BALTIMORE, MD (May 15, 2009) – Today the Maryland Department of the Environment (MDE) announced 77 recent enforcement actions seeking penalties totaling $971,050 for alleged violations of MDE requirements for water, waste, 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.”

Water Pollution Enforcement Actions

State law for erosion and sediment control requires a Soil Conservation District approved sediment control plan for any proposed land clearing, soil movement, and construction shall be obtained and implemented prior to construction and 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.

State law for construction in waterways 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. The laws and regulations governing waterway construction activities were developed to conserve, protect, and use water resources of the State with the best interests of the people.

• Kevin Potts Fill Site, Williamsport, Washington County

  On February 25, 2009, MDE issued a Site Complaint and Order to Mr. Potts, owner of the site, for alleged unauthorized placement of fill materials including earth, trash, and debris within the stream channel and 100 year floodplain of Conococheague Creek. The Order required immediate removal of the unauthorized fill materials from the stream channel and 100 year floodplain.

  State law requires that any person planning to mine coal in an open pit shall obtain a permit from MDE’s Bureau of Mines. All mining permits require that the mine operator comply with requirements that protect and conserve the natural resources of the State and the improvement of areas of land and communities affected in the mining of coal.

• Heritage Coal and Natural Resources, LLC, Klondike Mine, Midland, Allegany County

  On February 27, 2009, MDE issued a Notice of Violation and Order for alleged tracking of mud/dirt from the mine site and haul road onto the paved County road. The Notice of Violation ordered that the Permittee clean up the dirt and debris from the paved road and to restabilize the haul road with stone sufficient in size to carry loaded coal trucks. The Notice also required the Permittee to submit to MDE a plan that addresses how future mud tracking from the site is going to be controlled to ensure dirt is not tracked again onto the paved public road.

• G & S Coal Company, Inc., Pee Wee Hill Mine, Kitzmiller, Garrett County

  On March 31, 2009, MDE issued a Notice of Violation and Order to G & S Coal Company, Inc. for alleged failure to maintain a perimeter ditch that failed resulting in sediment runoff. The Order required immediate cleaning and restoration of the ditch to its original design capacity and stabilization of all disturbed areas.

Land Pollution Enforcement Actions

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:

Turner Station Old Mill, LLC and Robert M. Catron, Dundalk, Baltimore County: 7 affected properties – On March 18, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $32,500 for alleged violations.

• KMS Property, LLC, Baltimore City

  16 affected properties – On March 18, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $33,000 for alleged violations.

• Dominick Derita, IV, Westminster, Carroll County

  1 affected property – On March 18, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500 for alleged violations.

• KMS Property 2, LLC, Baltimore City

  13 affected properties – On March 18, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $49,500 for alleged violations.

• Pirate, LLC, Baltimore City

  8 affected properties – On March 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $22,000 for alleged violations.

• Pigama, LLC, Baltimore City

  4 affected properties – On March 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.

• Drek, LLC, Baltimore City

  7 affected properties – On March 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $10,500 for alleged violations.

• Moshe and Miri Raphaely, Baltimore City

  19 affected properties – On March 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $60,000 for alleged violations.

• Dong Yong An, Baltimore City

  1 affected property – On March 26, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500 for alleged violations.

• Cely and Jaime Faria, Baltimore City

  3 affected properties – On March 31, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.

• Robert Nkojo, Baltimore City

  2 affected properties – On April 4, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $13,750 for alleged violations.

• Jaros Jindrich, Baltimore City

  3 affected properties – On April 9, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.

• Gary, Anna, and Vladimir Kosoy, Baltimore City

  9 affected properties – On April 14, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500 for alleged violations.

• Corey Wills and Shana Chaney, Baltimore City

  1 affected property – On April 14, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $13,750 for alleged violations.

• PR Capital, L.L.C. and Pathik Rami, Baltimore City

  8 affected properties – On April 14, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $10,500 for alleged violations.

• Craig Smith, Catonsville, Baltimore County

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

• Landon Wilson, Baltimore City

  1 affected property – On April 14, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $13,750 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) and Above Ground Storage Tanks (ASTs) 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. ASTs with capacities of 1,000 gallons of used oil or 10,000 gallons or more of virgin oil are required to have oil operations permits issued by the Oil Control Program.

• Howard’s Market, Inc. and Zaidi Petro, Inc., North East and Havre de Grace, Cecil County

  On April 8, 2009, MDE issued a Consent Decree and Settlement Agreement seeking a combined $25,000 for alleged violations UST regulations.

• Petroleum Recovery & Remediation Management, Inc., Baltimore City and Bowie, Prince George’s County

  On March 19, 2009, MDE issued a Consent Decree seeking $10,000 for alleged violations of ASTs oil operation permit requirements and operating without a permit.

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.

• Sun Services LLC, 10751 Tucker Street, Beltsville, Prince George’s County

  On April 14, 2009, MDE issued a Complaint seeking $50,000 for alleged violations of RD permit requirements and operating without a permit.

Air Pollution Enforcement Actions

• C.A. Bean – California, St. Mary’s County

  On April 9, 2009, MDE issued a Proposed Penalty seeking $5,000 for alleged violations of air quality regulations regarding open burning.

• Schmidt Baking Company – Baltimore (Overlea), Baltimore County

  On April 10, 2009 MDE sent an Opportunity to Settle letter to address alleged violations of air quality regulations. Specifically, MDE alleges the company operated the bread-making line uncontrolled for 21 days, resulting in excess volatile organic compound (VOC) emissions, and failed to conduct testing of the VOC control equipment in a timely manner.

• Essroc Cement Corporation – Frederick, Frederick County

  On April 14, 2009 MDE and Essroc signed an agreement to settle two cases for a combined total of $340,000. MDE and Essroc will execute a countersigned letter acknowledging the release of the claims for payment of the penalty. MDE alleges that Essroc violated air quality requirements by exceeding nitrogen oxides emission limits and by violating a condition in their 2008 Consent Decree.

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.

• H&S Bakery Consent Order – Baltimore City

  On March 19, 2009, MDE signed a Consent Order with H&S. Under the terms of the Consent Order, H&S agrees to pay $15,000 for alleged violations of Stage II Vapor Recovery regulations due to failure to conduct required vapor recovery tests on their fleet re-fueling facility.

• Anthony Onianwah and Sunil Sethi (Apex Gas Station) – Clinton, Prince George’s County

  On April 9, 2009, MDE issued a Notice of Assessed Civil Penalty seeking $4,100 for alleged violations of Stage II Vapor Recovery regulations.

• Citgo Service Station – Edgewood, Harford County

  On April 9, 2009, MDE issued a Notice of Assessed Civil Penalty seeking $2,100 for alleged violations of Stage II Vapor Recovery regulations.

• East West Liberty – Landover Hills, Prince George’s County

  On April 9, 2009, MDE issued a Notice of Assessed Civil Penalty seeking $4,000 for alleged violations of Stage II Vapor Recovery regulations.

• Shell Service Station – Capitol Heights, Prince George’s County

  On April 9, 2009, MDE issued a Notice of Assessed Civil Penalty seeking $2,000 for alleged violations of Stage II Vapor Recovery regulations.

• Friendly Market – Fort Washington, Prince George’s County

  On April 9, 2009, MDE issued a Notice of Assessed Civil Penalty seeking $1,500 for alleged violations of Stage II Vapor Recovery regulations.

• Sunoco Service Station – Greenbelt, Prince George’s County

  On April 9, 2009, MDE issued a Notice of Assessed Civil Penalty seeking $2,100 for alleged violations of Stage II Vapor Recovery regulations.

• BP Service Station – Beltsville, Prince George’s County

  On April 9, 2009, MDE issued a Notice of Assessed Civil Penalty seeking $2,000 for alleged violations of Stage II Vapor Recovery regulations.

• BP Service Station – Baltimore City

  On April 9, 2009, MDE issued a Notice of Assessed Civil Penalty seeking $2,000 for alleged violations of Stage II Vapor Recovery regulations.

• Long Gate Sunoco – Ellicott City, Howard County

  On April 9, 2009, MDE issued a Notice of Assessed Civil Penalty seeking $2,000 for alleged violations of Stage II Vapor Recovery regulations.

• BP Service Station - Columbia, Howard County

  On April 9, 2009, MDE issued a Corrective Order and Proposed Penalty seeking $2,000 for alleged violations of Stage II Vapor Recovery regulations.

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 facility was alleged to be in violation of Maryland radiation control regulations relating to use of radioactive materials:

• Weeks Marine – Hart-Miller Island, Baltimore County

  On March 27, 2009, Weeks Marine agreed to pay a penalty of $60,000 for alleged violations of radiation control regulations relating to use of radioactive materials. $15,000 of the penalty will be abated if the firm has no violations of air regulations for five years. Weeks Marine is based in Covington, Louisiana.

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

• Animal Medical Hospital at Glenwood – Howard County

  On March 19, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Jeffrey C. Miller, D.D.S. – Owings Mills, Baltimore County

  On March 25, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Myron Kellner, D.D.S. – Lutherville, Baltimore County

  On March 19, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Germantown Dental Service – Germantown, Montgomery County

  On March 25, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Mimi N. Nguyen, D.D.S. – Rockville, Montgomery County

  On March 24, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Greenspring Family Dental – Baltimore, Baltimore County

  On March 30, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Ray M. Becker, D.D.S. – Ellicott City, Howard County

  On March 17, 2009, MDE reached agreement to settle alleged violations for $500.

• Harold Blank, D.D.S. – Rockville, Montgomery County

  On March 17, 2009, MDE reached agreement to settle alleged violations for $500.

• Olwyn Diamond, D.D.S. – Baltimore, Baltimore County

  On March 18, 2009, MDE reached agreement to settle alleged violations for $500.

• Arnold Feldman, D.D.S. – Rockville, Montgomery County

  On March 31, 2009, MDE reached agreement to settle alleged violations for $500.

• Cassiano Garcia, D.D.S. – Phoenix, Baltimore County

  On March 20, 2009, MDE reached agreement to settle alleged violations for $250.

• Joppa Partners – Towson, Baltimore County

  On March 16, 2009, MDE reached agreement to settle alleged violations for $500.

• Yoonchul Roh, D.M.D. – Upper Marlboro, Prince George’s County

  On March 19, 2009, MDE reached agreement to settle alleged violations for $500.

• Mohamed L. Saccoh, D.D.S. – Joppa, Harford County

  On March 31, 2009, MDE reached agreement to settle alleged violations for $500.

• Richard S. Nemes, D.D.S. – Silver Spring, Montgomery County

  On March 19, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Charles J. Abraham, D.D.S. – Silver Spring, Montgomery County

  On March 19, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Advance Family & Cosmetic Dentistry – Gaithersburg, Montgomery County

  On March 17, 2009, MDE reached agreement to settle alleged violations for $500.

• Angel Dental Care – Catonsville, Baltimore County

  On March 17, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Robert Appelbaum, D.D.S. – Parkton, Baltimore County

  On March 23, 2009, MDE reached agreement to settle alleged violations for $250.

• Thomas E. England, D.M.D. – Columbia, Howard County

  On March 23, 2009, MDE sought a penalty of $500 for alleged violations.

• Thomas B. Fahey, Jr. – Baltimore, Baltimore County

  On March 23, 2009, MDE reached agreement to settle alleged violations for $500.

• Family Back & Neck Care Center – Gaithersburg, Montgomery County

  On March 23, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Gentle Dental, Inc. – Baltimore, Baltimore County

  On March 23, 2009, MDE reached agreement to settle alleged violations for $500.

• Drs. Leary & Burroughs, L.L.C. – Gambrills, Anne Arundel County

  On March 23, 2009, MDE sought a penalty of $250 for alleged violations.

• Leslie M. Londeree, D.D.S. – Towson, Baltimore County

  On March 23, 2009, reached agreement to settle alleged violations for $500.

• William F. Martin, III, D.D.S. – Towson, Baltimore County

  On March 23, 2009, MDE sought a penalty of $500 for alleged violations.

• Kevin Y. Myint, D.D.S. – Elkton, Cecil County

  On March 23, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Oral Surgery Associates – Glen Burnie, Anne Arundel County

  On March 23, 2009, MDE reached agreement to settle alleged violations for $250.

• Touch of Smiles Dental Care – Cockeysville, Baltimore County

  On March 23, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Access Dental Care – Laurel, Howard County

  On March 30, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Richard J. Aufderheide, D.M.D. – Easton, Talbot County

  On March 30, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Bruce Auslander, D.D.S. – Bowie, Prince George’s County

  On March 30, 2009, MDE reached agreement to settle alleged violations for $500.

• John A. Chick, D.M.D. – Chevy Chase, Montgomery County

  On March 30, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Bonnie L. Culbertson, D.D.S. – Lutherville, Baltimore County

  On March 30, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Maurice W. Blakely, D.D.S. – Baltimore City

  On April 1, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Family Dental Care – Temple Hills, Prince George’s County

  On April 1, 2009, MDE reached agreement to settle alleged violations for $500.

• Frederick J. Geating, D.D.S. – Cockeysville, Baltimore County

  On April 1, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Laura Page Warden, D.V.M. – Ijamsville, Frederick County

  On April 1, 2009, MDE reached agreement to settle alleged violations for $500.

• De Lucs Dental – Mitchellville, Montgomery County

  On April 3, 2009, MDE reached agreement to settle alleged violations for $500.

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