued a Site Complaint and stop-work Order to the Department of Natural Resources (DNR), Permittee and Carl Belt, Inc., the contractor for the dam repair project for failing to comply with conditions of Waterway Construction Permit 03-MR-0024 issued by MDE. DNR requested MDE assistance since the contractor installed the dam’s toe drain and temporary by-pass channel without having the Engineer-In- Charge (EIC) on site and present during these critical phases of construction and without prior MDE Dam Safety Division approval for modifications to the by-pass channel that would have impacted lake levels within the impoundment during construction. Follow-up engineering submittals by the consulting engineer in consultation with DNR and the contractor resulted in lifting the stop-work Order on June 4, 2008.

Maryland Law prohibits the discharge of any pollutant into waters of the State, including groundwater and surface waters, unless it is in accordance with a State Discharge Permit. This permit requires that permittees monitor wastewater discharges from their facilities and self report analytical data to MDE confirming compliance with established discharge effluent standards of the permit to demonstrate compliance with State water quality standards.

• Mirant Maryland Ash Management, LLC – Charles County On May 29, 2008, the Attorney General filed, on behalf of MDE, a civil Complaint for Injunctive Relief and Civil Penalties against Mirant Maryland Ash Management, LLC for alleged unlawful discharges of pollutants to waters of the State at Mirant’s Faulkner Fly Ash Disposal Facility located in Faulkner, Charles County. The order seeks civil penalties of up to $10,000 per day and remedial action to address groundwater contamination and violations of Maryland water quality standards in a tributary of Zekiah Swamp.

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