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.
Valley Protein – Dorchester County
On October 20, 2022, MDE’s settlement of a lawsuit against Valley Protein, a rendering plant, to address alleged water and air quality violations was entered as a judicial consent decree. Valley Protein exceeded wastewater discharge limits and failed to control air pollution odors. The settlement required implementation of measures to correct the violations and the payment of a $540,000 penalty. The penalty has been paid. Implementation of corrective actions are ongoing.
CSX Transportation – Baltimore City
On December 23, 2022, MDE signed a settlement agreement with CSX for alleged air quality violations stemming from an explosion at their Baltimore coal export facility. The company paid a $15,000 penalty and $100,000 to a community organization performing an environmental project to benefit the neighborhood and its residents.
Holcim Cement – Washington County
On December 20, 2022, MDE issued a stipulated penalty demand letter for $45,000 to Holcim Cement for alleged violations of the terms of a January 2022 settlement agreement. Holcim has paid the stipulated penalty.
Southern Maryland Radiation Oncology Center – Prince George's County
On October 11, 2022, MDE finalized a settlement agreement to resolve alleged violations of Maryland’s radiation control regulations.The alleged violations involved incorrect administration of radiation for one day. Under the agreement, the Southern Maryland Radiation Oncology Center paid a $20,000 penalty.
Shore Health System, Inc. d/b/a University of Maryland Shore Regional Cancer Center – Talbot County
On October 27, 2022, MDE finalized a settlement agreement to resolve an alleged violation of Maryland’s radiation control regulations.The alleged violation involved failing to stop operations, failing to lock a control console in the off position, and failing to have a medical physicist review the results of each spot check within 15 days. Under the agreement, the University of Maryland Shore Regional Cancer Center paid a $15,000 penalty.
Land Pollution Enforcement Actions
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.
ACCSS Inc. d/b/a Eden Quick Stop – Somerset County
MDE issued a Notice of Violation requiring compliance with Maryland’s underground storage tank law and seeking $14,000 for alleged violations.The Notice of Violation was resolved and paid in full November 22, 2022.
SUNOCO, LLC – Maryland
On December 22, 2022, MDE entered into a settlement agreement and consent order to resolve alleged violations of Maryland’s underground storage tank regulations. The defendant agreed to a penalty of $70,200, with $36,000 paid in full and the remaining balance of $34,200 be held in abeyance.
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.
Valley Protein – Dorchester County
On October 20, 2022, MDE’s settlement of a lawsuit against Valley Protein, a rendering plant, to address alleged water and air quality violations was entered as a judicial consent decree. Valley Protein exceeded wastewater discharge limits and failed to control air pollution odors. The settlement required implementation of measures to correct the violations and the payment of a $540,000 penalty. The penalty has been paid. Implementation of corrective actions are ongoing.
Washington Suburban Sanitary Commission - Prince George’s County
On October 20, 2022, MDE issued a $200,000 civil penalty to the Washington Suburban Sanitary Commission to resolve alleged violations of the total nitrogen annual effluent limit in 2019 and 2021 at the Piscataway Water Resource Recovery Facility. The penalty was paid in full.
Lanyard Power Holdings, LLC - Charles County
On December 7, 2022, MDE executed a settlement agreement and consent order with Lanyard Power Holdings, LLC, formerly known as GenOn Mid-Atlantic Point, LLC. The consent order included a $100,000 penalty to resolve alleged violations at the Morgantown Electric Generating Station. The penalty has been paid in full.
Carroll County Bureau of Utilities - Carroll County
On November 15, 2022, MDE issued $82,950 in stipulated penalties to the Carroll County Bureau of Utilities to resolve alleged violations at the Hampstead Wastewater Treatment Plant. The stipulated penalties were issued in accordance with a consent agreement and were paid in full.
Anne Arundel County Department of Public Works - Anne Arundel County
On November 15, 2022, MDE issued a $67,554 penalty settlement to the Anne Arundel County Department of Public Works to resolve sanitary sewer overflow and wastewater treatment plant unauthorized discharges from September 2017 through December 2021. The penalty was paid in full.
Kelly Foods Corporation - Worcester County
On November 28, 2022, MDE issued a $56,527 penalty settlement to resolve alleged violations of a discharge permit at the Kelly Foods Corporation wastewater treatment plant from January 2019 through December 2021.The penalty was paid in full.
Washington Suburban Sanitary Commission - Prince George’s County and Montgomery County
On November 7, 2022, MDE issued $41,362.50 in stipulated penalties to the Washington Suburban Sanitary Commission to resolve sanitary sewer overflows that occurred in 2021 in Prince George’s County and Montgomery County. The stipulated penalties were issued in accordance with a consent decree and were paid in full.
Howard County Department of Public Works - Howard County
On November 28, 2022, MDE issued a $31,189 penalty settlement to the Howard County Department of Public Works to resolve alleged violations of the total phosphorus annual maximum loading rate limitation at the Little Patuxent Water Reclamation Plant in 2021 and four unauthorized discharges from January 2019 through December 2021 at the facility. The penalty was paid in full.
Town of Chesapeake Beach - Calvert County
On December 5, 2022, MDE issued $20,300 in stipulated penalties to the Town of Chesapeake Beach to resolve alleged violations from 2013 through 2018 at the Chesapeake Beach Water Reclamation Treatment Plant. The stipulated penalties were issued in accordance with a consent agreement. The stipulated penalties were paid in full and the consent agreement was terminated.
Frederick County Division of Water and Sewer Utilities - Frederick County
On October 14, 2022, MDE issued a $19,500 penalty settlement to the Frederick County Division of Water and Sewer Utilities to resolve alleged effluent violations at the Crestview Estates Wastewater Treatment Plant from February 2017 through February 2021. The penalty was paid in full.
Cambridge Wastewater Treatment Plant - Dorchester County
On October 14, 2022, MDE issued a $12,068 penalty settlement to the City of Cambridge to resolve 10 unlawful discharges to the ground or surface waters of the state from the city’s sanitary sewer collection system from December 5, 2020, through October 31, 2021. The penalty was paid in full.
Newark Wastewater Treatment Plant - Worcester County
On October 14, 2022, MDE issued a $11,485 penalty settlement to the Worcester County Department of Public Works to resolve the County’s stipulated penalty liability for 58 effluent limit violations of its discharge permit unpermitted spray irrigation activities at the facility in alleged violation of the its groundwater discharge permit from February 15, 2021, through March 30, 2021. With payment of this penalty, MDE acknowledged that Worcester County completed the Enhanced Nutrient Removal (ENR) upgrade at the facility in January 2021 and has fulfilled the requirements of a consent order, which has been terminated.
Charles County Department of Public Works - Charles County
On October 6, 2022, MDE issued a $10,686 penalty settlement to the Charles County Department of Public Works. The penalty resolved alleged violations resulting from 18 sanitary sewer overflows from March 2017 through December 2021. The penalty was paid in full.
Maryland Concrete Septic Tank, Inc. - Baltimore County
On October 10, 2022, MDE entered into a settlement agreement and consent order with Maryland Concrete Septic Tank, Inc., to resolve alleged violations for failure to obtain coverage under a general permit. The settlement agreement included a $10,000penalty. The penalty was paid in full.
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