BALTIMORE, MD (March 18, 2009) – Today the Maryland Department of the Environment (MDE) announced thirty-eight recent enforcement actions seeking penalties totaling $452,500 for alleged violations of MDE requirements for waste, water, and air and radiation 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. In addition, 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 of 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 alleged to be out of compliance with lead risk reduction standards:

• Williamson Properties, LLC, Federalsburg, Caroline County, and Hurlock, Dorchester County

  24 affected properties – On January 14, 2009, MDE issued a Consent Decree seeking $6,000 for alleged violations.

• Odujoke Olagunju, Baltimore City

  2 affected properties – On January 20, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $16,000 for alleged violations.

• CS & G Enterprises, LLC, Baltimore City

  5 affected properties – On January 20, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $15,500 for alleged violations.

• Hiwot Tekle and Hiram, LLC, Baltimore City

  11 affected properties – On January 20, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.

• Andre Rolleri, Jr., Allen Anderson, Jr., and Steven Sachs, Baltimore City

  5 affected properties – On January 20, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $27,000 for alleged violations.

• Aisha Darby, Baltimore City

  2 affected properties – On January 21, 2009, MDE issued a Settlement Agreement and Consent Order seeking $5,000 for alleged violations.

• Soham Investments, LLC, Easton, Talbot County

  1 affected property – On January 22, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $15,500 for alleged violations.

• John W. Edwards and Dorothy T. Edwards, Baltimore City

  8 affected properties – On January 22, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $36,000 for alleged violations.

• 125 East Washington Street, LLC, Hagerstown, Washington County

  4 affected properties – On January 23, 2009, MDE issued a Settlement Agreement and Consent Order seeking $8,000 for alleged violations.

• Flores Properties, LLC, Easton, Talbot County

  4 affected properties On January 30, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $30,000 for alleged violations.

• Sandra Flores, Easton, Talbot County

  6 affected properties – On January 30, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.

• Felix O. Ojo, Baltimore City

  1 affected property – On February 5, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $12,500 for alleged violations.

• Abiye Atnafou and Leah W. Telda, Baltimore City

  5 affected properties – On February 5, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $14,000 for alleged violations.

• Jean Springer, Baltimore City

  6 affected properties – On February 9, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $35,000 for alleged violations.

• Melchior Springer, Baltimore City

  8 affected properties – On February 9, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.

• C & F Properties, LLC, Westminster, Carroll County

  12 affected properties – On February 9, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $70,000 for alleged violations.

• William Muse, Baltimore City

  7 affected properties – On February 10, 2009, MDE issued a Settlement Agreement and Consent Order seeking $7,000 for alleged violations.

• Paul A. Crawford and Eric C. Crawford, Middletown, Frederick County

  3 affected properties – On February 12, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $20,500 for alleged violations.

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.

• John F. Tilghman and Sons, Inc., Salisbury, Wicomico County

  On February 9, 2009, MDE issued a Settlement Agreement and Consent Order seeking $6,500 for alleged violations of UST regulations.

  Any person who transfers any volume of nonedible 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, Rocky Mount, North Carolina

  On February 13, 2009, MDE issued a Settlement Agreement and Consent Decree seeking $5,000 for alleged 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. A Refuse Disposal (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 collection systems that facilitate the collection of leachate (a mix of dissolved and suspended chemicals and precipitation) and prevent migration of pollutants out of the landfill to adjacent subsurface soil, groundwater, and surface water. With some exceptions, processing and transfer activities are required to be conducted in an enclosed building to control odor, dust, and noise.

• Norris E. Taylor and Norris E. Taylor Contractors, Inc., Cambridge, Dorchester County, and Easton, Talbot County

  On February 10, 2009, MDE issued a Complaint seeking $50,000 for alleged violations of RD Permit requirements.

Hazardous Waste Cases

Hazardous waste generators must arrange for shipment of their hazardous waste to a facility permitted to accept it or, with the appropriate permits, treat it themselves. A person who ships hazardous waste off-site must use a hauler certified by MDE and the waste must be accompanied by a document that tracks it from generation to disposal (the hazardous waste manifest). A person must comply with regulations on the storage of the waste, and must follow specified procedures to prevent the occurrence of circumstances which would threaten human health or the environment. These requirements are defined in Title 26, Subtitle 13 of the Code of Maryland Regulations (COMAR 26.13).

• Bayside Real Estate LLC and Daniel Windon, Salisbury, Wicomico County

  On January 21, 2009, MDE issued a Settlement Agreement and Consent Order seeking $5,000 for alleged violations of controlled hazardous substances requirements.

Water Management Enforcement Actions

MDE’s Water Management Administration protects the public health and the aquatic environment by carefully managing Maryland’s surface and groundwater resources, maintaining safe and reliable drinking water supplies and wastewater treatment systems, and restoring and preserving Maryland’s water and wetlands through efficient and effective implementation of state and federally mandated pollution control and resource management programs.

Environment Article, Title 4 of Maryland Law requires that any property owner obtains an approved erosion and sediment control plan prior to performing an earth grading operation. By obtaining and implementing this approval the construction activity may be performed 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.

Environment Article, Title 5 of Maryland Law 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.

• Tim Matterson, Upperco, Baltimore County

  On February 3, 2009, MDE issued one site complaint for alleged violations of Title 4 and violations of Title 5. Specifically, MDE alleges the property owner cleared and graded his property within the 100 year flood plain of a tributary to Black Rock Run, a use III natural trout stream without first obtaining approvals for the work. The Orders direct Mr. Matterson to cease and desist all activity at the site except for stabilization of the site and to submit a restoration plan for review and approval that will restore the site to original conditions.

• Baker’s Hill LLC, Elkton, Cecil County

  On February 13, 2009, MDE issued a site complaint and stop work order to Baker’s Hill L.L.C for violations of Title 4 for alleged failure to comply with conditions of its erosion and sediment control authorization for the construction of a subdivision in the Town of Elkton, Cecil County. Inspectors sent by MDE observed that some sediment controls were not properly installed and others were not properly maintained. Sediment that left the site was carried downstream to fish hatchery ponds owned by the Town of Elkton and reported to MDE by a hatchery employee. Sediment laden water entered four of the ten ponds at the hatchery. The contractor for Baker’s Hill is Wooters Excavating, a Delaware business.

• Paul Cain and Julie Gardner, Pasadena, Anne Arundel County

  On Friday January 16, 2009 MDE filed a case in Anne Arundel Circuit Court against Paul Cain and Julie Gardner for violations of Title 5. Specifically, a garage foundation had been built in the 100 foot buffer to nontidal wetlands of special state concern known as Grey’s Creek bog. MDE is seeking a penalty for alleged violations along with removal of the structure and restoration of the impact.
  
  Environment Article, Title 9 of Maryland law requires that authorization be obtained prior to disturbing nontidal wetlands or their 25-foot buffer. The nontidal wetlands aspects of the law and related regulations were developed to allow reasonable use of personal property while protecting State resources that depend on the environmental benefits provided by the nontidal wetlands. The requirement that someone performing work in nontidal wetlands apply to MDE for an authorization before starting construction ensures that an assessment of the impact to the associated resources is made before the work is performed.

• Baker’s Hill LLC, Elkton, Cecil County

  On February 12, 2009 MDE issued a site complaint and stop work order for alleged violations of Title 9 violations to Morton Bender for constructing a residential access road in nontidal wetlands without authorization. Mr. Bender was previously denied authorization for the road he constructed because other access existed. The site is located outside St. Michaels’s off Route 33.

Air and Radiation Enforcement Actions

MDE’s Air and Radiation Management Administration carries out mandates from the Federal Clean Air Act as well as Maryland’s air pollution control laws 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 and state law.

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 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.

While violations may result in assessment of a penalty, it is important to note that there were no resulting impacts to the health and safety of the patients or staff at any of these facilities.

The following facilities were alleged to be in violation of Maryland radiation control regulations relating to use of radiation machines:

• Ishtiaq A. Malik, M.D. – Wheaton, Montgomery County

  On February 9, 2009, MDE sent a Complaint and Administrative Penalty seeking $5,000 for alleged violations of radiation control regulations applicable to the practice of nuclear medicine, including failure to conduct daily constancy checks on a dose calibrator.

• Bowie Family Dental Care – Bowie, Prince George’s County

  On February 9, 2009, MDE sought a penalty of $250 for alleged violations.

• Jeffrey P. Cranska, D.D.S. – Severna Park, Anne Arundel County

  On January 15, 2009, MDE sought a penalty of $500 for alleged violations.

• Fallston Family Dentistry – Fallston, Harford County

  On February 9, 2009, MDE sought a penalty of $250 for alleged violations.

• Donald M. Jackson, D.D.S. – North East, Cecil County

  On January 15, 2009, MDE sought a penalty of $500 for alleged violations.

• Maria Health Care Center – Baltimore, Baltimore County

  On January 15, 2009, MDE sought a penalty of $250 for alleged violations.

• S. Nadarajah, D.M.D. – Eldersburg, Carroll County

  On February 9, 2009, MDE sought a penalty of $500 for alleged violations.

• Herbert Rosenberg, D.D.S. – Owings Mills, Baltimore County

  On February 9, 2009, MDE sought a penalty of $1,000 for alleged violations.

• Walter D. Solomon, D.D.S. – Baltimore, Baltimore County

  On February 9, 2009, MDE sought a penalty of $1,000 for alleged violations.

• Kelvin B. Smith, D.D.S. – Baltimore, Baltimore County

  On February 9, 2009, MDE sought a penalty of $250 for alleged violations.

• Timonium Dental – Timonium, Baltimore County

  On February 9, 2009, MDE sought a penalty of $1,000 for alleged violations.

• Arthur E. Vail, D.D.S. – Arbutus, Baltimore County

  On February 9, 2009, MDE sought a penalty of $1,000 for alleged violations.

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