BALTIMORE, MD (August 27, 2009) – The Maryland Department of the Environment (MDE) today announced 49 recent enforcement actions seeking penalties totaling $1,076,950 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. 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.”

Land Pollution Enforcement Actions

Lead Cases

MDE’s Lead Poisoning Prevention Program coordinates 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:

• Darnell G. Collins, Baltimore City

  6 affected properties - On June 17, 2009, MDE issued an Administrative Complaint, Order, and Penalty seeking $27,500 for alleged violations.

• Ella L. Neal & Kim I. Brown, Baltimore City

  7 affected properties - On June 17, 2009, MDE issued an Administrative Complaint, Order, and Penalty seeking $33,000 for alleged violations.

• Prospect Pointe, LLC & Curtis Boteler, Hagerstown, Washington County

  4 affected properties – On June 22, 2009, MDE issued an Administrative Complaint, Order, and Penalty seeking $32,000 for alleged violations.

• Lawrence T. Imbesi & Carpenter Realty Corporation, Baltimore, Baltimore County

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

• Connie Michael & Donald Legore, Westminster, Carroll County

  6 affected properties – On June 22, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000 for alleged violations.

• Herbert Lee Belton, Baltimore City

  1 affected property – On June 22, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $30,000 for alleged violations.

• Edward B. & Theodore S. Thornton, Baltimore City

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

• Property Resources, LLC, Baltimore City

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

• SUP Investments, LLC, Baltimore City

  1 affected property – On June 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $5,000 for alleged violations.

• Rogelio A. Gomez, Hagerstown, Washington County

  1 affected property – On June 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $21,000 for alleged violations.

• Blue Globe Properties, LLC, Baltimore City

  4 affected properties – On June 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $38,500 for alleged violations.

• Jin Suk Kim, Baltimore City

  6 affected properties – On June 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $40,000 for alleged violations.

• Nabil & Maha Abdullah, Hagerstown, Washington County

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

• Mohammad T. Rahman, Javed M. Nasir, Mohammad Khalid, 10th Baltimore Acquisition, LLC & 4th Baltimore Acquisition, Baltimore City

  58 affected properties – On June 30, 2009 MDE issued an Administrative Complaint, Order and Penalty seeking a combined $120,000 for alleged violations.

• Marsha J. Hitch, Baltimore City

  1 affected property – On June 30, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.

• ROKA, LLC, Ronald & Kathleen Hartsock, Hagerstown, Washington County

  8 affected properties – On June 30, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking a combined $44,000 for alleged violations.

• Ruth A. Driver, Baltimore City

  1 affected property – On July 6, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $12,000 for alleged violations.

• Deborah L. Chandler-Jackson, Baltimore City

  4 affected properties – On July 6, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.

• Raymond D. & Marjorie M. Sells, Baltimore City

  5 affected properties – On July 6, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500 for alleged violations.

• Lateef Aderomilehin, Baltimore City

  12 affected properties – On July 6, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $13,750 for alleged violations.

• De Soto Apartments, LLC, Magnolia Properties Management, LLC, Charoles Goldsborough, & Magnolia Property Management, Inc., Baltimore City

  1 affected property – On July 6, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.

• Raymond R. & Norine Katzen, Baltimore City

  13 affected properties – On July 9, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $33,000 for alleged violations.

• Ibiom Ikotidem, Baltimore City

  9 affected properties – On July 14, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.

• Willco Management Holdings, LLC, Baltimore City

  On July 1, 2009, MDE issued a Consent Decree and Settlement Agreement seeking $24,000 for alleged violations.

  In addition, MDE accredits inspectors and contractors working in lead hazard reduction and enforces performance standards. The following action involves a contractor and inspector alleged to be out of compliance.

• Alliance Property Management, LLC. & Duane E. Browning, Lead Paint Visual Inspector and Lead Abatement Services Contractor

  On June 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking a combined $6,000 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.

• DTSS, LLC, Baltimore, Baltimore County

  On July 10, 2009, MDE entered into a settlement agreement requiring DTSS to pay $4,000 for alleged violations.

  The Oil Control Program enforces the prohibition of oil discharges and oversees clean up activities at sites where petroleum products have been released into the environment. Enforcement actions may include payment of penalties and requirements for clean up in a timely manner to protect public health and the environment. Petroleum cleanups are technical in nature, usually requiring extensive technical oversight by MDE. Discharges impacting soil or groundwater occurred at this location. A remediation plan, approved by MDE, is underway at this site.

• Center Point Terminal Baltimore, LLC & Petroleum Fuel & Terminal Company, Baltimore City

  On June 2, 2009, a Circuit Court judge signed a Consent Decree requiring payment of $250,000 for alleged violations.

Water Pollution Enforcement Actions

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 greater than 5,000 square feet or 100 cubic yards 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 requires that property owners notify MDE before conducting work in non-tidal wetlands and waterways of the State. MDE assess the impact on non-tidal wetlands and, if appropriate will issue a permit authorizing the work. The regulations governing non-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.

• Nancy Chau Bounds, Cabin Creek Road, Hurlock, Dorchester County

  On July 21, 2009, a Site Complaint and Order were issued to the property owner for alleged violations of state law requiring erosion and sediment control approval for grading and filling operations. In conjunction with this alleged violation, the owner was directed to provide approved stabilization methods to the disturbance to abate sediment pollution.

  MDE issued a second Site Complaint to Ms. Bounds alleging unauthorized alterations of nontidal wetlands and their 25-foot buffer. Clearing was performed and fill material was deposited in the disturbed area. The property owner has been ordered to abate the alleged violations by submitting a restoration plan, removing the fill material, and restoring the site to its original condition.

  State law requires that property owners notify MDE before conducting work in tidal wetlands and waterways of the State. MDE assess 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.

• Carole J. Jurney, Cobb Island, Charles County

  On June 26, 2009, MDE executed a settlement agreement to resolve alleged violations involving the construction of a pier platform. Ms. Jurney reduced the size of the platform to MDE’s requirements. The agreement includes the payment of a $1,500 penalty to the Tidal Wetlands Compensation Fund.

  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 greater than 5,000 square feet or 100 cubic yards 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.

  United States Air Force and AMEC, Inc./Strategic Planning and Development Facility, Andrews Air Force Base, Prince George’s County: On July 3, 2009, MDE issued a Site Complaint and Stop Work Order that required the pemittee and contractor to stop all work at the site except that which is necessary to bring the site into compliance with the approved Erosion and Sediment Control Plan.

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.

• Mount St. Mary’s University, Emmitsburg, Frederick County

  On June 15, 2009, MDE issued a Corrective Order to address alleged violations of air quality regulations. The Corrective Order requires the University to improve the operation of their coal-fired boiler to comply with Maryland’s visible emission regulations.

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

  On June 30, 2009, MDE issued a Notice of Assessed Civil Penalty seeking $32,000 for alleged violations of air quality regulations by installing and operating a crushing plant without obtaining the required air quality permits, by failing to take appropriate measures to control dust, and by creating an air quality nuisance.

• P&J Contracting, Baltimore City

  On June 30, 2009, MDE issued a Notice of Assessed Civil Penalty seeking $26,000 for alleged violations of air quality regulations by installing and operating a crushing plant without obtaining the required air quality permits, by failing to take appropriate measures to control dust, and by creating an air quality nuisance.

• Lafarge North America, Sparrows Point, Baltimore County

  On July 2, 2009, MDE signed a Settlement Agreement with Lafarge North America. Under the terms of the Settlement Agreement, Lafarge is required to pay a penalty of $46,500 for alleged violations of air quality regulations for failure to monitor and record operational data for their air pollution control equipment.

• Diageo Global Supply (Diageo), Halethorpe, Baltimore County

  On July 9, 2009, MDE issued an Opportunity to Settle Letter to address alleged violations by installing and operating equipment without first obtaining the required 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.

• Page Technologies, Baltimore City and Hagerstown, Washington County

  On June 24, 2009, MDE issued a Notice of Proposed Civil Penalty seeking $15,500 for alleged violations of asbestos regulations at Latrobe Homes in Baltimore and the Maryland Correctional Facility in Hagerstown.

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 that 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.

• Radiation Machines Division

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

• Chizmar Lufburrow & Jordan, D.D.S.: Havre de Grace, Harford County

  On June 17, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Larry H. Bank, D.D.S., Baltimore City

  On June 18, 2009, MDE reached agreement to settle alleged violations for $1,600.

• Alan J. Binstock, D.D.S., Severna Park, Anne Arundel County

  On June 18, 2009, MDE reached agreement to settle alleged violations for $4,000.

• Sterling Dental Center, Silver Spring, Montgomery County

  On June 18, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Stephen M. Varipatis, D.D.S., Baltimore, Baltimore County

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

• Warren Danick & Gerald Landau, D.D.S., Potomac, Montgomery County

  On June 26, 2009, MDE issued a Complaint and assessed a penalty of $6,100 for alleged violations.

• Mendelson Family Dentistry, Owings Mills, Baltimore County

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

• Caroline Larosiliere D.D.S. & Associates, Bowie, Prince George’s County

  On July 8, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Thomas Llewellyn, D.D.S. & Associates, Baltimore, Baltimore County

  On July 13, 2009, MDE reached agreement to settle alleged violations for $2,000.

• Harry L. Friedman, D.D.S., Baltimore, Baltimore County

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

• Edward A. Leventhal, D.D.S., Baltimore City

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

• Robert S. Minch, D.D.S., Lutherville, Baltimore County

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

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