"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 6,581 enforcement actions in Fiscal Year 2020, 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.

The Department of the Environment’s Lead Poisoning Prevention Program serves as the coordinating agency for statewide efforts to eliminate childhood lead poisoning. Under the 1994 "Reduction of Lead Risk in Housing Act,” the Department assures compliance with mandatory requirements for lead risk reduction in rental units built before 1978, 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. Alleged violations typically involve a failure to register properties or meet lead risk-reduction standards. The following actions were for properties alleged to be out of compliance with lead risk-reduction standards:

22 affected properties – On November 30, 2020, the department entered into a Settlement Agreement and Consent Order to resolve alleged violations of Maryland’s lead law. The defendant agreed to a $47,000 penalty.

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.

On November 11, 2020, MDE entered into a Settlement and Consent Order to resolve alleged violations of Maryland’s underground storage tank law. The defendant agreed to a $25,000 penalty.

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. 

State law requires that any activity involving earth disturbance over one acre requires a General Permit for Stormwater Discharges Associated with Construction Activity. This permit requires the implementation of an approved erosion and sediment control plan prior to performing earth grading operations as well as self-monitoring inspections of the erosion and sediment controls.

State law requires any project that impacts waterways, including the 100 year floodplain, shall be authorized by a State Waterway Construction Permit. Construction must proceed in accordance with the permit conditions and the MDE Approved plan. The laws and regulations governing construction projects were developed to protect the State’s natural resources while allowing property owners reasonable use of their property.

On January 8, 2021, LKQ and MDE executed a Complaint and Consent Order to resolve alleged sediment pollution and industrial stormwater permit violations. The Order requires LKQ to submit plans for review and approval to address stabilization of the site, pollution runoff and unauthorized waterway construction. The agreement further requires LKQ to pay a $200,000 penalty to resolve past alleged violations, with $50,000 paid up front and completion of a Supplemental Environmental Project worth $150,000.

 

On November 2, 2020, the department issued $75,500 in stipulated penalties to GenOn to resolve alleged effluent violations at the Chalk Point and Dickerson Generating Stations that occurred in 2016 and 2018, respectively. The stipulated penalties were assessed in accordance with a consent decree.

Plymouth Tunnel – Montgomery County

On December 23, 2020, the department issued a penalty settlement of $39,000 to Purple Line Transit Constructors, LLC, to resolve alleged effluent violations that occurred from June 2018 through June 2020. 

On November 2, 2020, Elm Street Development paid $23,255 to the Clean Water Fund as a penalty settlement for alleged sediment pollution, nontidal wetlands permit and construction stormwater permit violations at the Hamptons West Sewer Construction Project. 

On August 6, 2020, MDE and 9201 Guilford Road Properties, LLC agreed to settle alleged sediment pollution, nontidal wetland permit and construction stormwater permit violations that occurred at the Guilford Self Storage construction project. The parties agreed to a $20,000 penalty paid to the Clean Water Fund in five quarterly payments of $4,000 each.

On October 8, 2020, the department issued $16,600 in stipulated penalties to Kent County to resolve alleged effluent violations from the groundwater treatment system from June 2016 through June 2020. The stipulated penalties were assessed in accordance with a consent agreement.

On November 2, 2020, the department issued a penalty settlement of $12,885 to Frederick County to resolve sanitary sewer overflows that occurred from January 2015 through December 2019.

On October 21, 2020, the department issued a penalty settlement of $10,000 to Landsman, LLC, to resolve alleged discharge permit violations at the Summerhill Mobile Home Park wastewater treatment plant in Crownsville. The alleged violations occurred during the period of January 2018 through August 2020. 

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