Department of the Environment Significant Enforcement Actions (October 2019 – December 2019)

 
The Maryland Department of the Environment enforces State and federal environmental laws to protect public health and our land, air, water and wetlands resources.

"Enforcement is an important part of what we do to protect public health and keep our communities clean, and we do this with a balanced and common-sense approach,” said Secretary of the Environment Ben Grumbles. “The Department of the Environment works in collaboration with facilities to ensure they are in compliance with all requirements, but we will go after polluters and impose financial penalties when needed. We are committed to changing Maryland for the better – protecting and restoring our environment while providing businesses with clear expectations and a level playing field among the regulated entities."

The majority of the Department’s enforcement and compliance activities involve working with permit holders to correct any minor deficiencies with no formal enforcement action taken or financial penalties assessed. This assistance may be the most efficient method to achieve compliance. If an inspection reveals a significant violation, or if minor violations continue to recur and become a significant problem, then enhanced actions are warranted. Such action may take the form of penalties, corrective orders, the filing of injunctions and, in some cases, criminal sanctions.

The Department took 9,914 enforcement actions in Fiscal Year 2019, as reported in the Annual Enforcement and Compliance Report. Below are recent enforcement actions brought to a resolution with financial penalties of $10,000 or more.
  

Land Pollution Enforcement Actions

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 the Department 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. 

  • MedStar Southern Maryland Hospital – Clinton, Prince George’s County 

    On November 19, 2019, the department issued a Notice of Violation requiring compliance with Maryland’s controlled hazardous substance regulations and seeking $12,500 for alleged violations. The Notice of Violation was resolved and paid in full.
     

Air Pollution and Radiation Enforcement Actions

The Department of the Environment’s Air and Radiation Administration ensures that all citizens and businesses are meeting the requirements of the federal Clean Air Act as well as Maryland’s air pollution control laws. The Administration oversees air pollution monitoring, planning and control programs to improve and maintain air quality and a radiation control program to protect the public and occupational workers from unnecessary exposure to radiation from medical equipment and other devices, in conformance with federal and state law.

  • Curtis Bay Energy Settlement Agreement – Baltimore City

    On December 4, 2019, the department and the Curtis Bay Energy medical waste incinerator finalized a Settlement Agreement to address alleged air pollution violations at the plant. Curtis Bay Energy exceeded emissions limitations for a number of air pollutants. The Settlement Agreement required payment of a $20,000 penalty.
     

Water Pollution Enforcement Actions

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. A person must hold a discharge permit issued by MDE before the person may construct, install, modify, extend, alter or operate any facility or disposal system or any other outlet or establishment if its operation could cause or increase the discharge of pollutants into waters of the State.

  • Washington Suburban Sanitary Commission - Montgomery and Prince George’s counties

    On October 10, 2019, the department issued stipulated penalties of $64,875 to the Washington Suburban Sanitary Commission to resolve 105 sanitary sewer discharges from the WSSC collection system from July 1, 2017, through June 30, 2018. The stipulated penalties were assessed in accordance with a civil consent decree.

  • Washington Suburban Sanitary Commission – Montgomery County 

    On November 13, 2019, the department issued a $44,100 stipulated penalty under a consent judgment for alleged violations at the Potomac Water Filtration Plant from June 2018 through June 2019.

  • Grantsville Wastewater Treatment Plant – Garrett County

    On November 26, 2019, the department issued a consent order to the Town of Grantsville resolving past alleged effluent violations and establishing a mechanism for Enhanced Nutrient Removal upgrades at the Grantsville Wastewater Treatment Plant. The Town has agreed to pay a $15,000 penalty in six installments. The plan and schedule for the ENR upgrade, which must allow the plant to comply with all effluent limits in their permit, is due to the department by November 21, 2020.

  • Chaney Enterprises – Prince George’s and Wicomico counties

    On December 23, 2019, the department issued a settlement agreement with Chaney Enterprises L.P. to resolve alleged violations at concrete mixing operations in Salisbury and Seat Pleasant, including unauthorized discharges of contaminated stormwater, deficiencies in the Stormwater Pollution Prevention Plan and in housekeeping requirements of the general permit, and failure to collect wastewater discharge samples at both sites and the submission of inaccurate information on a discharge monitoring report at the Point Pleasant site. The settlement includes a $15,000 penalty.​
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