The Maryland Department of the Environment enforces State and federal environmental laws to protect public health and our land, air, water and wetlands resources.
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.
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.
American Yeast – Baltimore County
On September 9, 2022, MDE issued a $17,000 penalty action to American Yeast, a specialty yeast producer, to address alleged air quality violations. American Yeast exceeded volatile organic compound and hydrogen sulfide air quality emissions standards and failed to properly monitor air emissions. They have paid the penalty and have returned to compliance.
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.
Perdue Farms Inc. – Salisbury, Wicomico County
On May 11, 2022, MDE issued a Notice of Violation requiring compliance with Maryland controlled hazardous substance regulations. A 10,000 penalty was paid in full on July 6, 2022.
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.
1515 Belair Rd. LLC (Marathon Gas) – Fallston, Harford County
On September 19, 2022, MDE issued a Notice of Violation requiring compliance with Maryland’s underground storage tank regulations and seeking $10,000 for alleged violations. The Notice of Violation has been paid in full.
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.
York Building Products Company, Inc. - Craigtown, Cecil County
On August 29, 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 has been 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.
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.
Tronox, LLC and Kemira Water Solutions, Inc. – Baltimore City
On September 1, 2022, MDE executed a Settlement Agreement and Consent Order with Tronox, LLC and Kemira Water Solutions, Inc. The agreement included a penalty for Tronox in the amount of $100,000 to resolve alleged effluent violations occurring under their discharge permit for a groundwater remediation project at the site of a former chemical manufacturer on Fort Armistead Road in Baltimore. This penalty has been paid in full. The agreement also requires that Tronox separate its commingled stormwater flow from the neighboring property owned by Kemira with the goal of ensuring that Tronox and Kemira are each responsible for their own discharges. The separation work has been completed.
City of Westminster Wastewater Treatment Plant - Carroll County
On August 22, 2022, MDE issued $31,900 in stipulated penalties to the City of Westminster for alleged violations from 2019 to 2021 of a consent agreement. The consent agreement was entered into in 2011 for the completion of an Enhanced Nutrient Removal upgrade at the City of Westminster Wastewater Treatment Plant.
Tylerton Wastewater Treatment Plant, Somerset County
On September 19, 2022, MDE exercised its right under a consent order to issue stipulated penalties to the Somerset County Sanitary District in the amount of $26,550 for the alleged effluent violations that occurred at the Tylerton Wastewater Treatment Plant for the period of August 2009 through July 2022. The penalty was paid in full.
Worcester County Department of Public Works - Worcester County
On August 3, 2022, MDE issued a penalty settlement in the amount of $16,686 to the Worcester County Department of Public Works. The penalty resolved alleged violations resulting from 11 sanitary sewer overflows that occurred from January 2017 through December 2021, as well as the unauthorized discharges that occurred from the Riddle Farm Wastewater Treatment Plant on April 17 and August 8, 2018, and October 19, 2021, and from the Assateague Pointe Wastewater Treatment Plant on February 11, 2019. The penalty was paid in full.
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