Press Release

BALTIMORE, MD (October 7, 2010) – The Maryland Department of the Environment today announced 23 recent major enforcement actions seeking penalties totaling more than $460,000 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, 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 that are in compliance deserve to have environmental laws fairly applied across the board."

Water Pollution Enforcement Actions

Title 9 of the Environment Article 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 a Permit for Stormwater Discharges Associated with Construction Activity from MDE. The 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.

Hovnanian Enterprises, Inc.: On August 5, 2010, the U.S. Environmental Protection Agency, Maryland, Virginia, West Virginia, and the District of Columbia finalized a civil Consent Decree, with Hovanian Enterprises, that resolved alleged violations of the Clean Water Act, state water pollution control laws, and regulations pertaining to the General Permit for Stormwater Discharges Associated with Construction Activity at regional construction sites. Under the terms of the Consent Decree, Hovnanian Enterprises is required to pay a total civil penalty of $1 million to the plaintiffs, including a $67,000 penalty to the State of Maryland Clean Water Fund that has been paid. The Consent Decree also requires the defendant to comply at all times with the terms of applicable permits at its construction sites and implement a Builder’s Compliance Program and submit compliance summary reports to EPA and the states.

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.
J. Thomas Armour – Cecil County

On September 15, 2010, MDE issued an Administrative Settlement Agreement and Consent Order for alleged sediment control and water pollution violations on the Armour farm in Rising Sun. The Settlement Agreement requires that corrective actions to restore disturbed areas of the site be completed by January 13, 2011.
Erdman Healthcare Facilities – Calvert County

On August 27, 2010, MDE entered into a Settlement Agreement requiring $53,550 to resolve alleged sediment control and pollution violations at the Calvert Medical Arts Center construction site in Prince Frederick. The alleged violations included failure to maintain erosion and sediment controls and placing sediment in a position likely to pollute waters of the State. Corrective actions have been taken to resolve the alleged violations.
Synergics Wind Energy, Roth Rock Wind Power Project – Garrett County

On August 25, 2010, MDE issued a Site Complaint and Stop-Work Order to Synergics Wind Energy, LLC and their contractor, White Construction, Inc., for alleged sediment control violations at the Roth Rock Wind Power construction project. The Order required that all work cease except that necessary to implement the approved erosion and sediment control plan. The Stop-Work Order was subsequently lifted on September 9, 2010, following an MDE inspection that confirmed the site had returned to compliance.
Frederick County Department of Public Works – Frederick County

On September 8, 2010, Frederick County paid $13,300 to the Clean Water Fund to resolve alleged sediment control violations that occurred at the Pinecliff Park Stream Restoration project located near the City of Frederick. Corrective actions have been taken to address the alleged violations and the project has now been completed.
Bradley/Nason JV, LLC, U.S. Army, Aberdeen Proving Grounds, JPEO Site – Harford County

On August 20, 2010, MDE issued a Site Complaint and Stop Work Order to Bradley/Nason JV, LLC, to stop work on the JPEO construction site for alleged sediment control violations. The contractor was directed to stop work at the end of the day and not resume any activity at the site until the stop work order was released by the inspector. The only work allowed was site stabilization and any work necessary to bring the site into compliance with the approved sediment control plan. On September 9, 2010, the Stop Work Order was lifted following an MDE inspection that confirmed the site had returned to compliance.

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.
Joseph Hooker and Darla Sneade – Calvert County

On September 9, 2010, Joseph Hooker and Darla Sneade paid a $1,000 penalty to the Tidal Wetlands Compensation Fund to resolve alleged violations of the Tidal Wetlands Act by performing unauthorized construction of a pier platform without an approved tidal wetlands license at their property located in Owings. The alleged unauthorized structures have been removed.

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.

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.

Center for Bone Dynamics, LLC – Washington County

On August 17, 2010, MDE issued a Complaint and Administrative Penalty seeking $10,000 for an alleged violation of Maryland radiation machine regulations.
Oxon Hill Spinal Care – Prince George’s County

On August 17, 2010, MDE issued a Complaint and Administrative Penalty seeking $10,000 for an alleged violation of Maryland radiation machine regulations.

Land Pollution Enforcement Actions

Oil Control

The Oil Control Program has highly trained staff to help companies and individuals ensure that their Underground Storage Tanks (USTs) are in compliance with State and federal regulations. All regulated USTs within Maryland are required to be registered through the Underground Storage Tank Notification Program. All USTs storing motor fuels (e.g., gasoline, diesel) must meet specific technical standards (corrosion protection, spill/overfill prevention, leak detection, and financial responsibility) or be removed from the ground.

Macy’s Inc. – Hyattsville, Prince George’s County

On September 1, 2010, MDE issued a Notice of Violations seeking $5,000 for alleged violations.

Hazardous Waste

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 that would threaten human health or the environment.

Commercial Retrofitters & Recyclers, LLC – Upper Marlboro, Prince George’s County

On September 1, 2010, MDE issued a Notice of Violation seeking $5,000 for alleged violations.

Lead Poisoning

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:

Bruce Wenick – Hagerstown, Washington County

2 affected properties – On September 1, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.
Mulugeta Y. Misiel & Nile Management, LLC – Baltimore City

2 affected properties – On September 1, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $14,500 for alleged violations.
Efrem Wyatt – Baltimore City

1 affected property – On September 1, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $11,000 for alleged violations.
Michael Pentifallo & Miriam Bunai – Hagerstown, Washington County

1 affected property – On September 2, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $18,000 for alleged violations.
Harold Alexander & Betty Alexander – Hagerstown, Washington County

2 affected properties – On September 2, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $15,100 for alleged violations.
John S. Collins – Ocean City, Worcester County

1 affected property – On September 2, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500 for alleged violations.
Mohammad Munir Khan – Baltimore City

2 affected properties – On September 2, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.
Marlborough Revitalization Limited Partnership – Baltimore City

1 affected property – On September 2, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $60,000 for alleged violations.
Errez Segman – College Park, Prince George’s County

1 affected property – On September 2, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.
Moses G. Parker – Baltimore City

11 affected properties – On September 2, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $22,000 for alleged violations.
Kay Lane & Chad Lane – Baltimore City & Glen Burnie, Anne Arundel County

6 affected properties – On September 14, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking a combined $66,750 for alleged violations.
King of Brooklyn, LLC – Baltimore City

5 affected properties – On September 14, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $13,000 for alleged violations.

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