BALTIMORE, MD (October 5, 2009) – The Maryland Department of the Environment (MDE) today announced 17 recent enforcement actions seeking penalties totaling $302,000 for alleged violations of MDE requirements for water, land, 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 to improve the Chesapeake Bay, a key component is the protection of our wetlands and waterways.”

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 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.

• Churchill Development Corporation, Fort Washington, Prince George’s County

  On September 14, 2009, MDE issued a Site Complaint and Stop Work Order for alleged failure to follow the approved Erosion and Sediment Control Plan resulting in sediment pollution of the adjacent waters of the State. The order requires Churchill Development Corporation 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 and to remove the accumulated sediment from the adjacent waters.

  State law requires that property owners notify MDE before conducting any work in tidal wetlands, their buffers, and waterways of the State. 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.

• Alan and Anya Stapleton, Crownsville, Anne Arundel County

  On August 28, 2009, MDE issued a Consent Order for alleged violations of construction in tidal waterways. The Consent Order requires payment of $1,500 to the Tidal Wetlands Compensation Fund.

Air Pollution 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.

• Curtis Bay Energy – Baltimore City

  On August 14, 2009, MDE issued an administrative settlement letter to address alleged violations for exceeding mercury emissions during a stack test.

Land Pollution Enforcement Actions

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 hazardous waste manifest that tracks the waste from generation to disposal. A person must comply with regulations on the storage of the waste and must follow specified procedures to prevent circumstances that could threaten human health or the environment.

• Jack Stone Sign Company, Inc., Landover, Prince George’s County

  On August 18, 2009, MDE issued a Complaint, Order and Administrative Penalty seeking $65,500 for alleged violations.

• Celsis/In Vitro Technologies, Inc., Baltimore City

  On September 3, 2009, MDE issued a Notice of Violation with Penalty seeking $7,000 for alleged violations.

• Fairchild Controls, Frederick, Frederick County

  On September 3, 2009, MDE issued a Notice of Violation with Penalty seeking $7,000 for alleged violations.

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:

• Elizabeth Isabemoh, Baltimore City

  5 affected properties – On August 27, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $17,000 for alleged violations.

• Robert Lambert, Baltimore City

  1 affected property – On August 27, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $17,000 for alleged violations.

• West End Ventures, LLC and Curtis E. Boteler, Baltimore City

  8 affected properties – On August 27, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $26,000 for alleged violations.

• Marsha Johnson Gladden, Baltimore City

  4 affected properties – On September 1, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $18,000 for alleged violations.

• Marc Wynder and 3031 Oakley Avenue, LLC, Baltimore City

  8 affected properties – On September 1, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.

• BH Property Management, LLC and Jadwong Paul Olweny, Baltimore City

  5 affected properties – On September 1, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $11,000 for alleged violations.

• Shelton A. Burton, Baltimore City

  11 affected properties – On September 3, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $18,000 for alleged violations.

• Ernest Spellen and Sandra Spellen, Baltimore City

  8 affected properties – On September 3, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.

• Brett Rodgers, Baltimore City

  9 affected properties – On September 3, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $48,000 for alleged violations.

• James T. Fogle, Walkersville and Frederick, Frederick County

  4 affected properties – On August 27, 2009, MDE issued a Settlement Agreement and Consent Order seeking $8,000 for alleged violations. The penalty has been paid.

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

  5 affected properties – On September 10, 2009, MDE issued a Settlement Agreement and Consent Order seeking $8,000 for alleged violations.

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