"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:

A settlement with Home Free Lead Inspections, LLC (Home Free) and two of its inspectors, Charles Gillis and David Gillis, resolved allegations that Home Free and the two inspectors failed to properly perform lead-based paint inspections, issued lead-free inspection certificates for properties that had not been thoroughly inspected, failed to provide notification prior to performing inspections, and failed to submit timely inspection certificates to MDE. As part of the March 2021 settlement, Home Free agreed to a judgment of $400,000, and David Gillis and Charles Gillis agreed to a judgment of $95,000 collectively.

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.

On February 4, 2021, MDE’s Air and Radiation and Land and Materials administrations and the Office of the Attorney General finalized a settlement agreement with Goel Services, an asbestos abatement contractor. The settlement addressed alleged violations for failing to ensure that workers used personal protective clothing and equipment while inside the asbestos work area at a demolition site on Division Street in Baltimore. The company was also cited for an alleged solid waste violation involving improper burial of waste on the site. Goel has paid the $25,000 penalty required by the settlement agreement.

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 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.

State law requires 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.  

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 Corporation, Potomac German Auto, Inc., and the department entered into a consent order to address unauthorized discharges of sediment, oil, and other pollutants and alleged violations of the General Permit for Discharges of Stormwater Associated with Industrial Activities. The consent order included a civil penalty of $200,000. LKQ has paid $50,000 of the civil penalty and intends to resolve the remaining $150,000 with a supplemental environmental project.

On March 4, 2021, the department issued a penalty settlement of $28,623 to APG Aberdeen Area WWTP, to resolve alleged exceedances of the concentration-based annual maximum loading limit for total nitrogen in 2016, 2017 and 2018. The penalty has been paid.

On March 16, 2021, Columbia Country Club paid $16,123 to the Clean Water Fund as a penalty settlement for alleged sediment pollution and NPDES Construction Stormwater Permit violations that occurred at the Columbia Country Club Maintenance Building and Practice Green construction project. The site is complete and in compliance.  

On January 21, 2021, Underwood and Associates, Inc. paid $14,000 to the Clean Water Fund to close the case under a settlement agreement to resolve alleged sediment control, sediment pollution, and non-tidal wetland violations at the North Branch Muddy Creek Floodplain Regeneration project.

On February 5, 2021, the department issued a penalty settlement of $12,000 to Baltimore City DPW to resolve alleged violations associated with an illicit discharge of city water into Dead Run near the Ingleside Avenue Bridge in September 2019. The penalty has been paid.

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