BALTIMORE, MD (December 9, 2009) – The Maryland Department of the Environment (MDE) today announced 39 recent enforcement actions seeking penalties totaling $758,710 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 State Discharge Permit before they may construct, install, modify, extend, alter, or operate any outlet or establishment that may discharge pollutants to waters of the State, including surface waters, groundwaters, and wetlands. Discharge permits are issued to such establishments as industrial and commercial operations, sewage treatment plants, animal feeding operations, and construction sites. Discharge permits typically include permittee self-monitoring and reporting requirements as well as operational restrictions, best management practices, and effluent limitations for discharges from the site to prevent violations of water quality standards in the receiving waters and harm aquatic resources and public health.
State law requires that any activity involving earth disturbance over one acre requires a general permit for stormwater discharges associated with construction activity. This permit requires the implementation of an approved erosion and sediment control plan prior to performing earth grading operations as well as self-monitoring inspections of the erosion and sediment controls.
State law requires that, prior to performing construction activity, a person obtain and implement a Soil Conservation District-approved erosion and sediment control plan for any proposed land clearing or earth disturbance greater than 5,000 square feet that must be 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.
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New Page Corporation, Inc. – Allegany County
On October 13, 2009, New Page Corporation paid a penalty of $18,200 to the Maryland Clean Water Fund for alleged pollutant discharges at the Luke Paper Mill. New Page Corporation allegedly discharged seven unauthorized pollutants including slurried fly ash and bottom ash, wood chips, and chlorinated water to the North Branch of the Potomac River.
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Southern States – Cecil County and Dorchester County
On October 13, 2009, MDE executed a Settlement Agreement to resolve alleged water pollution violations at the Rising Sun and Preston Facilities, which mix and sell fertilizer. Southern States has agreed to enter into a complaint and administrative consent order with a $125,000 penalty and to provide bottled water or other alternative drinking water to affected residents. Southern States is also required to prepare and implement a plan to evaluate the scope of contamination and to remediate the contamination.
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Keystone Lime Company, Inc., Deep Creek Quarry – Garrett County
On September 30, 2009, Keystone Lime Company paid a penalty of $6,800 to resolve discharge permit violations including Total Suspended Solids effluent excursions and agency reporting violations.
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Oak Tree Landing – Prince Frederick, Calvert County
On November 10, 2009, MDE executed a Site Complaint and Order to resolve alleged violations of stormwater and sediment control laws that included the failure to install and maintain erosion and sediment controls per the approved plan, thereby causing sediment pollution and placing sediment in a position likely to pollute. Oak Tree Landing must immediately begin bringing the site into compliance with the approved plans and complete all corrections within 30 days.
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Goel Services, Inc. – Bethesda, Montgomery County
On October 8, 2009, Goel Services paid a penalty of $8,500 to the Sediment Control Fund to settle alleged violations including failure to obtain an erosion and sediment control plan approval and failure to implement and maintain the erosion and sediment controls, resulting in a sediment discharge.
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Forest Hill Industrial Airpark, Inc. – Harford County
On October 14, 2009, Forest Hill Industrial Park paid a penalty settlement of $3,000 to the Sediment Control Fund for alleged violations including failure to obtain coverage under the General Permit for Stormwater Associated with Construction Activity prior to beginning construction, as well as the failure to maintain adequate sediment controls, allowing soil and sediment to enter the outfall to Bynum Run.
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Wagman, Corman, and McLean Joint Venture – Baltimore County
On October 8, 2009, Wagman, Corman, and McLean Joint Venture paid a penalty settlement of $6,000 to the Sediment Control Fund for alleged violations at the Maryland Transportation Authority I-95 Express Toll Lanes highway construction project for the failure to maintain sediment and erosion controls, thereby placing unstabilized soil and sediment in a condition and location likely to pollute, resulting in a sediment discharge to two storm drain inlets that drain to Stemmers Run, waters of the State, during a small rain event.
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Houck Hotel Partners, LLC, Sleep Inn and Suites – Washington County
On October 5, 2009, Houck Hotel Partners paid a penality of $20,700 to resolve alleged sediment control and discharge permit violations including failure to implement and maintain the approved erosion and sediment control plan, to adhere to the approved sequence of construction, and to comply with the self-monitoring requirements of the General Construction Permit. The project has since been completed and all disturbed areas have been stabilized.
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KFM, LLC, Laurelhurst Subdivision – Allegany County
On October 7, 2009, KFM, LLC, Laurelhurst Subdivision paid a penalty of $6,700 to resolve alleged sediment control and discharge permit violations including failure to implement and maintain the approved erosion and sediment control plan, to adhere to the approved sequence of construction, and to comply with the self-monitoring requirements of the General Construction Permit. The project has since been brought back into compliance.
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Galway Bay Corporation, Georges Creek Wastewater Treatment Plant Upgrade – Allegany County
On September 2, 2009, Galway Bay Corporation paid a penalty of $2,000 to resolve alleged sediment control and General Construction Discharge Permit violations including two days where sediment controls had not been maintained and self-monitoring records had not been kept as required by the State Discharge Permit. The violations were immediately corrected.
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Eddie Guy, Inc. – St. Mary’s County
On November 19, 2009, MDE issued an Administrative Complaint and a $52,000 penalty for alleged violations of sediment control and sediment pollution laws and water pollution, including failure to follow the sediment and erosion control plan during earth-moving and other construction activity at the Avonlea Farm Subdivision.
State laws require that property owners notify MDE before conducting any work in tidal and nontidal wetlands, their buffers, and waterways of the State. MDE assesses the impact of any work on tidal and nontidal wetlands and, if appropriate, will issue a permit authorizing the work. The regulations governing 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.
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Joseph Tucker – Galesville, Anne Arundel County
On October 9, 2009, Joseph Tucker paid penalties of $350 to the Tidal Wetlands Compensation Fund and $4,060 to the Sediment Control Fund to settle alleged violations of tidal wetlands laws and sediment and stormwater laws, including the disturbance of over of 5,000 square feet.
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The Estate of Steven B. Hatchik – Newburg, Charles County
On November 5, 2009, MDE executed a Settlement Agreement and Consent Order to resolve alleged violations of tidal wetlands laws, including unauthorized construction over tidal waters. The Estate removed the unauthorized structures and will pay a $10,000 penalty to the Tidal Wetlands Compensation Fund.
State law 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 in order to protect the integrity of the water body for all intended uses.
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Dave Knoche, Bel Air Service Center, Allegany County
On July 7, 2009, MDE issued a Site Complaint and Order for alleged violations including grading, construction of an earth dike, and placement of 27 storage buildings within the 100-year floodplain of an unnamed tributary to the North Branch Potomac River without first obtaining an approved Erosion and Sediment Control Plan and State Waterway Construction Permit. The Order required the immediate removal of the dike and restoration of the floodplain, including removal of the storage buildings until such time as authorized by a valid waterway construction permit from MDE. MDE received the permit applications and agreed to place the portion of the Order requiring removal of the storage buildings from the 100-year floodplain in abeyance pending the outcome of the permit application.
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.
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 violations of Maryland regulations for the control of ionizing radiation from radiation (x-ray) machines.
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Schavez L. Tidwell, D.D.S. – Silver Spring, Montgomery County
On October 15, 2009, MDE issued a Complaint, Order and Penalty for $7,000.
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Vendelis, Evans & Vendelis, D.D.S. – Cockeysville, Baltimore County
On October 15, 2009, MDE issued a Complaint and Administrative Penalty for $8,000.
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Darrin C. Davis, D.D.S. – Baltimore City
On November 10, 2009, MDE issued a Complaint and Administrative Penalty for $8,000.
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Brian C. Moore, D.M.D. – Owings Mills, Baltimore County
On November 10, 2009, MDE issued a Complaint and Administrative Penalty for $5,900.
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.
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Niermann Weeks Company, Inc. – Anne Arundel County
On October 19, 2009, MDE issued a Consent Order seeking $12,500 for alleged violations.
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ERCO, Inc. – Prince George’s County
On October 28, 2009, MDE issued a Notice of Violation seeking $5,000 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:
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Twyla Garrett and Hidden Levels, LLC – Baltimore City
7 affected properties – On October 9, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $44,000 for alleged violations.
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T. Britt Price, Lisa Gallagher-Donaho, and Excel Property Management, LLC – Baltimore City
2 affected properties – On October 9, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.
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Roseline Petro-Siewe – Baltimore City
3 affected properties – On October 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $22,500 for alleged violations.
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Park Arms, LLC – Baltimore City
2 affected properties – On October 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $35,000 for alleged violations.
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Paul R. Williams – Baltimore City
1 affected property – On October 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $10,500 for alleged violations.
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Walter E. Price and Robin Price – Baltimore City
4 affected properties – On November 2, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000 for alleged violations.
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Prisoners Aid Association of Maryland, Inc. – Baltimore City
15 affected properties – On November 2, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $33,000 for alleged violations.
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Sheryl A. Kuhle – Glen Burnie, Anne Arundel County
1 affected property – On November 2, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $21,500 for alleged violations.
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Gene H. Byrd and Elana R. Byrd – Annapolis, Anne Arundel County
8 affected properties – On November 2, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $40,000 for alleged violations.
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Michael Gekht – Baltimore City
11 affected properties – On November 2, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.
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Gladis L. McKoy and James McKoy – Baltimore City
2 affected properties – On November 2, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking a combined $63,000 for alleged violations.
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K Sanga, LLC – Baltimore City
6 affected properties – On November 13, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.
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Mark Murphy, Kristy Murphy, and R G Realty, Inc. – Smithsburg, Washington County
4 affected properties – On November 13, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.
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Diebold Hughes and Barbara Hughes – Baltimore City
9 affected properties – On November 13, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $33,000 for alleged violations.
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James Brad McCready – Cambridge, Dorchester County
1 affected property – On November 13, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $14,000 for alleged violations.
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Neighborhood Rental Services of Baltimore, Inc., et al. – Baltimore City
179 affected properties – On October 23, 2009, MDE issued a Settlement Agreement and Consent Order seeking $17,500 for alleged violations. This penalty has been paid in full.
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Mohammad T. Rahman, et al. – Baltimore City
58 affected properties – On November 10, 2009, MDE issued a Settlement Agreement and Consent Order seeking $20,000 for alleged violations.
In addition the Lead Poisoning Prevention Program 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 state regulations:
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Chijioke Onuoha – Baltimore City
On November 13, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $5,000 for alleged violations.
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