Press Release

BALTIMORE, MD (June 9, 2010) –“The Maryland Department of the Environment's top priority is to protect public health and our environment, and a consistent baseline of enforcement actions prevents further pollution and risks to public health," said MDE Secretary Shari T. Wilson. "The vast majority of Maryland businesses, which strive to maintain compliance, deserve to have environmental laws fairly applied across the board."

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.

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.

State law prohibits the discharge of any pollutant into waters of the State, unless such discharge is in compliance with the terms, conditions, and requirements of a discharge permit. Earth disturbances that exceed one acre are required to obtain an National Pollution Discharge Elimination System construction stormwater permit from MDE. The NPDES Permit requires that an approved erosion and sediment control plan be obtained and implemented, and that self-monitoring inspections occur, and that a log of such inspections be maintained.

Marina Property Management LLC/Rhode River Marina – Anne Arundel County

On May 6, 2010, a Site Complaint and Stop Work Order was issued for alleged unauthorized work in tidal wetlands including construction of an unauthorized pier, boatlift, and boat ramp. The Site Complaint and Stop Work Order requires all construction activity related to these unauthorized structures to cease.
Reuwer Long Term Holdings LLC – Howard County

On May 5, 2010, Reuwer Long Term Holdings LLC paid $2,700 to the Sediment Fund to resolve alleged sediment control and nontidal wetlands violations at the Hearthstone at Riverside residential construction site.
Constellation Energy – Deer Park, Garrett County

On May 3, 2010, Constellation Energy paid $12,670 to the Sediment Fund in addition to corrective actions already taken, to resolve alleged sediment control and discharge permit violations at the Criterion Wind Power Project- Electrical Substation construction project.
Turner Construction Company – Bethesda, Montgomery County

On March 25, 2010, Turner Construction Company paid $9,000 to the Sediment Fund to resolve alleged sediment control violations and sediment pollution to Stoney Creek, a tributary of Rock Creek, at the National Naval Medical Center.
Northern Taiga Ventures Inc. – Gaithersburg, Montgomery County

On April 15, 2010, Northern Taiga Ventures Inc. paid $3,000 to the Sediment Fund to resolve alleged sediment pollution violations at the National Institute of Standards and Technology.
Bowman Development Corporation – Washington County

On March 29, 2010, Bowman Development Corporation paid $3,000 to the Sediment Fund to resolve alleged sediment control and sediment pollution violations at the Patriot Federal Credit Union construction site.
Town of Emmitsburg – Frederick County

On April 13, 2010, the Town of Emmitsburg paid $10,100 to the Sediment Fund to resolve alleged water pollution control violations including failure to obtain coverage under the General Permit for Stormwater Discharges Associated with Construction Activity at the Lincoln Avenue Sewer and Water Rehabilitation Project.
William Miles – Frederick County

On April 6, 2010, William Miles paid $1,000 to the Sediment Fund to resolve alleged sediment pollution violations including placing fill earth in the floodplain of Glade Creek without authorization and leaving the earth in a condition and location where it was likely to pollute Glade Creek.
Southway Builders Inc. – Washington County

On April 5, 2010, Southway Builders Inc. paid $2,100 to the Sediment Fund to resolve alleged sediment control and sediment pollution violations at the C. W. Brooks Building site.
H and H Rock LLC – Howard County

On April 6, 2010, H and H Rock LLC paid $850 to the Nontidal Wetlands Compensation Fund to resolve alleged nontidal wetlands violations at the Lennox Park Phase 3 site.
Brian Wilson – Howard County

On April 30, 2010, Brian Wilson paid $700 to the Sediment Fund to resolve alleged sediment control and sediment pollution violations involving unauthorized placement of fill earth within the floodplain of a tributary to Rockburn Branch.
RD Management – Washington County

On April 12, 2010, RD Management paid $3,500 to the Sediment Fund to resolve alleged sediment control and sediment pollution violations at the Longmeadow Shopping Center site.
Randy Pittman – Washington County

On May 3, 2010, MDE executed a settlement agreement requiring Randy Pittman to pay $7,000 to the Sediment Control Fund to resolve alleged sediment control and sediment pollution violations at two construction sites near Hancock.
Max Construction Company – Charles County

On April 19, 2010, Max Construction Company paid $30,000 to the Sediment Fund to resolve alleged sediment control and sediment pollution violations at the construction site of the LaPlata McDonald’s owned by McDonald’s USA, LLC.
North Point Builders Inc. – Anne Arundel County

On April 14, 2010, North Point Builders Inc. paid $8,500 to the Sediment Fund to resolve alleged sediment control and sediment pollution violations at the construction site of the Miller Senate Building.
PCS Homes and Jones of Annapolis – Calvert County

On May 7, 2010, MDE issued a Site Complaint and Stop Work Order to PCS Homes and Jones of Annapolis for allegedly conducting earth moving activities without the required sediment and erosion control measures as required by the site's approved sediment and erosion control plan and for allegedly operating on an expired plan. The Site Complaint and Stop Work order requires all earth moving activity to cease at the site until all sediment and erosion control measures have been installed as required.
Michael Tomkins – Charles County

On April 12, 2010, MDE executed a Settlement Agreement and Consent Order to resolve alleged sediment pollution, sediment control, and waterway construction violations that occurred south of Bensville Road in Waldorf, Charles County. Michael Tompkins has agreed to pay $15,000 to the Sediment Fund and is required to obtain the proper permits and approvals and perform the necessary restoration in accordance with the approved plans.
Steeplechase Development Company LLC – Charles County

On February 25, 2010, MDE executed a Settlement Agreement with Steeplechase Development Co. LLC requiring payment of $8,100 to the Sediment Fund to resolve the alleged failure to install appropriate sediment and erosion control measures at a construction site on Catalpa Drive in La Plata.
Town of Rising Sun – Cecil County

On March 24, 2010, a Civil Consent Decree was entered in the Circuit Court of Cecil County between MDE and the Mayor and Board of Town Commissioners for the Town of Rising Sun regarding improvements to the Town of Rising Sun’s Wastewater Treatment Plant. The Consent Decree requires that the Town implement improvements to enable the Plant to comply with its NPDES/State discharge permit. The Consent Decree requires that the Town of Rising Sun pay $18,150 to the Maryland Clean Water Fund to resolve outstanding effluent violations of the Permit.

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.

Air Quality Violations

Recycled Aggregates – Temple Hills, Prince George’s County

On April 15, 2010, Recycled Aggregates pleaded guilty to criminal charges in Prince George’s County District Court for operating a crushing operation without the required air quality permits. Recycled Aggregates was ordered to pay a $50,000 penalty.
CCL Insertco – Baltimore City

On April 20, 2010, MDE issued a Notice of Assessed Civil Penalty in the amount of $5,000 to CCL Insertco for alleged failure to obtain an air quality permit before installing a new printing press.

Asbestos Violations

Asbestos, a naturally occurring mineral that has been used for a wide range of purposes, has been found to cause cancer and can pose major health risks. State and federal laws and regulations limit public exposure to this hazardous substance, and require that asbestos removal be performed by a licensed contractor.

Marcor Remediation – Queen Anne's County

On April 20, 2010, MDE issued a Notice of Proposed Penalty to Marcor Remediation for alleged violations of asbestos control regulations. MDE inspectors found asbestos workers not properly wearing protective clothing and not properly wearing respirators. The Notice requires an $8,000 penalty.
Dilapidated Demolition – Allegany County

On April 20, 2010, MDE issued a Notice of Proposed Penalty to Dilapidated Demolition for alleged violations of asbestos control regulations including failure to provide notification of an asbestos project, failure to post signs, failure to provide protection for workers, and conducting an asbestos project without a license. The Notice requires a $10,000 penalty.

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.

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.

Vincent E. Difabio D.D.S. – Frederick County

On May 4, 2010, MDE issued a Complaint, Order and Administrative Penalty to Vincent E. Difabio D.D.S. requiring a $5,280 penalty for alleged failure to register the facility and for past due annual fees.
Gordon, Formica & Love P.A. – Prince George’s County

On April 20, 2010, MDE issued a Complaint and Administrative Penalty to Gordon, Formica & Love P.A. requiring a $5,800 penalty for alleged radiation machine violations.
Neurocare Associates P.A. – Montgomery County

On May 12, 2010, MDE issued a Complaint and Administrative Penalty to Neurocare Associates P.A., requiring a $6,000 penalty for alleged radiation machine violations.
Sinai Hospital of Baltimore – Baltimore City

On April 28, 2010, Sinai Hospital of Baltimore signed a Settlement Agreement requiring a $60,000 penalty for alleged radiation treatment misadministrations to a patient.

Land Pollution Enforcement Actions

Solid Waste Case

Sewage sludge (also known as biosolids) is one of the final products of treated sewage at a wastewater treatment plant. Sewage sludge is the fine particulate matter remaining after treatment that breaks down organic matter and destroys disease-causing organisms in sewage. The application of sewage sludge to land returns essential nutrients to the soil, adds organic matter, and can improve the tillability and moisture retention capability of the soil. A Sewage Sludge Utilization Permit is required for any person who collects, incinerates, stores, treats, applies to land, transports, or disposes of sewage sludge or septage in Maryland.

Synagro Central LLC – Harwood, Anne Arundel County

On April 22, 2010, MDE issued a Notice of Violations seeking $5,000 for continued off-site sewage sludge odors.

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:

Edward L. Boone – Baltimore City

1 affected property – On April 22, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $12,000 for alleged violations.
Mark Stevens & Susan Stevens – Federalsburg, Caroline County

2 affected properties – On April 29, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $50,000 for alleged violations.
Paul Wheeler & Dorothy Wheeler – Westminster, Carroll County

5 affected properties – On April 30, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $44,000 for alleged violations.
Janet Musser – Hagerstown, Washington County

1 affected property – On April 30, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.
Thomas Gangl – Baltimore City

3 affected properties – On April 30, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000 for alleged violations.
Chioma Max-Adigwe – Baltimore City

1 affected property On May 5, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $12,500 for alleged violations.
The Estate of George Chester Dehaven Sr. – Corriganville, Allegany County

5 affected properties – On April 27, 2010, MDE entered into a Settlement Agreement and Consent Order seeking $8,000 for alleged violations.
TMG 21223 LLC – Baltimore City

2 affected properties – On April 27, 2010, MDE entered into a Settlement Agreement and Consent Order seeking $8,000 for alleged violations.
Charles M. Davis & Frederick Realty Inc. – Baltimore City

1 affected property – On May 11, 2010, MDE entered into a Settlement Agreement and Consent Order seeking $6,000 for alleged violations.
Gene H. Byrd & Elana R. Byrd – Annapolis, Anne Arundel County

8 affected properties – On May 13, 2010, MDE entered into a Settlement Agreement and Consent Order seeking $7,500 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:

Redline Property Management LLC – Montgomery County

On May 3, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.
James N. Cheatham Jr. D/B/A CJ Lead Specialist – Baltimore City

On May 3, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.

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