"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.
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.
Diageo North America Settlement Agreement – Baltimore County
On February 11, 2020, the department signed a Settlement Agreement with the Diageo distilled spirits processing facility to resolve alleged air pollution violations. Diageo failed to conduct and record weekly inspections of their emissions units. They also failed to timely submit their annual emissions and compliance certification reports. The Settlement Agreement requires the payment of a $35,000 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.
United Container Acquisition Building Trust – Baltimore County
On February 28, 2020, the department acknowledged completion of upgrades to the United Container Acquisition Building Trust Wastewater Treatment Plant in accordance with the applicable consent order. The department also acknowledged payment of the stipulated penalty of $10,200, assessed in August 2019 in accordance with the consent order, to resolve 51 alleged effluent violations at the plant from February 2013 through April 2018. The consent order was terminated on February 28, 2020.
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