Press Release

BALTIMORE, MD (May 7, 2010) – The Maryland Department of the Environment today announced 26 recent major enforcement actions seeking penalties totaling $657,450 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 and our environment,” said MDE Secretary Shari T. Wilson. “A consistent baseline of enforcement actions, which we are publicizing widely, prevents further risks to public health and air, land, and water pollution by deterring future violations.”

Water Pollution Enforcement Actions

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.

Christopher Axtell – St. Leonard, Calvert County

On March 24, 2010, MDE issued a Site Complaint and Stop Work Order for conducting earth disturbance activities in excess of 5,000 square feet for a forest harvest operation without an approved erosion and sediment control plan. The Site Complaint and Stop Work Orders require all activity to cease at the site, that the site be stabilized with vegetation, and that an approved erosion and sediment control plan be obtained prior to any work.
Whiting-Turner Contracting – Baltimore County

On April 2, 2010, Whiting-Tuner Contracting Company paid a $5,000 penalty to the Sediment Fund for alleged violations that sediment controls were not being maintained resulting in sediment pollution. Whiting-Turner allegedly failed to monitor the dewatering activity from an excavation site at Towson University resulting in a discharge of sediment into the stormdrain and ultimately into Towson Run.
Bovis Lend Lease, Inc. – Worcester County

On March 24, 2010, MDE executed a Penalty Settlement of $20,000 with Bovis Lend Lease, Inc., to resolve alleged sediment control and sediment pollution violations that occurred from June 30, 2007, through March 17, 2008, at the Gateway Grand Condominium construction project.
Heavy Equipment License Plate, Inc. – Montgomery County

On February 17, 2010, Heavy Equipment License Plate, Inc. paid $10,250 to the Sediment Fund for alleged violations involving land disturbing activities at the I-270 weigh stations without first obtaining an approved sediment control plan. The unauthorized work left sediment in a location where it was likely to run off into a tributary of Little Bennett Creek.
Somerset Well Drilling Company, Inc. – Worcester County

On March 11, 2010, Somerset Well Drilling paid a $5,000 penalty to the Sediment Fund for alleged unlawful, sediment-laden discharges that occurred during well drilling activities at a residential property in Bishopville.

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.
Liberty Yacht Club – Edgewater, Anne Arundel County

On March 24, 2010, MDE filed a complaint in Anne Arundel Circuit Court against Liberty Yacht Club. The complaint seeks the removal of unauthorized structures and fill from State tidal waters of the South River. The removal work includes piers, finger piers, platforms, a bulkhead, and fill. The complaint also seeks a $40,000 penalty.
Robert G. Renfro and Annette Sante – Swanton, Garrett County

On April 2, 2010, MDE executed a settlement agreement to resolve alleged sediment control, sediment pollution, waterway construction, and nontidal wetland violations that occurred on August 6, 2009. The alleged violations involved unauthorized grading for an access road, excavation and breaching of a small pond, and excavation of an outlet channel through nontidal wetlands. The Settlement Agreement requires Renfro/Sante to pay MDE a $4,500 penalty.
Kem and Caroline Snow and Excell Contracting, LLC – Mount Airy, Carroll County

On March 12, 2010, MDE executed a Consent Order and Settlement Agreement to resolve alleged sediment control and sediment pollution violations that occurred from October 2 through October 10, 2008. The alleged violations included construction of an earthen dam across the natural trout stream to create a pond without the installation of sediment controls, causing unauthorized discharges of soil and sediment to the stream. The agreement includes an $8,000 penalty.

State Law requires that a person hold a State Discharge Permit before they 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 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.
Howard County Department of Public Works – Howard County

On March 9, 2010, MDE executed an administrative Consent Order regarding improvements to the County’s sanitary sewer collection system. The Consent Order requires that the County develop and submit for approval a Capacity Management Operations and Maintenance Program for the evaluation and improvement of the collection system and must perform sewershed evaluations to evaluate and reduce inflow and infiltration into the collection system with the goal of eliminating sewage overflows. The County has agreed to pay $58,400 to the Maryland Clean Water Fund to resolve outstanding overflows.
Cumberland Concrete Corporation – LaVale, Allegany County

On March 23, 2010, MDE executed a Settlement Agreement to resolve alleged discharge permit violations that occurred at the company’s redi-mix and concrete block manufacturing plant. The alleged violations involved discharges of pollutants to Braddock Run and failure to develop and implement a pollution prevention plan. A pollution prevention plan has been developed and is being implemented. The Settlement Agreement requires Cumberland Concrete to a $10,000 penalty.
A&M Concrete Corporation – Saint Mary’s County

On March 11, 2010, MDE executed a Settlement Agreement for alleged violations of the general permit for stormwater discharges associated with construction activity, failure to implement and maintain the erosion and sediment controls of the Soil Conservation District-approved erosion and sediment control plan, and introducing soil or sediment into waters of the State at a State Highway Administration construction site on Maryland Route 5 into an unnamed tributary of Glebe Run. The Settlement Agreement requires that A&M Concrete Corporation pay $12,000 to the Maryland Sediment Fund.
J. Thomas Armour – Rising Sun, Cecil County

On March 11, 2010, MDE issued an Administrative Complaint, Order and Penalty for alleged sediment control, sediment pollution, and water pollution violations during earth-moving activities beginning on May 6, 2009. The Complaint alleges that Mr. Armour excavated earth and added fill to the surface of the horse track on his property without obtaining a State Discharge Permit for Stormwater Discharges associated with Construction Activity or erosion and sediment control plan approval and without adequate sediment controls, resulting in sediment pollution to Stoney Run Creek. MDE is seeking a $116,500 penalty and corrective action to have Mr. Armour cease all earth-moving activities, vegetatively stabilize any portions of the site that were disturbed, and install interim erosion and sediment controls until the disturbed areas are stabilized.

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.

Mirant Mid Atlantic, LLC Montgomery County, Charles County, and Prince George’s County

On April 1, 2010, MDE issued a Demand Letter in the amount of $91,000 in stipulated penalties to Mirant to resolve alleged violations of air quality requirements. Mirant violated a Consent Decree by exceeding opacity limits on 91 days at its coal-fired power plants. The Decree requires payment of $1,000 for each day of violation.
Citrus & Allied Essences Ltd. – Belcamp, Harford County

On April 5, 2010, MDE signed a Settlement Agreement to address alleged violations of air quality regulations including failure to monitor and record the scrubbing solution flow rate of an air pollution control device. The Agreement requires a $5,000 penalty to settle the case.

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.

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.

Dental One Associates (Cross Keys), P.C. – Baltimore City

On March 15, 2010, MDE issued a Complaint and Administrative Penalty requiring an $8,000 penalty, in addition to corrective actions already taken, for alleged radiation machine violations.
Suburban Hospital, Inc. – Montgomery County

On March 15, 2010, Suburban Hospital, Inc. signed a Settlement Agreement requiring a $25,000 penalty, in addition to corrective actions already taken, for an alleged radiation overexposure of a facility contract employee.
Radioactive Materials Licensing and Compliance Division

The following actions are in response to violations of Maryland regulations for the control of radioactive material. In each case the violations were corrected.
Cardinal Health – Prince George’s County

On March 18, 2010, MDE issued a Complaint, Order and Administrative Penalty to Cardinal Health for $5,000 for alleged radioactive materials violations.
Hillis - Carnes Engineering Associates – Washington County and Charles County

On March 17, 2010, Hillis-Carnes Engineering Associates signed a Settlement Agreement requiring a $36,800 penalty, in addition to corrective actions already taken, for alleged radioactive materials 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:

Peggy Miller – Baltimore City

3 affected properties – On March 17, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $30,000 for alleged violations.
Fred W. Shawley, Sr. – St. James, Washington County

1 affected property – On March 17, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000 for alleged violations.
Devin Mitchell and Vanita L. Mitchell – Baltimore City

1 affected property – On March 25, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500 for alleged violations.
MM Enterprise Holdings, LLC – Baltimore City

5 affected properties – On March 30, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.
Nelson C. Marsh and Dorothy C. Marsh – Fairplay, Washington County, and Frederick, Thurmont, Frederick County

5 affected properties – On April 8, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $33,000 for alleged violations.

Derek McGowan Sr. – Baltimore City: 3 affected properties – On April 8, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $45,000 for alleged violations.

Oil Control Cases

The Oil Control Program has highly trained staff to help owners ensure that their Above Ground Storage Tanks (ASTs) are in compliance with State and federal regulations. ASTs with capacities of 1,000 gallons of used oil or 10,000 gallons or more of virgin oil are required to have oil operations permits issued by the Oil Control Program.

Clean Green Fuel, LLC – White Marsh, Baltimore County

On April 1, 2010, MDE executed a Settlement Agreement and Consent Order seeking $5,000 for allegedly operating without an Oil Operations Permit.

Hazardous and Solid 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 document that tracks it from generation to disposal (the hazardous waste manifest). A person must comply with regulations on the storage of the waste, and must follow specified procedures to prevent the occurrence of circumstances which would threaten human health or the environment.

Solid waste acceptance facilities must 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. The Permit regulates the design, construction, operation, and monitoring of such facilities to minimize the impact on public health and the environment. Municipal, rubble, and some industrial waste landfills are required to have liners and leachate collection systems that facilitate the collection of leachate and 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.

Primitive Wood Designs, LLC – Queen Anne, Queen Anne’s County

On April 6, 2010, MDE issued a Consent Order and Settlement Agreement seeking $20,000 for alleged hazardous waste and solid waste violations.

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