“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 requires that property owners notify MDE before conducting in nontidal wetlands, their buffers, and waterways of the State before starting any work. MDE assess the impact on non-tidal wetlands and, if appropriate will issue a permit authorizing the work. The regulations governing nontidal wetlands were developed to protect the State’s natural resources that depend on those wetlands and minimize impacts while allowing property owners reasonable use of their property.

State law also requires that a person shall have a permit issued by the Secretary of MDE before installing, materially altering, or materially extending a refuse disposal system.

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.

• David Wayne Cerny – Aberdeen, Harford County

  On May 5, 2009, MDE filed a civil Consent Decree in the Circuit Court for Harford County against David Wayne Cerny. Mr. Cerny is alleged to have conducted a regulated activity within a 25-foot buffer of a nontidal wetland without a permit, operated a refuse disposal system without a permit, and constructed a reservoir without a permit on his property. The Consent Decree requires that Mr. Cerny obtain all required permits from the State and Harford County in order to remove all solid waste, refuse, wood, concrete, metal, tires and construction debris from his property, remove the reservoir, including the berm, restore his property and the reservoir to their original grade prior to the dumping of solid waste and the construction of the reservoir, and stabilize the reservoir with vegetation. A civil penalty in the amount of $10,000 was assessed.

  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.

• Michael and Janis Pinsky, Edgewater, Anne Arundel County

  A Settlement Agreement and Consent Order was executed on May 1, 2009, for alleged violations involving the filling of tidal waters and wetlands without authorization at the property and in violation of the issued authorization. The Settlement Agreement included the payment of a $3,000 penalty to the Tidal Wetlands Compensation Fund, restoration work to remove unauthorized fill from tidal wetlands and obtain local authorization, and established compliance deadlines.

• Mt. Tirzah LTD Partnership, Newburg, Charles County

  MDE executed a Settlement Agreement and Consent Order on April 27, 2009 for alleged violations for filling tidal waters and wetlands without authorization at the property. It included the payment of a $5,400 penalty to the Tidal Wetlands Compensation Fund, restoration work to remove unauthorized fill from tidal wetlands, and established compliance deadlines.

• Thomas Farcosky, Severna Park, Anne Arundel County

  MDE executed a Consent Order on April 28, 2009, for alleged violations for filling tidal waters and wetlands without authorization at the property. The Order requires restoration work to remove unauthorized fill from tidal wetlands and establishes compliance deadlines.

• Andrew and Theresa Celmer, Essex, Baltimore County

  MDE issued a penalty settlement letter on April 8, 2009 to settle alleged violations for filling tidal waters without authorization at the property. The $3,905 penalty was paid on April 28, 2009.

  State law for erosion and sediment control requires that 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 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 stormwater discharges associated with construction activity requires that any activity involving earth disturbance over one acre requires a general permit. This permit requires the implementation of an approved erosion and sediment control plan prior to performing an earth grading operation as well as self monitoring inspections of the erosion and sediment controls. These regulations were developed to prevent sediment and erosion to protect the State’s natural resources.

• Steuart-Kret Development Company t/a Steuart-Kret Homes, Lexington Park, St. Mary’s County

  On May 1, 2009, MDE issued an Administrative Complaint and Penalty for alleged failure to implement and maintain an approved erosion and sediment control plan and an alleged violation of the NPDES General Stormwater Discharge Permit Associated with Construction Activity and that resulted in sediment pollution of Jarboesville Run.

Lead Paint Violations

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:

• Sergey Ivanov, Baltimore City

  1 affected property – On April 20, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $32,000 for alleged violations.

• Charm City Housing Associates, Inc., Baltimore City

  10 affected properties – On April 22, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $35,000 for alleged violations.

• John Jay Cox, Pocomoke, Worcester County

  2 affected properties – On April 22, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.

• Research Development Services, Inc. and Research Development Services, LLC, Baltimore City

  6 affected properties – On April 22, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $9,000 for alleged violations.

• Terry Lee Coffman II, Baltimore City

  34 affected properties – On April 22, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $26,500 for alleged violations.

• Rent Man Limited, Baltimore City

  22 affected properties – On April 22, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $40,000 for alleged violations.

• 3401 Woodbrook, LLC, Baltimore City

  6 affected properties – On April 22, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $21,000 for alleged violations.

• James Fogle, Walkersville & Frederick, Frederick County

  4 affected properties – On April 22, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $40,000 for alleged violations.

• 1645 N. Calhoun Holdings, LLC, Baltimore City

  1 affected property – On May 8, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $55,000 for alleged violations.

• Mortgage Solutions Consulting Group, LLC, Baltimore City

  4 affected properties – On May 15, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $37,500 for alleged violations.

• Helen Falodun, Baltimore City

  10 affected properties – On May 15, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $38,500 for alleged violations.

• Damion O. Brissett, Baltimore City

  2 affected properties – On May 15, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $13,750 for alleged violations.

• Paul Stitzel & Helen Stitzel, Baltimore City

  1 affected property – On May 15, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $28,000 for alleged violations.

Air Pollution Enforcement Actions

MDE 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.

• The Anderson Company – Upper Marlboro, Prince George's County

  On April 27, 2009, MDE issued a Proposed Penalty seeking $35,000 for alleged violations that the company installed and operated a crushing plant without first obtaining the required air quality permits, failed to take appropriate measures to control dust, and created an air quality nuisance.

• P&J Contracting – Baltimore City

  On May 8, 2009, MDE issued a Corrective Order and Proposed Penalty seeking $31,000 for alleged violations that the company installed and operated a crushing plant without obtaining the required air quality permits, failed to take appropriate measures to control dust, and created an air quality nuisance.

• Air Products – Sparrows Point, Baltimore County

  On May 12, 2009, MDE signed a Consent Order with Air Products. Under the terms of the Consent Order, Air Products agrees to pay a penalty of $25,000 for alleged violations that the company violated air quality requirements when they had an emergency discharge of air emissions from their plant.

• Sunoco Partners Marketing & Terminals, L.P. (Sunoco) – Baltimore, Baltimore County

  On May 14, 2009, MDE sent an Opportunity to Settle Letter to address alleged violations of air quality regulations. Specifically, MDE alleges the company failed to monitor and record a parameter required in its Title V operating permit.

Asbestos Violations

Asbestos, a naturally occurring mineral 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.

• Southern Insulation – Sparrows Point, Baltimore County

  On May 5, 2009, MDE issued a Notice of Assessed Civil Penalty seeking $6,000 for alleged violations that occurred during an asbestos removal project conducted by Southern Insulation at the Sparrows Point Steel Plant. MDE alleges that workers from the company failed to wear proper protective clothing, failed to label bags containing asbestos material, and failed to have asbestos worker photo IDs for two workers at the site.

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 actions are in response to violations of Maryland regulations for the control of ionizing radiation from radiation (x-ray) machines.

• Johns Hopkins Hospital – Baltimore City

  On April 4, 2009, MDE reached agreement to settle an alleged violation regarding improper patient exposure to x-ray radiation for $7,500.

• Paul J. Ingrao, D.D.S. – Crofton, Anne Arundel County

  On April 14, 2009, MDE reached agreement to settle alleged violations for $250.

• Mark S. Blank, D.D.S. – Reisterstown, Baltimore County

  On April 14, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Scott Finlay, D.D.S. & Associates – Arnold, Anne Arundel County

  On April 14, 2009, MDE reached agreement to settle alleged violations for $500.

• Children Dental Care, Inc. – Gaithersburg, Montgomery County

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

• Hertz & Idol, D.P.M. – Prince Frederick, Calvert County

  On April 17, 2009, MDE reached agreement to settle alleged violations for $250.

• Deep Muko, D.D.S. – Gambrills, Anne Arundel County

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

• Edward J. Sattler, D.D.S. – Baltimore City

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

• Arbutus Veterinary Hospital – Baltimore, Baltimore County

  On April 20, 2009, MDE reached agreement to settle alleged violations for $500.

• William E. Vaughan, D.D.S. – Takoma Park, Montgomery County

  On April 22, 2009, MDE reached agreement to settle alleged violations for $1,000.

• H.M. Dunstan & Associates, P.A. – Baltimore City

  On April 27, 2009, MDE reached agreement to settle alleged violations for $500.

• Philip A. Philbin, D.D.S. – Stevensville, Queen Anne’s County

  On April 27, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Walnut Street Community Health Center, Dental Clinic – Hagerstown, Washington County

  On April 27, 2009, MDE reached agreement to settle alleged violations for $500.

• Patrick Bryant, D.D.S. – Laurel, Anne Arundel County

  On April 28, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Germantown Center for Orthodontics – Germantown, Montgomery County

  On April 28, 2009, MDE reached agreement to settle alleged violations for $250.

• Kennard Chiropractic & Physical Therapy – Severna Park, Anne Arundel County

  On April 28, 2009, MDE reached agreement to settle alleged violations for $500.

• Thomas M. Nussear, D.D.S. – Smithsburg, Washington County

  On April 28, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Parkway Dentist – Easton, Talbot County

  On April 28, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Gilbart & Gilbart Dental Innovations – Frederick, Frederick County

  On April 29, 2009, MDE reached agreement to settle alleged violations for $500.

• Ellen Brodsky, D.D.S. – Bethesda, Montgomery County

  On April 29, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Edmondson Family Dental Care – Baltimore, Baltimore County

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

• Papillon Dental Care – Largo, Prince George’s County

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

• SurgiCenter of Baltimore – Owings Mills, Baltimore County

  On April 30, 2009, MDE reached agreement to settle alleged violations for $250.

• Steven D. Younger – Waldorf, Charles County

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

• Greater Chesapeake Orthopedic Associates – Bel Air, Harford County

  On May 1, 2009, MDE reached agreement to settle alleged violations for $2,000.

• RND Dental Corporation – Gaithersburg, Montgomery County

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

• Silberman & Sheffler, P.A. – Prince Frederick, Calvert County

  On May 1, 2009, MDE reached agreement to settle alleged violations for $3,868.

• Victor J. Dillon, D.D.S. – Gaithersburg, Montgomery County

  On May 4, 2009, MDE reached agreement to settle alleged violations for $500.

• William R. Dzyak, D.D.S. – Kensington, Montgomery County

  On May 4, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Lincoln O. Frank, D.D.S. – Baltimore, Baltimore County

  On May 4, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Paul E. Freed, D.D.S. – Towson, Baltimore County

  On May 4, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Seton Imaging Center – Baltimore City

  On May 4, 2009, MDE reached agreement to settle alleged violations for $500.

• Harry D. Snydman, D.D.S. – Owings Mills, Baltimore County

  On May 4, 2009, MDE reached agreement to settle alleged violations for $500.

• J. Thomas Soliday, D.D.S. and Jay S. Nokkeo, D.M.D. – Gaithersburg, Montgomery County

  On May 4, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Karl J. Zeren, D.D.S. – Timonium, Baltimore County

  On May 4, 2009, MDE reached agreement to settle alleged violations for $250.

• Cosmetic & Family Dentistry – Upper Marlboro, Prince George’s County

  On May 5, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Chase Brexton Health Services, Inc. – Baltimore City

  On May 6, 2009, MDE reached agreement to settle alleged violations for $500.

• Mark V. Barren, D.D.S. – Gaithersburg, Montgomery County

  On May 6, 2009, MDE reached agreement to settle alleged violations for $500.

• Kunec, Layug & Bullock, LLC – Laurel, Prince George’s County

  On May 6, 2009, MDE reached agreement to settle alleged violations for $250.

• Mandel, Keiser & Joseph, LLP – Owings Mills, Baltimore County

  On May 6, 2009, MDE reached agreement to settle alleged violations for $500.

• Thomas F. Menton, D.D.S. – Ellicott City, Howard County

  On May 6, 2009, MDE reached agreement to settle alleged violations for $1,500.

• Shahram Modarres, D.D.S. – Rockville, Montgomery County

  On May 6, 2009, MDE reached agreement to settle alleged violations for $250.

• Burtonsville Animal Hospital – Burtonsville, Montgomery County

  On May 11, 2009, MDE reached agreement to settle alleged violations for $250.

• David R. Deitrick, D.D.S. – Severna Park, Anne Arundel County

  On May 11, 2009, MDE reached agreement to settle alleged violations for $500.

• Shady Grove Podiatry – Gaithersburg, Montgomery County

  On May 11, 2009, MDE reached agreement to settle alleged violations for $500.

• Peter M. Sheehan, D.D.S. – Germantown, Montgomery County

  On May 11, 2009, MDE reached agreement to settle alleged violations for $500.

• Michael L. DiPaula, D.D.S. – Baltimore, Baltimore County

  On May 12, 2009, MDE reached agreement to settle alleged violations for $500.

• Dundalk Cosmetic & Family Dental Center – Dundalk, Baltimore County

  On May 12, 2009, MDE reached agreement to settle alleged violations for $500.

• Sarubin Family Dental Associates – Baltimore, Baltimore County

  On May 12, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Lynn R. Chincheck, D.D.S. – Timonium, Baltimore County

  On May 13, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Davidsonville Veterinary Clinic – Davidsonville, Anne Arundel County

  On May 13, 2009, MDE reached agreement to settle alleged violations for $500.

• Bernard Greenbaum, D.D.S. – Bethesda, Montgomery County

  On May 13, 2009, MDE reached agreement to settle alleged violations for $500.

• Pediatric Dental Center of Frederick – Frederick, Frederick County

  On May 13, 2009, MDE reached agreement to settle alleged violations for $250.

• Richard N. Lamb, D.D.S. – Baltimore City

  On May 14, 2009, MDE reached agreement to settle alleged violations for $1,000.

• Spencer St. Cyr, D.D.S. – Eldersburg, Carroll County

  On May 14, 2009, MDE reached agreement to settle alleged violations for $1,000.

The following actions are in response to violations of Maryland regulations for the control of radioactive material.

• Muhammed Yusuf, M.D. – Laurel, Prince George’s County

  On April 21, 2009, MDE reached agreement to settle alleged violations of Maryland radiation control regulations relating to possession, use, and disposal of radioactive materials for $9,350.

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