BALTIMORE, MD (January 7, 2010) – The Maryland Department of the Environment (MDE) today announced 27 recent enforcement actions seeking penalties totaling $638,400 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.”

Water Pollution Enforcement Actions

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.

• Non-Judicial Settlement Agreement Among The U.S Army Corps of Engineers – Baltimore District

  The Maryland Department of the Environment, and Daryl C. Wagner and DCW Dutchship Island, LLC, Little Island and Lot 4-Dutchship Pointe – Pasadena, Anne Arundel County: On December 4, 2009, MDE executed a settlement agreement for alleged constructing a stone revetment and pier beyond what was authorized by license. The Agreement requires Daryl Wagner to create a marsh and, reduce the size of the pier platform at Little Island, restore nontidal wetlands, and pay a $15,000 penalty to the Tidal Wetlands Compensation Fund, and a $15,000 penalty to the Nontidal Wetlands Compensation Fund is required. In addition, payment of a $10,000 civil penalty to the U.S. Army Corps of Engineers is required.

Air Pollution Enforcement Actions

MDE implements Federal Clean Air Act standards 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.

• Sunoco Partners Marketing & Terminals, L.P. – Baltimore, Baltimore County

  On November 17, 2009, MDE signed a Consent Order with Sunoco to resolve alleged violations of air quality regulations at the bulk gasoline terminal in Curtis Bay. Specifically, MDE alleges that Sunoco violated air quality regulations when it failed to monitor and record a parameter required in its air quality permit. The Order includes a penalty of $30,000 and measures to prevent similar violations in the future.

• CENVEO – Baltimore City

  On December 14, 2009, MDE executed a Consent Order requiring CENVEO to make corrections to address alleged violations of air quality regulations that occurred when the printing plant exceeded their volatile organic compounds limit due to problems with a control device.

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.

• Billy D. Davis, D.D.S. – Baltimore City

  On November 19, 2009, MDE issued a Complaint, Order, and Administrative Penalty for $8,000 for alleged violations.

Radioactive Materials Licensing and Compliance Division

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

• Nader A. Dakak – Bowie, Prince George’s County

  On November 24, 2009, MDE issued a Complaint and Administrative Penalty for $8,000 for alleged violations.

• CTI Consultants, Inc. – Owings Mills, Baltimore County

  On December 10, 2009, CTI Consultants, inc. signed a Settlement Agreement requiring payment of a penalty of $8,400 for alleged violations.

Land Pollution Enforcement Actions

Lead Cases

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:

• William L. Walde – Bethesda, Montgomery County

  3 affected properties – On November 19, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.

• The Estate of George Chester Dehaven, Sr. – Corriganville, Allegany County

  6 affected properties – On November 19, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $38,500 for alleged violations.

• Russell O. Page – Baltimore City

  3 affected properties – On November 19, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $21,000 for alleged violations.

• David Lee Kammann & Cynthia S. Kammann – Baltimore, Baltimore County

  1 affected property – On November 19, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.

• Larry Dawkins & Alice Dawkins – Baltimore City

  10 affected properties – On November 19, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.

• Spaw, LLC, Annapolis – Anne Arundel County

  5 affected properties – On November 19, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $51,500 for alleged violations.

• William P. Donoho & Diana L. Donoho – Parkville, Baltimore County

  6 affected properties – On November 19, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $38,500 for alleged violations.

• John C. Dailey, Lorraine M. Dailey, & Deborah Carter – Baltimore City

  3 affected properties – On November 19, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $55,000 for alleged violations.

• 3125 Virginia Avenue, LLC – Baltimore City

  1 affected property – On December 7, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.

• Stephanie Gail Haynes – Gwynn Oaks, Baltimore County

  2 affected properties – On December 7, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.

• Maurice Harrison, Baltimore City

  5 affected properties – On December 7, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $30,000 for alleged violations.

• Kevin Baughan & JTL Management #2, LLC – Baltimore City

  4 affected properties – On December 7, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.

• Tamara Sadowski – College Park, Hyattsville, Prince George’s County & Cumberland, Allegany County

  9 affected properties – On December 7, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $37,000 for alleged violations.

• Emmanuel Nwokolo & Catherine Nwokolo – Baltimore City

  7 affected properties – On December 10, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.

• Adger Harvin, Jr. & Doris R. Harvin – Baltimore City

  4 affected properties – On December 10, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $ 21,500 for alleged violations.

• Ronald Andrews & Theresa Andrews – Baltimore City

  11 affected properties – On December 14, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $18,000 for alleged violations.

• Mark A. Avery – Baltimore, Anne Arundel County

  5 affected properties – On December 15, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500 for alleged violations.

• Gary S. Teegardin – Baltimore, Baltimore County

  1 affected property – On December 15, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.

• Turner Station Old Mill, LLC, et al. – Baltimore, Baltimore County

  7 affected properties – On November 24, 2009, MDE issued a Settlement Agreement and Consent Order seeking $6,000 for alleged violations.

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

  1 affected property – On November 30, 2009, MDE issued a Settlement Agreement and Consent Order seeking $10,000 for alleged violations. This penalty has been paid in full.

• Barbara K. Davis – Federalsburg, Caroline County

  16 affected properties – On December 8, 2009, MDE issued a Settlement Agreement and Consent Order seeking $15,000 for alleged violations.

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