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 integral to our work to protect public health and keep Maryland communities clean,” said Secretary of the Environment Horacio Tablada. “The Department of the Environment works with facilities to ensure they are in compliance with all requirements and imposes financial penalties on polluters as needed. We do this with a balanced and common-sense approach, 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 15,827 enforcement actions in Fiscal Year 2021, 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.
PSEG Keys – Prince George’s County
On January 19, 2022, MDE’s Air and Radiation Administration and the Office of the Attorney General finalized a settlement agreement with the PSEG Keys gas-fired electrical generating station to resolve alleged air pollution violations. PSEG Keys exceeded particulate matter standards during an emissions test. They have since retested and returned to compliance. PSEG Keys paid a $125,000 penalty and a $75,000 Supplemental Environmental Project to settle the alleged violations.
Holcim Cement Plant – Washington County
On January 26, 2022, MDE’s Air and Radiation Administration and the Office of the Attorney General finalized a settlement agreement with the Holcim Cement Plant to resolve alleged air pollution violations. Holcim exceeded mercury, sulfur, and visible emission standards and failed to conduct required monitoring and to follow-up timely on alleged violations. They have since returned to compliance and paid a $110,000 penalty to settle the case.
Curtis Bay Energy – Anne Arundel County
On January 21, 2022, MDE’s Air and Radiation Administration issued a $16,000 penalty action to the Curtis Bay Energy medical waste incinerator to address alleged air pollution violations. CBE exceeded particulate matter and mercury standards during an emissions test. They have paid the penalty, and since retested and returned to compliance.
Land Pollution Enforcement Actions
Mining
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.
Bluegrass Materials Company, LLC – Cockeysville, Baltimore County
On December 2, 2021, MDE issued a Notice of Violation requiring compliance with Maryland’s mining regulations and seeking $30,000 for alleged violations. The Notice of Violation was resolved and paid in full.
York Building Products Company, Inc. – Port Deposit, Cecil County
On January 19, 2022, MDE issued a Notice of Violation requiring compliance with Maryland’s mining regulations and seeking $25,000 for alleged violations. The Notice of Violation was resolved and paid in full.
RED, LLC – St. Leonard, Calvert County
On February 7, 2022, 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.
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 County
On January 5, 2022, MDE issued a penalty settlement in the amount of $44,360 to the Washington Suburban Sanitary Commission. The penalty resolved an alleged violation of the 2020 annual loading limit for total phosphorus at the Western Branch Water Resource Recovery Facility. The penalty was paid in full.
Dillon’s Bus Service – Anne Arundel County
On January 25, 2022, MDE issued a penalty settlement in the amount of $25,173 to Dillon’s Bus Service to resolve alleged violations of the General Permit for Discharges of Stormwater Associated with Industrial Activity and for unauthorized discharges at their facility from 2018 through 2020. The penalty was paid in full.
St. Mary’s County Metropolitan Commission – St. Mary’s County
On January 31, 2022, MDE issued a penalty settlement in the amount of $17,971 to the St. Mary’s County Metropolitan Commission to resolve sanitary sewer overflows that occurred from their collection system in January 2017 through December 2020. The penalty was paid in full.
Baltimore City Department of Public Works – Baltimore City
On January 7, 2022, MDE issued stipulated penalties in the amount of $81,600 to the Baltimore City Department of Public Works in accordance with a consent agreement. The penalties resolved alleged effluent violations at the Patapsco Wastewater Treatment Plant that occurred in 2017 through 2019. The penalties were paid in full and the consent agreement has been terminated.
Baltimore City Department of Public Works – Baltimore City
On January 31, 2022, MDE and the City of Baltimore entered into a settlement agreement to resolve alleged violations of certain provisions of a permit for the Ashburton Water Filtration Plant, the Druid Lake Reservoir construction site, and for self-reported violations at various locations under this same permit. The agreement included a penalty in the amount of $56,250. The penalty was paid in full.
Baltimore City Department of Public Works – Baltimore City
On February 15, 2022, MDE issued stipulated penalties in the amount of $75,000 to the Baltimore City Department of Public Works in accordance with a consent order. The penalties resolved fats, oils, and grease violations at the Patapsco Wastewater Treatment Plant through December 31, 2020. The penalties were paid in full and the consent order has been terminated.
Washington County Division of Environmental Management – Washington County
On February 16, 2022, MDE issued a penalty settlement in the amount of $32,093 to the Washington County Division of Environmental Management to resolve sanitary sewer overflows and unauthorized discharges at wastewater treatment plants. The penalty was paid in full.
Pheasant Ridge MHC, LLC and Lakeshore Management, Inc. – Carroll County
On February 28, 2022, MDE issued a penalty settlement in the amount of $20,000 to Pheasant Ridge MHC and Lakeshore Management in accordance with a settlement agreement and consent order. The penalty resolved alleged effluent violations at the Pheasant Ridge Wastewater Treatment Plant from January 1, 2017, through June 30, 2019. The penalty was paid in full.
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