BALTIMORE, MD (December 9, 2008) – Today the Maryland Department of the Environment (MDE) announced fifty recent enforcement actions resulting in penalties totaling $1,239,050 in response to violations of MDE requirements for air and radiation and waste management.

“The Maryland Department of the Environment’s top priority is to protect public health,” said MDE Secretary Shari T. Wilson. “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. As MDE works toward our goal to eliminate childhood lead exposure by 2010, a key component is ensuring that property owners are in compliance with State laws.”

Waste Management Enforcement Actions

MDE’s Waste Management Administration works to reduce the quantity and toxicity of generated wastes through recycling and source reduction, to ensure the control and proper disposal of waste, to assure that oil is handled in an environmentally safe manner, and to assure that contaminated sites are remediated for viable economic development.

Lead Cases

MDE’s Lead Poisoning Prevention Program serves as the coordinating agency for statewide efforts to eliminate childhood lead poisoning. Under the 1994 “Reduction of Lead Risk in Housing Law,” MDE assures compliance with mandatory requirements for lead risk reduction in rental units built before 1950; maintains a statewide listing of registered and inspected units; and provides blood lead surveillance through a registry of test results of all children tested in Maryland.

The following actions were for properties out of compliance with lead risk reduction standards:

• Housing Authority of the City of Annapolis, Annapolis, Anne Arundel County

  1 affected property – On November 13, 2008, MDE issued an Agreement seeking $8,000.

• Wilfredo B. and Magdelena F. Figueroa, Baltimore and Pasadena, Anne Arundel County

  22 affected properties – On October 3, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $50,000.

• Bassam A. Mohamed, Baltimore City

  7 affected properties – On October 3, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $33,000.

• Carl D. Smith, Baltimore City

  6 affected properties – On October 3, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $36,000.

• Omobola Osunfisan, Baltimore City

  4 affected properties – On October 6, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $16,000.

• Jubilee Baltimore, Inc. and Whetstone Development Partners, Inc., Baltimore City

  10 affected properties – On October 7, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000.

• Raygan Johnson, Baltimore City

  1 affected property – On October 7, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $22,000.

• Anthony B. Brown, Baltimore City

  15 affected properties – On October 7, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $43,000.

• James E. Cann, Baltimore City

  1 affected property – On October 15, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $75,000.

• Brett Silva and Edward Silva, Baltimore City

  1 affected property – On October 16, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $26,000.

• Nancy V. Jackson, Baltimore City

  11 affected properties – On October 16, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $37,500.

• James Francis Mullin, Jr., Baltimore City

  1 affected property – On October 16, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $10,500.

• Lawrence D. Rose, Baltimore City

  1 affected property – On October 16, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500.

• Jacqueline Asiedu, Baltimore City

  1 affected property – On October 16, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $13,000.

• Michael L. Rogers, Baltimore City

  2 affected properties – On October 16, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000.

• Charles M. Davis, Baltimore City

  3 affected properties – On October 20, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $31,500.

• Allen D. Schaffer, Tae Shin Schaeffer, and Jay Wantz, Taneytown, Carroll County

  2 affected properties – On October 20, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $45,000.

• Theodore Jones, Jr., Baltimore City

  2 affected properties – On October 20, 2008, MDE issued an Administration Complaint, Order and Penalty seeking $20,000.

• Ruth E. Pfeiffer, Baltimore City

  4 affected properties – On October 20, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $17,000.

• Joseph M. Showell, Baltimore City

  9 affected properties – On October 20, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $33,000.

• Mt. Royal Properties, LLC, Baltimore City

  1 affected property – On October 24, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $11,000.

• Tracey Stewart, Baltimore City

  2 affected properties – On October 24, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $13,750.

• Craig E. Ralston, Baltimore City

  1 affected property – On October 24, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000.

• Kayvonne Whyte, Baltimore City

  7 affected properties – On October 30, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500.

• Yvonne Taylor and Antionette Taylor, Baltimore City

  1 affected property – On October 31, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000.

• Damian E. Odoh, Baltimore City

  3affected properties – On November 7, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $35,000.

• Alexios Papavasiliou and Estate of Georgia Papavasiliou, Baltimore City

  2 affected properties – On November 7, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000.

• James A. Walsh and Robin Walsh, Hagerstown, Washington County

  2 affected properties

  On November 7, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500.

• Donald McArthur, Baltimore City

  14 affected properties – On November 13, 2008, MDE issued a Settlement Agreement seeking $6,000.

• Monroe J. and Sylvia Smith, Cambridge, Dorchester County

  4 affected properties – On October 2, 2008, MDE issued an Amended Settlement Agreement and Consent Order seeking $12,000.

• Richard Layman and Francis Lillian Layman, Frederick, Frederick County

  1 affected property – On October 24, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $40,000.

• Charles and Nancy W. Atkinson, Pocomoke, Somerset County

  2 affected properties – On October 24, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $22,000.

• Eric Olson and Laura Olson, Easton, Talbot County

  1 affected property – On October 24, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $13,000.

• Joseph D. Schwaninger, Easton, Talbot County

  8 affected properties – On October 27, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $38,000.

• Eric A. Hummel, Easton, Talbot County

  1 affected property – On October 31, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500.

• Kip Neil Young, Hagerstown, Washington County

  1 affected property – On October 16, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $17,000.

• Eric Sessoms, Salisbury and Delmar, Wicomico County

  5 affected properties – On October 3, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $31,500.

• TFN Holdings, LLC., Salisbury, Wicomico County

  2 affected properties – On October 24, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500.

Oil Cases

The Oil Control Program has highly trained staff to help companies and individuals ensure that their underground storage tanks (USTs) are in compliance with State and federal regulations. All regulated USTs within Maryland are required to be registered through the Underground Storage Tank Notification Program. All USTs storing motor fuels (e.g., gasoline, diesel) must meet specific technical standards (corrosion protection, spill/overfill prevention, leak detection and financial responsibility) or be removed from the ground.

• Hahn’s Amoco, Cavetown, Washington County

  On October 16, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $7,000 for failing to have UST’s inspected.

• Howard’s Market Inc., North East, Cecil County

  On October 30, 2008, MDE issued a Complaint seeking $100,000 for violating UST regulations.

• Zaidi Petro, Inc., North East, Cecil County

  On October 30, 2008, MDE issued a Complaint seeking $100,000 for violating UST regulations.

  Any person who transfers any volume of non-edible oils into Maryland requires an oil transfer license. The licensee must submit quarterly reports indicating the volume and method of oil transferred into the State. A fee per barrel of oil transferred into the State is assessed at the first point of transfer and paid quarterly. Funds received as oil transfer fees are used to fund the State’s oil control and spill response activities.

• Stallings Oil Company

  On October 28, 2008, MDE issued a Complaint seeking $11,000 for failure to comply with oil transfer license fee requirements.

Solid Waste Cases

MDE regulates solid waste acceptance facilities to ensure the proper disposal of solid waste in an environmentally acceptable manner while protecting the public health and the environment, including surface and groundwater. Of particular concern is containing leachate, a liquid formed when precipitation soaks into the ground and migrates downward through waste, picking up pollutants. Uncontrolled leachate can contaminate ground and surface waters.

A Refuse Disposal (RD) Permit is required for the installation, alteration, or extension of a solid waste acceptance facility. The RD Permit regulates the design, construction, operation, and monitoring of such facilities to minimize the impact on public health and the environment. Municipal, rubble, and some industrial waste landfills are required to have liners and leachate collection systems that facilitate the collection of leachate to prevent it from contaminating drinking and surface waters. In addition, processing and transfer activities are usually required to be conducted in an enclosed building to control odor, dust, and noise.

• Harford County, Maryland

  On November 10, 2008, MDE issued a Complaint, Order and Penalty seeking $10,000 for violating RD Permit requirements.

Air Pollution Enforcement Actions

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.

Asbestos Violations

Asbestos is a naturally occurring mineral that has been widely used in the United States for a wide range of purposes including construction materials, auto parts, and fire protection. However, asbestos can pose major health risks, including lung cancer, primarily through inhalation of the fibers. Maryland laws and regulations limit
public exposure to this hazardous substance, require that asbestos removal be performed by a licensed contractor, and require that contractors take steps such as wearing respirators to limit exposure.

• MARCOR Remediation, Inc., Sudlersville, Queen Anne’s County

  On October 17, 2008, MARCOR paid $1,500 for violations of asbestos regulations. MDE inspectors observed that workers failed to wear suits/respirators in a controlled area and failed to erect critical barriers around an asbestos worksite.

• Asbestos Specialists, Inc., Landover, Prince George’s County

  On October 27, 2008, Asbestos Specialists paid $750 for an Administrative Settlement Letter issued for violations of asbestos regulations. MDE inspectors observed that workers failed to use plastic sheeting on the floor at the worksite.

• The Environmental Group, Inc., Catonsville, Baltimore County

  On October 29, 2008, The Environmental Group paid $750 for violations of asbestos regulations. MDE inspectors observed that workers failed to wear suits/respirators in a controlled area.

Gasoline Vapor Violations

Vapors from hydrocarbons such as gasoline are a major cause of ground-level ozone pollution, or smog. Regulating gasoline vapor recovery at gas stations is a critical component of Maryland’s efforts to meet air quality standards. Maryland has strict air quality regulations that require the proper recovery of gasoline vapors when refueling vehicles.

• BP, Havre De Grace, Harford County

  On October 28, 2008, MDE received payment of $1,500 for violations of Stage II Vapor Recovery requirements.

• Shell, Capitol Heights, Prince George’s County

  On October 30, 2008, MDE received payment of $1,500 for violations of Stage II Vapor Recovery requirements.

• H&S Bakery, Baltimore City

  On November 10, 2008, MDE issued a Notice of Assessed Civil Penalty in the amount of $18,800 for air quality violations associated with failure to conduct Stage II gasoline vapor recovery testing at its fueling site for fleet vehicles.

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.

• Neutron Products, Inc., Dickerson, Montgomery County

  On November 5, 2008, MDE signed a Settlement Agreement for violation of radiation control regulations. An employee of NPI was overexposed to radiation while on an NPI job outside the United States. A penalty in the amount of $20,000 was agreed to, and modifications to NPI’s procedures and equipment have been made. Neutron Products paid the first penalty installment of $6,000 on November 5, 2008.

  In Fiscal Year 2008 the Maryland Department of the Environment had a total of 2,699 enforcement actions, a 34 percent increase over Fiscal Year 2007 and the highest number since reporting began in 1998. During Fiscal Year 2008 MDE collected a total of $3,968,775 in penalties from environmental polluters, the most collected in a single year by the Agency.

###

​