BALTIMORE, MD (July 7, 2009) – Today the Maryland Department of the Environment (MDE) announced 90 recent enforcement actions seeking penalties totaling $361,000 for alleged violations of State requirements related to water, waste, 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.”

Lead Enforcement Actions

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:

• Linwood Stevens, Jr., Baltimore City

  2 affected properties – On May 21, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $33,000 for alleged violations.

• Shannon T. Andrews, Baltimore, Baltimore County

  1 affected property – On May 26, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $20,500 for alleged violations.

• Nathaniel J. Shivers, North East, Cecil County

  1 affected property – On May 26, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $10,200 for alleged violations.

• Baboolal Collins, Baltimore City

  2 affected properties – On June 2, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $21,000 for alleged violations.

• Bonnie and Donald Gallagher, Salisbury, Wicomico County

  1 affected property – On June 2, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000 for alleged violations.

• Robert D. and Reba M. English, Federalsburg, Caroline County

  5 affected properties – On June 2, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $35,000 for alleged violations.

• MJ Investments, L.L.L.P. and Johnathan Warner, Frederick, Frederick County

  1 affected property – On June 2, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $12,500 for alleged violations.

• Debra Laubach, Port Deposit, Cecil County; Aberdeen, Harford County; and Baltimore City

  18 affected properties – On June 5, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $44,000 for alleged violations.

In addition MDE accredits and enforces performance standards for inspectors and contractors working in lead hazard reduction. The following action is for a contractor and inspector alleged to be out of compliance with associated Code of Maryland Regulations:

• Spencer T. Parker, Lead Paint Visual Inspector and Lead Abatement Services Contractor, Upper Marlboro, Prince George’s County

  On June 2, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $6,000 for alleged violations.

Water Pollution Enforcement Actions

State law requires that property owners notify MDE before disturbing non-tidal wetlands, their buffers, and waterways of the State. MDE assesses the impact on non-tidal wetlands and, if appropriate, will issue a permit authorizing the work.

• Norris Taylor, Easton, Talbot County

  On May 26 & 29, 2009, a Site Complaint and Order was issued to the property owner for the alleged violations resulting from the placement of fill material within 6,000 square feet of non-tidal wetlands and concrete fill material placed along 305 linear feet of a non-tidal wetland ditch.

  The owner also cleared and filled 1.5 acres of forested non-tidal wetlands. All work was unauthorized by MDE. The property owner has been ordered to abate the violations by submitting a restoration plan, removing the unauthorized fill material, and restoring the site to the original site conditions.

  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.

• Norris Taylor, Adams Pit, Easton, Talbot County

  On May 26, 2009, a Site Complaint and Order was issued to the owner for the alleged violations for failing to obtain an approved Erosion and Sediment Control Plan prior to commencing work by hauling in fill material and stockpiling within an expired surface mine named the “Adams Pit.” The owner has also been ordered to obtain an approved mining license since the existing license has expired. The owner has been ordered to abate the violation by installing interim sediment controls as outlined by the inspector.

• Chick-Fil-A, Inc, LaPlata, Charles County

  On Tuesday, June 10, 2009, MDE issued a Site Complaint and Order for alleged violations of erosion and sediment control laws. Specifically, the company failed to implement and maintain erosion and sediment control measures on site as per the Charles County Soil Conservation District approved plan, which resulted in polluted water leaving the site. This Site Complaint and Order included a stop work order on all construction until the erosion and sediment control violations have been corrected on site. The company is also in violation of the General Permit for Stormwater Discharges Associated with Construction Activity for failing to implement the approved erosion and sediment control plan.

  State law requires that property owners notify MDE before conducting work in tidal wetlands, their buffers, and waterways of the State before starting any work. MDE assesses the impact on tidal wetlands, and, if appropriate, will issue a permit authorizing the work. The regulations governing tidal 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.

• Mr. Bryan and Ms. Taeim Carnahan, Edgewater, Anne Arundel County

  On June 17, 2009, MDE issued a Settlement Agreement and Consent Order for alleged violations of issued wetlands authorization permit for failing to construct the pier, platform, and pilings in the approved location and failing to construct a walkway to the permitted elevation. It includes the payment of a $7,500 penalty to the Tidal Wetlands Compensation Fund and requires restoration work to reconfigure the pier, platform, and pilings to achieve compliance. All restoration work is to be completed within 90 days of execution of the Settlement Agreement and Consent Order.

• Jerome Brewis, Kelly D. Lockner, and Lori D. Brewis, Pasadena, Anne Arundel County

  On June 5, 2009, MDE filed a civil complaint in Anne Arundel Circuit Court. The complaint alleges violations concerning the construction of the unauthorized structures, including piers, platforms, bridges, and boathouses and requiring removal of these structures. The complaint seeks a penalty of at least $20,000 against Jerome Brewis and a penalty of at least $10,000 against Kelly Lockner and Lori Brewis.

Air Pollution Enforcement Actions

MDE enforces compliance with Maryland’s air pollution control laws. The Department also administers a radiation control program in conformance with federal and state law.

• Gamse Lithographing Company, Rosedale, Baltimore County

  On June 5, 2009, MDE issued an Opportunity to Settle Letter alleging the company failed to maintain the minimum temperature to its air pollution control device as required in its operating permit.

• Recycled Aggregates, Temple Hills, Prince George’s County

  On June 12, 2009, MDE issued a Notice of Assessed Civil Penalty seeking $40,000 for alleged violations for knowingly operating a concrete crushing operation without obtaining the necessary air quality permits and created a dust and air pollution nuisance.

Gasoline Vapor Enforcement Actions

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.

• Gas and Auto Services, Kensington, Montgomery County

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $1,500 for alleged violations of Stage II Vapor Recovery regulations.

• BP Gas Station, Baltimore City

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $2,000 for alleged violations of Stage II Vapor Recovery regulations.

• Sahi Petroleum Marketing, LLC, Baltimore City

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $1,500 for alleged violations of Stage II Vapor Recovery regulations.

• Chevron Gas Station, Laurel, Prince George’s County

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $1,500 for alleged violations of Stage II Vapor Recovery regulations.

• Shell Gas Station, College Park, Prince George’s County

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $1,500 for alleged violations of Stage II Vapor Recovery regulations.

• BP Gas Station, Baltimore City

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $1,500 for alleged violations of Stage II Vapor Recovery regulations.

• Chevron Gas Station, Bowie, Prince George’s County

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $2,000 for alleged violations of Stage II Vapor Recovery regulations.

• Chevron Gas Station, Beltsville, Prince George’s County

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $1,500 for alleged violations of Stage II Vapor Recovery regulations.

• Petroleum Marketing Group, Oxon Hill, Prince George’s County

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $1,500 for alleged violations of Stage II Vapor Recovery regulations.

• BP Gas Station, Woodlawn, Baltimore County

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $1,500 for alleged violations of Stage II Vapor Recovery regulations.

• Citgo, Bowie, Prince George’s County

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $2,000 for alleged violations of Stage II Vapor Recovery regulations.

• SNT Automotive, Inc., Linthicum, Anne Arundel County

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $1,000 for alleged violations of Stage II Vapor Recovery regulations.

• BP Gas Station, Lutherville, Baltimore County

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $1,500 for alleged violations of Stage II Vapor Recovery regulations.

• Giant, Pasadena, Anne Arundel County

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $1,500 for alleged violations of Stage II Vapor Recovery regulations.

• Citgo Gas Station, Baltimore City

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $1,500 for alleged violations of Stage II Vapor Recovery regulations.

• Chevron Gas Station, Germantown, Montgomery County

  On June 12, 2009, MDE issued an Administrative Settlement Letter seeking $1,500 for alleged violations of Stage II Vapor Recovery regulations.

Asbestos Enforcement Actions

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.

• AIM Services, Annapolis, Anne Arundel County and Salisbury, Wicomico County

  On June 4, 2009, MDE issued an Administrative Settlement letter seeking $1,500 for alleged violations of asbestos regulations. Specifically, MDE alleges that the company failed to pay the proper licensing fee for the number of asbestos workers used on projects in Maryland.

• K&S Environmental Solutions, Baltimore City

  On June 4, 2009, MDE issued an Administrative Settlement letter seeking $750 for alleged violations of asbestos regulations. Specifically, MDE alleges that the company failed to notify MDE of an asbestos project in a timely fashion as required by federal asbestos regulations. The project was at the Odorite Building on Maryland Avenue in Baltimore City.

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 the following facilities.

• Radiation Machines Division

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

• Sheila L. Brush, D.D.S., Laytonsville, Montgomery County

  On May 15, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $1,000.

• Ralph W. Alman, Jr., D.D.S., Rockville, Montgomery County

  On May 15, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $500.

• Ellen D. Malcomson, D.D.S., Bethesda, Montgomery County

  On May 15, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $500.

• Steven Rice, D.D.S., Rockville, Montgomery County

  On May 15, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $2,000.

• Marianne Siewe, D.D.S., Silver Spring, Montgomery County

  On May 15, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• Adelphi Dental Associates, L.L.C., Hyattsville, Prince George’s County

  On May 18, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• Ngoc Q. Chu, D.D.S., Gaithersburg, Montgomery County

  On May 18, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• Samuel Huang, D.D.S., Frederick, Frederick County

  On May 18, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $500.

• Dennis L. Levinson, D.D.S., Owings Mills, Baltimore County

  On May 18, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $1,000.

• Negin Moazami, D.D.S., Silver Spring, Montgomery County

  On May 18, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $1,000.

• Adrian A. Sanchez, D.D.S., Baltimore, Baltimore County

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

• Waugh Chapel Animal Hospital, Gambrills, Anne Arundel County

  On May 18, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $500.

• Eric W. Donoho, D.D.S., Lutherville, Baltimore County

  On May 19, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $2,000.

• Frederick Pediatric Dentistry, Frederick, Frederick County

  On May 19, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $500.

• Harford County Chiropractic, Aberdeen, Harford County

  On May 19, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $500.

• Havre de Grace-Perryville Pet Center, Havre de Grace, Harford County

  On May 19, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• Solomons Veterinary Clinic, Solomons, Calvert County

  On May 19, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• Williams Chiropractic Clinic, Mountain Lake Park, Garrett County

  On May 19, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• P. Golestani, D.D.S., Germantown, Montgomery County

  On May 20, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• Kent Island Dentistry, Stevensville, Queen Anne’s County

  On May 20, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• Sachs & Sachs, D.D.S., Towson, Baltimore County

  On May 20, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• Adolf Family Chiropractic, Lutherville, Baltimore County

  On May 21, 2009, MDE reached agreement to settle alleged violations for $500.

• Radmanesh Dental, Rockville, Montgomery County

  On May 21, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• Rockville Dental Care, Rockville, Montgomery County

  On May 21, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• Roger I. Michaelson, D.D.S., Elkton, Cecil County

  On May 22, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $1,500.

• Neibauer Dental Care, Waldorf, Charles County

  On May 22, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• Albert Folgueras, M.D., Baltimore, Baltimore County

  On May 26, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• Sam B. Hishmeh, D.D.S., Silver Spring, Montgomery County

  On May 26, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• Melvena L. Sherard, D.D.S., Baltimore City

  On May 26, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $500.

• Animal Medical Center of Bel Air, Bel Air, Harford County

  On May 27, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $500.

• Baltimore County Dept. of Health, Liberty Family Resource Center, Randallstown, Baltimore County

  On May 27, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $2,000.

• Bel Air Dental Care, Fallston, Harford County

  On May 27, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $500.

• Ximena E. Pareja, D.D.S., Columbia, Howard County

  On May 27, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• Lawrence Bell, Jr., D.D.S., Baltimore City

  On May 28, 2009, MDE issued a Complaint for alleged violations and assessed a penalty of $5,900.

• Eric J. Cohen, D.D.S., Baltimore City

  On May 28, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $2,000.

• Michael C. Collins, D.M.D., Baltimore City

  On May 28, 2009, MDE issued a Complaint for alleged violations and assessed a penalty of $6,000.

• Allan C. Johnson, D.M.D., Landover Hills, Prince George’s County

  On May 28, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $3,000.

• Montgomery General Hospital, Inc., Olney, Montgomery County

  On May 28, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $500.

• Smile Dental, Langley Park, Prince George’s County

  On June 1, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $2,000.

• Northwest Radiology Associates, Catonsville, Baltimore County

  On June 2, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $1,000.

• John F. Conaghan, D.D.S., Bethesda, Montgomery County

  On June 3, 2009, MDE reached agreement to settle alleged violations with a penalty payment of or $500.

• Eastern Family Resource Center, Baltimore, Baltimore County

  On June 4, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $500.

• Frederick Surgical Center, Frederick, Frederick County

  On June 4, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $1,000.

• Peachtree Veterinary Clinic, Beallsville, Montgomery County

  On June 4, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $500.

• Southern Maryland Oral & Maxillofacial Surgery, Waldorf, Charles County

  On June 5, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $250.

• Benjamin F. Shelton, D.D.S., Baltimore City

  On June 7, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $500.

• Access Chiropractic, Silver Spring, Montgomery County

  On June 8, 2009, MDE issued a Complaint for alleged violations and assessed a penalty of $1,500.

• Chesterfield Orthodontics, Pasadena, Anne Arundel County

  On June 8, 2009, MDE issued a Complaint for alleged violations and assessed a penalty of $1,000.

• Kings Court Family Dentistry, Kingsville, Baltimore County

  On June 8, 2009, MDE issued a Complaint for alleged violations and assessed a penalty $4,000.

• Robert Brundeire, D.D.S., Catonsville, Baltimore County

  On June 9, 2009, MDE reached agreement to settle alleged violations with a penalty payment of $1,000.

• Michael Gilbert, D.D.S., Randallstown, Baltimore County

  On June 9, 2009, MDE reached agreement to settle alleged violations for $500.

• Ira M. Deming, D.P.M., Bethesda, Montgomery County

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

• Dimitrios Garefalakis, D.D.S., Baltimore, Baltimore County

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

• Paul W. Karpovich, D.D.S., Timonium, Baltimore County

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

• Charles M. Gongloff, D.M.D., Bel Air, Harford County

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

• Howard County Oral & Maxillofacial Surgery, Ellicott City, Howard County

  On June 12, 2009, MDE reached agreement to settle alleged violations for $1,000.

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