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List of State Officials - Martin O'Malley, Governor; Anthony Brown, Lt. Governor; Shari T. Wilson, Acting MDE Secretary 

Volume II, Number 10

 February 2007

eMDE is a monthly publication of the Maryland Department of the Environment. It covers articles on current environmental issues and events in the state. 

:: Enforcement and Compliance Notes for Mid-December 2006 to Mid-January 2007

AIR AND RADIATION MANAGEMENT ADMINISTRATION

Gas Station Stage II Vapor Recovery Cases - 1 in Mongomery, 3 in Prince Georges County.  On December 15, MDE issued Assessed Civil Penalties to four gas stations. The actions addressed various violations of Stage II Vapor Recovery regulations, including failure to conduct tests, failure to train workers, failure to post signs, failure to maintain records, and failure to obtain permits. The assessed penalties range from $500 to $4,500. In addition to paying the penalties, the gas stations must perform all remaining corrective actions.Status: The stations have 30 days to request a hearing.


Franklin Square Medical Center – Baltimore County. On December 22, MDE issued a Complaint, Order, and Administrative Penalty in the amount of $10,000 to Franklin Square Medical Center for violations at the treatment facility of regulations governing the owning or operating of an x-ray machine. The facility allowed an occupational worker to receive a whole body radiation exposure in excess of the annual occupational dose limit in the regulations.Status: Franklin Square has requested an invoice for the penalty, and an invoice has been issued. (Reference #RHP 06-09)


Geotechnical Laboratories, Inc. – Howard County. On December 22, MDE issued a Complaint and Notice of Administrative Penalty in the amount of $3,450 to Geotechnical Laboratories, Inc. for violations of several regulations governing the use of radioactive material. Among the violations, the licensee failed to maintain control and surveillance of a nuclear gauge, which resulted in the gauge being struck by a bulldozer and damaged.Status: Geotechnical has 10 days following receipt to request a hearing on the Order and 30 days following receipt to request a hearing on the Administrative Penalty. (Reference #RHP 06-08)


BP North America – Baltimore Metropolitan Area. On January 11, MDE signed a Consent Order with BP to resolve violations of Stage II vapor recovery requirements. The Order requires BP to pay a penalty of $79,600 within thirty days to address the violations. Violations occurred at gas stations in Baltimore City, Baltimore County, Anne Arundel County, Howard County, Montgomery County, and Prince George’s County. BP violated Stage II vapor recovery testing requirements by failing air quality tests required by the regulations, failing to notify ARMA of the tests and the results, and failing to submit test results. In all, 31 BP gas stations were in violation. The violations have since been corrected. Status: Case Closed. (Reference #AQCP 070111)

WATER MANAGEMENT ADMINISTRATION

Environmental Alternatives Recycling, LLC, Baltimore City – On January 9, 2007, MDE issued an administrative complaint, order and penalty against Environmental Alternatives Recycling, LLC located at 1030 Edison Highway in Baltimore City for alleged NPDES permit violations at its concrete and asphalt recycling facility. The company is ordered to implement various corrective actions to clean up accumulated sediments from the facility to prevent sediment pollution to waters of the State and to implement an approved stormwater pollution prevention plan. Administrative penalties totaling $6,500 for violations of Sections 9-322 and 323 of the Environment Article (water pollution) and $1,800 for violations of Section 4-413 (sediment pollution) have been assessed in this case. Status: Case pending opportunity for appeal (Reference Case No. AO-07-0433).

Mayor and City Council of Baltimore, Baltimore City – On December 12, 2006, Baltimore City was issued a stipulated penalty of $21,675 to be paid to the Maryland Clean Water Fund for reported sanitary sewer overflows that occurred during the period July – December 2005 in accordance with the provisions of the federal/State Consent Decree (#JFM02CVA1524) between Baltimore City, MDE and EPA. Status: Case closed. (Reference Case No. SP-07-0420).

Washington Suburban Sanitary Commission (WSSC) – On November 29, 2006, WSSC was issued a stipulated penalty of $11,275 and on December 12, 2006 a stipulated penalty of $7,637.50 to be paid to the Maryland Clean Water Fund for reported sanitary sewer overflows that occurred during the period April – September 2006 in accordance with the provisions of federal/State Consent Decree (#PJM-04-3679).Status: Case closed. (Reference Case No. SP-07-0416).

Water and Sediment Pollution Penalties – Statewide
During the period December 14, 2006 to January 15, 2007, MDE collected an additional $3,500 to the Maryland Clean Water Fund in resolution of alleged water pollution violations from one facility and $3,700 to the Maryland Sediment Fund in resolution of alleged sediment control and sediment pollution violations from one site. 

WASTE MANAGEMENT ADMINISTRATION ENFORCEMENT ACTIONS > $5,000

Mark Bastille, Bettina Bastille and Karen Rafala, Baltimore County – 4 affected properties – On December 19, MDE issued an Administrative Complaint, Order and Penalty equaling $20,000 to Mark Bastille, Bettina Bastille and Karen Rafala for violations of Maryland’s Lead Laws by failing to register properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Mark Bastille, Bettina Bastille and Karen Rafala have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-03-9440)

Andrew J. Burns, III, Andrew J. Burns, IV, Christopher Burns and Raymond Burns, Baltimore City – 21 affected properties – On December 19, MDE issued an Administrative Complaint, Order and Penalty equaling $35,000 to Andrew J. Burns, III, Andrew J. Burns, IV, Christopher Burns and Raymond Burns for violating Maryland’s Lead Laws by failing to bring the affected properties into compliance with risk reduction standards. Status – Andrew J. Burns, III, Andrew J. Burns, IV, Christopher Burns and Raymond Burns have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Cases Number 2006-30-9431)

Courtneyco, Washington County – 4 affected properties - On December 22, MDE entered into a settlement agreement with Courtneyco, which contained a penalty equaling $6,000 for violations of Maryland Lead Laws by failing to bring the affected properties into compliance with risk reduction standards. Status – The penalty has been paid. (Case Number 2006-21-8353)

Anita Germershausen, Baltimore City – 41 affected properties – On January 4, MDE issued an Administrative Complaint, Order and Penalty equaling $45,000 to Anita Germershausen for violating Maryland’s Lead Laws by failing to bring the affected properties into compliance with risk reduction standards. Status – Anita Germershausen has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9541)

Thomas E. Copsey, St. Mary’s County – 1 affected property – On January 4, MDE issued an Administrative Complaint, Order and Penalty equaling $20,000 to Thomas E. Copsey for violating Maryland’s Lead Laws by failing to register his property and failure to bring the affected property into compliance with risk reduction standards. Status – Thomas E. Copsey has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-18-9606)

Maurice and Georgan Kline, Baltimore City – 27 affected properties – On January 4, MDE issued an Administrative Complaint, Order and Penalty equaling $38,000 to Maurice and Georgan Kline for violation of Maryland’s Lead Laws by failing to register properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Maurice and Georgan Kline have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9590)

Colin and Lorriane Mapp, Baltimore City – 3 affected properties – On January 4, MDE issued an Administrative Complaint, Order and Penalty equaling $22,000 to Colin and Lorriane Mapp for violation of Maryland’s Lead Laws by failing to register properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Colin and Lorriane Mapp have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9320)

Badra Properties, LLC, Baltimore City – 2 affected properties – On January 4, MDE issued an Administrative Complaint, Order and Penalty equaling $13,000 to Badra Properties, LLC for violation of Maryland’s Lead Laws by failing to register properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Badra Properties, LLC has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9482)

Bay Associates Environmental, Inc., Anne Arundel County – On January 5, MDE issued an Amended Complaint, Order and Administrative Penalty equaling $75,000 to Bay Associates Environmental, Inc. for continued violations of Maryland’s Laws and regulations regarding Solid Waste Management. The original Complaint issued in October 2006 contained a $50,000 penalty and stated that Bay Associates Environmental transported Controlled Hazardous Substances (CHS) without an EPA identification number, received CHS at their site without a CHS Facility permit, and operated a Refuse Disposal System without a Refuse Disposal Permit. Follow up inspections found that asbestos waste was being handled at the site. Status – Bay Associates Environmental, Inc. has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Cases Number C-O-07-008)

Lawrence Street Industry, LLC and WWW Enterprises, LLC, Prince George’s County – On January 5, MDE issued a Complaint, Order and Penalty equaling $50,000 to Lawrence Street Industry and WWW Enterprises for open dumping and operation of an unpermitted solid waste processing and transfer station at 4700 Lawrence Street, Hyattsville. Status – Lawrence Street Industry and WWW Enterprises have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Cases Number MDE# C-O-AP-07-SW-012)

Akendre Taylor and Davida Davis, Baltimore City – 2 affected properties – On January 10, MDE issued an Administrative Complaint, Order and Penalty equaling $13,750 to Akendre Taylor and Davida Davis for violation of Maryland’s Lead Laws by failing to register properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Akendre Taylor and Davida Davis have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9773).


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Editorial Board
Maryland Department of the Environment
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http://mde.maryland.gov/
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