Press Release

BALTIMORE, MD (November 6, 2009) – The Maryland Department of the Environment (MDE) today announced 24 recent enforcement actions seeking penalties totaling $856,310 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 requires that a person hold a discharge permit before operating any wastewater treatment plant (WWTP) if its operation could cause or increase the discharge of pollutants into waters of the State. The discharge permit contains limitations for certain pollutants and requires self monitoring, including sampling and analysis of the wastewater discharged, and routinely testing and reporting the results to MDE. The plant must ensure that discharges do no exceed allowable pollutant levels and testing results must be reported accurately and timely.

Concord Mobile Home Park L.P. – Concord, Frederick County

On August 28, 2009, MDE signed a Consent Order and Settlement Agreement for alleged violations of wastewater discharge regulations. The Consent Order requires that Concord complete construction of improvements to its wastewater treatment plant by September 20, 2009, and install an emergency generator by November 20, 2009. A licensed engineer must certify that all improvements have been completed in accordance with the Construction Permit within 30 days of completion. Concord Mobile Home Park will pay a penalty of $475,000 to the Maryland Clean Water Fund. MDE received the first installment of $275,000 by the required deadline. The remaining amount of $200,000, will be paid only if Concord is found to be in significant noncompliance with its discharge permit between August 28, 2009, and August 27, 2010.

State law requires a discharge permit issued before constructing, installing, modifying, extending, altering, or operating any facility if its operation could cause or increase the discharge of pollutants into waters of the State. The discharge permit may contain pollution limits and require self-monitoring, including sampling and analysis of the wastewater discharged, along with routine reporting of results. The State requires compliance with the provisions of the permit to ensure that the discharge of wastewater into the receiving stream does not exceed allowable pollutant levels. The regulations governing the discharge of pollutants were developed to protect the State’s natural resources.
Teabow Farm, Inc – Walkersville, Frederick County

On October 16, 2009, MDE filed a civil Consent Judgment in the Circuit Court for Frederick County. The Judgment requires the Farm to upgrade the waste management system by installing an alarm system, implementing a scheduled self-inspection program, and implementing of a Discharge Permit compliance program checklist to prevent future discharges to Glade Creek. The Farm is also required to pay a penalty of $34,150 for past violations of unauthorized discharges of manure waste to waters of the State.

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.
White Sands Civic Association, Lusby, Calvert County

On September 16, 2009, MDE received a penalty settlement of $4,160 to the Sediment Control Fund for alleged failure to implement and maintain the erosion and sediment control approval that placed sediment in a position likely to pollute.

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. State air quality regulations control the amount of pollutants such as volatile organic compound and particulate matter to maintain air quality standards and protect public health.

Severstal - Sparrows Point, Baltimore County

On September 24, 2009, MDE sought corrective action to address alleged violations of air quality regulations including failure to control the emission of volatile organic compounds, air toxics, and particulate matter.
Anderson Company – Upper Marlboro, Prince George’s County

On September 30, 2009, MDE signed a Settlement Agreement with Anderson Company seeking $26,000 alleging that Anderson Company violated air quality requirements by installing and operating a crushing plant without obtaining the required air quality permits, failing to take appropriate measures to control dust, and creating an air quality nuisance.
Gamse Lithographing Company – Rosedale, Baltimore County

On September 30, 2009, MDE signed a Consent Order seeking $15,000 to address alleged violations of air quality requirements and requiring corrective measures. Gamse allegedly failed to maintain the minimum temperature on its air pollution control device as required in its air quality operating permit.

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.

Radioactive Materials Licensing and Compliance Division

The following actions are in response to alleged violations of Maryland regulations for the control of ionizing radiation from the use of radioactive materials (radioisotopes):

Century Engineering – Hunt Valley, Baltimore County

On September 30, 2009, MDE issued a Complaint and Administrative Penalty for $13,000 for alleged radioactive materials violations.
GBMC Healthcare, Inc. – Baltimore, Baltimore County

On October 5, 2009, MDE issued a Complaint and Administrative Penalty for $9,500 for alleged radioactive materials violations.

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.

USA Lights/Environmental Preservation Associates, Prince George’s County

On September 22, 2009, MDE issued a Complaint, Order, and Administrative Penalty seeking $100,000 for alleged violations.

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 Permit is required for the installation, alteration, or extension of a solid waste acceptance facility 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 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 September 22, 2009, MDE issued a Settlement Agreement and Consent Order seeking $12,000 for alleged violations of refuse disposal regulations.

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:

Oluranti Jacob Awe, Baltimore City

3 affected properties – On September 22, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $22,000 for alleged violations.
Richard Burke and John Burke, Baltimore City

3 affected properties – On September 22, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.
American Equity Rentals Three, LLC, Baltimore City

11 affected properties – On September 22, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.
Carl Hutson, Jr. and Rose Marie Hutson, Henderson, Caroline County

1 affected property – On September 22, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500 for alleged violations.
LKW Real Estate, Inc., Baltimore City

3 affected properties – On September 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.
3133 North Calvert, LLC, Baltimore City

1 affected property – On September 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $18,000 for alleged violations.
David B. Shapiro, Pikesville, Baltimore County

4 affected properties – On September 25, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $45,000 for alleged violations.
Jarryn R. Avery and Wanda M. Swartzwelder, Brooklyn Park, Anne Arundel County

7 affected properties – On September 25, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500 for alleged violations.
Pride Investment & Development, LLC, Baltimore City

29 affected properties – On September 25, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $66,000 for alleged violations.
Syed Zakir Shah, Shamim Shah, and Shah Real Estate, LLC, Baltimore City

19 affected properties – On October 1, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking a combined $45,000 for alleged violations.
Ida Gowans, Baltimore City

1 affected property – On October 1, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $22,000 for alleged violations.
TMG 21223, LLC, Baltimore City

3 affected properties – On October 6, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $22,000 for alleged violations.
William A. Glide, Jr., Baltimore City

1 affected property - On October 6, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.
Joseph L. Russ, Baltimore City

1 affected property – On October 2, 2009, MDE issued a Second Consent Decree seeking $8,000 for alleged violations. This penalty has been paid in full.

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