BALTIMORE, MD (January 28, 2010) – The Maryland Department of the Environment today announced 15 recent enforcement actions seeking penalties totaling $379,430 for alleged violations of MDE requirements for water, air and radiation management, and land.

“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 Law requires a State Discharge Permit before constructing, installing, modifying, extending, altering, or operating any outlet or establishment that may discharge pollutants to waters of the State, including surface waters, groundwaters, and wetlands. Discharge permits are issued to many different types of establishments, such 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 adverse impact to aquatic resources and public health.

State law requires a general permit for stormwater discharges associated with construction activity for any activity disturbing more one or more acres of earth. This permit stipulates 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 also 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.

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.

• Dominion Cove Point, LNG – Calvert, Charles, and St. Mary’s Counties

  On December 28, 2009, MDE finalized a Complaint and Administrative Consent Order with Dominion Cove Point, LNG, LP and Sheehan Pipeline Construction Company to resolve alleged violations including:

  • Unauthorized discharges (fracouts) including drilling returns to Jordan and Zakiah swamps
  • Discharges related to the General Discharge Permit Associated with Hydraulic Testing
  • Failure to update required records
  • Discharge of sediment pollution to St. Leonard’s Creek and associated wetlands
  • Discharge of sediment pollution into the Patuxent River
  • Failure to comply with the erosion and sediment control plan requirements at the Cedar Point Lane site; an
  • Violations of wetland regulations for causing unauthorized impacts to Ketts Pond, Hunting Creek, and St. Leonard’s Creek.

  The alleged violations occurred between March 2007 and December 2008 in connection with the installation of a 36-inch pipeline in Calvert, Charles, and Prince George’s Counties.

  In accordance with the Order, Dominion paid MDE a penalty of $175,000 on December 29, 2009, and will perform remedial work at Ketts Pond by June 28, 2010.

  State Law requires a State Discharge Permit before constructing, installing, modifying, extending, altering, or operating any outlet or establishment that may discharge pollutants to waters of the State, including surface waters, groundwaters and wetlands. Discharge permits are issued for many different types of establishments such 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 adverse impact to aquatic resources and public health.

• Perdue Farms, Incorporated – Wicomico County

  On December 10, 2009, MDE executed a Settlement Agreement and Consent Order for alleged discharge permit violations including failure to have a Class V Operator, unauthorized discharges of wastewater, and effluent discharge violations. The Order includes a penalty of $50,000.

• Hebron Wastewater Treatment Plant – Wicomico County

  On December 2, 2009, MDE executed an Administrative Complaint and Penalty Order to the Town of Hebron for alleged discharge permit violations during 2007 and 2008. Specifically, foam in excess of permit limits was discharged from the outfall location of the Hebron Wastewater Treatment Plant into Rewastico Creek. The Order includes a penalty of $7,680.

  State laws require that property owners notify MDE before conducting 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.

• Mr. Robert C. Rosenthal and Ms. Kelly M. Rosenthal – Edgewater, Anne Arundel County

  On December 11, 2009, Mr. and Ms. Rosenthal paid $1,250 to the Tidal Wetlands Compensation Fund to settle alleged violations for constructing a low profile timber bulkhead without authorization in tidal waters. The bulkhead was removed at the request of an MDE inspector, prior to enforcement action.

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.

• Vincent H. Davis, D.D.S. – Adelphi, Prince George’s County

  On December 18, 2009, this facility signed a Settlement Agreement with MDE for $8,000 for alleged violations.

• Bowie Town Medical Practice – Bowie, Prince George’s County

  On December 28, 2009, MDE issued a Complaint, Order, and Penalty for $10,000 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:

• James L. Gray & Carol L. Gray – Baltimore, Baltimore County

  1 affected property – On November 19, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $11,000 for alleged violations.

• Glen Stone & Katherine Ann Stone – Dundalk, Baltimore County

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

• Bernice Neaves & Marjorie Parham – Baltimore City

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

• Charles Matiella – Baltimore City

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

• Louzena Jefferson – Cambridge, Dorchester County

  1 affected property – On December 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $11,000 for alleged violations.

• Prudencio S. Domingo – Westminster, Carroll County

  1 affected property – On January 6, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $15,500 for alleged violations.

• Vincent R. Groh – Hagerstown, Washington County

  6 affected properties – On January 4, 2010, MDE issued an Amended Settlement Agreement and Consent Order seeking $10,000 for alleged violations. The penalty has been paid in full.

  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:

• Martel Laboratories JDS, Inc. – Harford County

  On December 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $5,000 for alleged violations.

• Alan Czarnowsky – Baltimore City

  On December 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $10,000 for alleged violations.

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