BALTIMORE, MD (October 7, 2008) – Today the Maryland Department of the Environment (MDE) announced twenty-three recent enforcement actions totaling $58,300 in response to violations of air quality and radiation protection requirements.
"The Maryland Department of the Environment's top priority is to protect public health. A consistent baseline of enforcement actions, which we are publicizing widely, not only helps prevent further risks to public health but also deters future violations," said MDE Secretary Shari T. Wilson.
MDE’s Air and Radiation Management Administration carries out mandates from the Federal Clean Air Act and administers air pollution monitoring, planning, and control programs to improve and maintain air quality. The Department also administers a radiation control program in conformance with federal law.
Air Pollution Enforcement Actions
Maryland law bans open burning during the hot, dry season from June 1 through September 1 when the potential for drought makes forests and meadows vulnerable to fires and there is potential for poor air quality due to high concentrations of ozone pollution.
Asbestos Violations
Asbestos, an industrial chemical that has been used in the United States for a wide range of purposes, has been found to cause cancer and can pose major health risks. Maryland laws and regulations limit public exposure to this hazardous substance. Maryland laws and regulations also require that asbestos removal be performed by a licensed contractor.
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2315 Saint Paul Street LLC, Corridor RF&S Real Estate LLC, and Erie Vera, LLC, Baltimore City
On August 19, MDE and the Attorney General issued an Opportunity to Settle Letter to three parties involved in a renovation project. MDE inspectors observed asbestos-containing material being removed by a non-licensed contractor, resulting in multiple violations including worker protection, notification, removal, and disposal. The Department initiated enforcement proceedings and is seeking a penalty.
Anhydrous Ammonia Violations
Anhydrous ammonia is a chemical used largely for agricultural purposes. While non-threatening at low levels of exposure, it does have the potential to become life threatening at higher levels and for a given duration of time. Maryland’s regulations protect citizens from exposure to this potentially dangerous substance.
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Air Products and Chemicals, Inc., Baltimore County
On August 22, MDE and the Attorney General issued an Opportunity to Settle Letter to address air quality violations due to a release of anhydrous ammonia from a relief valve vent line that resulted in off-site ammonia concentration above what is allowed by MDE’s air quality regulations. The Department initiated enforcement proceedings and is seeking a penalty.
Gasoline Vapor Violations
Gasoline vapor recovery at gas stations is essential to protecting air quality. Maryland has strict air quality regulations that require the proper recovery of gasoline vapors when refueling vehicles.
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H&S Bakery, Baltimore City
On August 26, MDE issued a Notice of Proposed Civil Penalty for $20,800 for air quality violations associated with failure to conduct Stage II gasoline vapor recovery testing at a fueling site for fleet vehicles.
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Woodmoor Getty, Montgomery County
On September 2, MDE received payment of $1,500 from Woodmoor Getty for an Administrative Settlement Letter issued for violations of Stage II vapor recovery requirements.
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Sunshine Chevron, Montgomery County
On September 8, MDE issued a Corrective Order addressing violations of Stage II vapor recovery requirements.
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Kensington Econoway, Montgomery County
On September 10, MDE received payment of $750 as the result of an Administrative Settlement Letter issued for violations of Stage II Vapor Recovery requirements.
Radiation Enforcement Actions
Users of technologies that employ radiation, such as medical and industrial X-ray equipment and devices that contain radioactive material, must meet strict requirements to protect public health. These requirements lay out in detail various performance requirements for X-ray machines, precautions for staff who operate the machines and devices, licensing of the sources of the materials used, and documentation. Violations found in any of these cases may result in the assessment of some form of financial penalty. It is important to note that while the violations described below warrant the assessment of a penalty, there were no resulting impacts on the health and safety of the patients or staff at any of these facilities.
The following facilities were found to be in violation of Maryland radiation control regulations relating to use of radiation machines:
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University of Maryland Medical System, Greenbaum Dental Facility, Baltimore City
On August 28, MDE issued a Complaint, Order and Penalty for $1,000.
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Dwimoh & Parker, D.D.S., Baltimore City
On September 8, MDE issued a Complaint, Order and Penalty for $2,000.
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Eastern Chest Clinic, Baltimore City
On August 29, MDE sent a settlement offer for $250.
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Mitcherling, Mitcherling & Johnson, D.D.S., Baltimore City
On September 8, MDE issued a Complaint, Order and Penalty for $6,000.
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Paul Apostolo, M.D., Baltimore City
On August 29, MDE sent a settlement offer seeking a penalty for $250.
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Bryant Pediatric Dentistry & Orthodontics , Baltimore County
On August 5, MDE issued a Complaint, Order and Administrative Penalty for $8,000.
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Country Ridge Dental Associates , Baltimore County
On August 27, MDE sent a settlement offer seeking a penalty for $1,000.
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Ivan S. Fried, D.D.S., Baltimore County
On August 26, MDE issued a settlement offer seeking a penalty for $500.
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Lewis S. Libby, D.D.S., Baltimore County
On August 8, MDE issued a Complaint, Order and Penalty seeking a penalty for $4,000.
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Thomas J. Ritter, D.D.S., Baltimore County
On August 8, MDE issued a Complaint, Order and seeking a penalty for $4,000.
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Mt. Airy Chiropractic Center, Carroll County
On August 29, MDE sent a settlement offer seeking a penalty for $250.
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Dougherty Dental Corp., P.A., Montgomery County
On August 29, MDE issued a settlement offer seeking a penalty for $500.
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Germantown Urology Center, LLC, Montgomery County
On August 29, MDE sent a settlement offer seeking a penalty for $500.
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Metro Orthopedics & Sports Therapy, Montgomery County
On August 8, MDE issued a settlement offer seeking a penalty for $250.
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R. Scott Nichols, D.D.S., Montgomery County
On August 8, MDE issued a Complaint, Order and Penalty seeking a penalty for $6,000.
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Taff and Levine, D.D.S., Montgomery County
On August 27, MDE sent a settlement seeking a penalty for $250.
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