"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 Mining Program regulates all surface coal and non-coal mining in the State, and the surface effects from deep mining of coal. The purpose of mining permits is to minimize the effects of sediment and other pollution from surface mining.  In addition to environmental controls, the permit provides for proper land reclamation and ensures public safety. 

On April 6, 2021, MDE issued a Notice of Violation requiring compliance with Maryland’s Mining Regulations and seeking $15,000 for alleged violations. The Notice of Violation was resolved and paid in full.

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 April 12, 2021, MDE’s Air and Radiation Admininstration and the Office of the Attorney General finalized a settlement agreement with the Perryman Generating Station (owned by Constellation Power) to resolve alleged air pollution violations. The generating station failed an emissions test for particulate matter. The station has since retested and returned to compliance. Perryman has paid the $12,500 penalty required by the settlement agreement to settle the violations.

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.

Verso Luke LLC, Consent Decree, Allegany County 

On April 1, 2021, Verso, the Environmental Integrity Project, representing Potomac River Keepers and MDE entered into a consent decree to address ongoing pollution emanating from the West Virginia stream bank into the North Branch Potomac River. The consent decree requires continuation of ground water recovery efforts, routine monitoring of groundwater wells, contaminated seeps, and river quality and additional groundwater exploration in the former ash pond in West Virginia.  In accordance with the consent decree, Verso has paid MDE $798,417 for a $650,000 penalty along with agency costs for response and monitoring and attorney’s fees. MDE continues to monitor the site as recovery operations continue.

On June 23, 2021, the department issued a stipulated penalty under the modified consent decree to Baltimore City DPW to resolve sanitary sewer overflows in 2018 in Baltimore City. A $234,775 penalty has been paid to MDE.

On May 11, 2021, the department issued stipulated penalties to the Washington Suburban Sanitary Commission (WSSC) in accordance with the 2015 Consent Decree. The department issued penalties of $93,950 to resolve 164 alleged violations of effluent limits and for failure to conduct required monitoring, testing, or reporting on four occasions at the Potomac Water Filtration Plant (Facility) during the period of July 1, 2019, through December 31, 2020, The penalties were paid in full.

On June 10, 2021, the department and St. John Properties, Inc. entered into a consent order to establish a plan and schedule for improvements to the Lisbon Business Center’s wastewater treatment plant. The consent order included a civil penalty of $38,480 to resolve previous allegedeffluent violations. The penalty was paid in full.

On April 2, 2021, the department issued a consent order and penalty to Key Recycling, LLC, to resolve alleged water pollution and sediment control violations at its facility at 3810 Fort Armistead Road. The consent order included a $20,000 penalty to be paid quarterly over the next year, with the last payment due in April of 2022. Two installments of the penalty have been paid per the approved schedule, with two more upcoming.

On May 27, 2021, Peterson Companies agreed to pay $12,000 to the Clean Water Fund to settle alleged sediment pollution, construction stormwater permit, and waterway construction violations at the Preserves at Long Branch residential construction project. The site is complete and now in compliance. The penalty has been paid.  

On April 28, 2021, the Town of Cecilton paid $11,800 to the Clean Water Fund as a penalty settlement for alleged effluent violations at the Cecilton Wastewater Treatment Plant from June 2015 through August 2019. The site is in compliance and the penalty has been paid.

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