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.
Lifoam Industries – Harford County
On June 8, 2022, MDE’s Air and Radiation Administration issued a $13,000 penalty action to Lifoam Industries, a manufacturer of styrofoam products, for alleged air quality violations. Lifoam failed to maintain operational conditions contained in their permit for their air pollution control equipment. They have paid the penalty and returned to compliance.
Gold Bond (National Gypsum) – Baltimore City
On June 8, 2022, MDE’s Air and Radiation Administration and the Office of the Attorney General finalized a settlement agreement with the Gold Bond wallboard manufacturing facility in Baltimore City to resolve alleged air pollution violations. Gold Bond exceeded emission limits for volatile organic compounds and failed to properly control dust and install permitted air pollution control equipment. The settlement agreement requires payment of a $175,000 penalty to settle the violations, as well as a timeframe for return to compliance. Gold Bond has paid the penalty and is complying with the compliance timeframe.
Land Pollution Enforcement Actions
Hazardous waste
Hazardous waste generators must arrange for shipment of their hazardous waste to a facility permitted to accept it or, with the appropriate permits, treat it themselves. A person who ships hazardous waste off-site must use a hauler certified by the Department and the waste must be accompanied by a document that tracks it from generation to disposal (the hazardous waste manifest). A person must comply with regulations on the storage of the waste and must follow specified procedures to prevent the occurrence of circumstances that would threaten human health or the environment.
Pharmaceutics International, Inc. – Hunt Valley, Baltimore County
On April 13, 2022, MDE entered into a settlement agreement and consent order to resolve violations of Maryland hazardous waste law. The defendant agreed to a penalty of $15,000.
Oil Control
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.
Thirsty’s – Delmar, Wicomico County
On February 21, 2022, MDE issued a Notice of Violation requiring compliance with Maryland’s UST Regulations and seeking $10,000 for alleged violations. The Notice of Violation was resolved and paid in full on May 4, 2022.
Top Ten – Salisbury, Wicomico County
On December 28, 2021, MDE issued a Notice of Violation requiring compliance with Maryland’s UST Regulations and seeking $10,000 for alleged violations. The Notice of Violation was resolved and paid in full on May 10, 2022.
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.
State law requires that a person hold a discharge permit issued by the Maryland Department of the Environment 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.
Calvert County Department of Public Works – Calvert County
On June 23, 2022, MDE issued a penalty settlement in the amount of $15,121 to the Calvert County Department of Public Works. The penalty resolved alleged violations resulting from 18 sanitary sewer overflows and three wastewater treatment plant unauthorized discharges that occurred from January 2017 through December 2021. The penalty was paid in full.
Princess Anne Wastewater Treatment Facility, Somerset County
On February 28, 2022, MDE entered into a settlement agreement and consent order with the Somerset County Sanitary District for the Princess Anne wastewater treatment facility to resolve alleged violations concerning the discharge of pollutants from the facility to the Manokin River from May 2014 through August 2021. The facility is now under a consent order through the duration of construction and startup of their Enhanced Nutrient Removal facility. Additionally, a penalty was issued for the discharging of pollutants in the amount of $26,250 and was paid in full.
St. Mary’s County Metropolitan Commission – St. Mary’s County
On June 23, 2022, MDE issued a penalty settlement in the amount of $13,029 to the St. Mary’s County Metropolitan Commission. The penalty resolved alleged violations resulting from 10 sanitary sewer overflows that occurred January through December 2021. The penalty was paid in full.
Baltimore Scrap Corporation – Baltimore City
On May 18, 2022, MDE issued a stipulated penalty in the amount of $63,250 to Baltimore Scrap Corporation for alleged violations under a settlement agreement occurring from January 2020 through May 2021. The settlement agreement was executed in 2017 to resolve alleged violations due to the site’s failure to comply with the General Permit for Industrial Stormwater Discharges. The penalty was paid in full.
Mattawoman Wastewater Treatment Plant – Charles County
On May 2, 2022, MDE entered into a settlement agreement and consent order with Charles County for the Mattawoman Wastewater Treatment Plant (WWTP). The agreement includes an $18,000 penalty to resolve alleged effluent and other permit violations occurring at the facility from March 2013 through April 2022. Under the agreement, the County will establish a plan and schedule for expansions, additions and/or modifications to the WWTP to prevent future violations of their State Discharge Permit. The penalty was paid in full.
Locust Thicket Investors, LLC – Howard County
On June 24, 2022, MDE issued a penalty settlement in the amount of $25,000 to Locust Thicket Investors, LLC. The penalty resolved alleged violations that occurred at a construction site at the intersection of Montgomery Road and Locust Thicket Way September 2020 through January 2021. The alleged violations were due to the failure to control sediment discharges from the site and the failure to comply with the General Permit for Discharges of Stormwater Associated with Construction Activity. The penalty was paid in full.
Bry’s Lawncare and Landscaping, LLC – Harford County
On May 24, 2022, MDE issued a penalty settlement in the amount of $13,857 to Bry’s Lawncare and Landscaping, LLC. The penalty resolved the unauthorized discharge of hydroseed slurry mixture that occurred on Cedarday Drive June 20, 2021 through June 22, 2021. The penalty was paid in full.
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