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.
CSX Corporation – Baltimore City
On January 10, 2024, MDE issued a $12,500 penalty action to address alleged air pollution violations at the CSX coal pier in Baltimore. CSX failed to obtain an air quality permit for a new boiler the facility installed. The penalty has been paid.
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.
York Building Products Company, Inc. – Cecil County
On February 2, 2024, MDE issued a Notice of Violation to resolve alleged violations of Maryland’s mining law and seeking a $50,000 penalty. The Notice of Violation and penalty have been resolved.
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.
Ibrahim Khatana Inc. – Somerset County
On February 21, 2024, MDE issued a Notice of Violation to resolve alleged violations of Maryland’s underground storage tank and seeking a $15,000 penalty. The Notice of Violation and penalty have been resolved.
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, 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 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 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.
WSSC Potomac Water Filtration Plant - Montgomery County
On January 5, 2024, MDE issued a $248,050 penalty to resolve alleged effluent concentration and loading rate violations from December 2019 through December 2022 in accordance with a consent decree. The penalty was paid in full.
Elm Street Development, Inc. (Hamptons West Phase II) - Frederick County
On February 9, 2024, MDE issued a $49,008 penalty settlement to resolve alleged violations of the general permit for construction and a nontidal wetland and waterway permit from November 1, 2021 to May 11, 2022. The penalty was paid in full.
Conowingo Mobile Home Park Wastewater Treatment Plant - Cecil County
On February 28, 2024, MDE issued a consent order and settlement agreement to resolve unauthorized discharges of sewage from failing septic systems on the site. The settlement agreement includes a $75,000 penalty and requires the owner of the mobile home park to install a new wastewater treatment plant and conveyance system and abandon the current septic tanks and drainfields.
Calvert Hills Phase I - Calvert County
On October 23, 2023, MDE issued a $26,223 penalty to CH East Apartments LLC and $13,777 to Radio Drive LLC to resolve alleged sediment and erosion control issues and discharges of sediment associated with the construction of Calvert Hills - Phase I. The penalties resolved alleged violations from April 2021 through August 2022. The penalties have been paid in full.
Southern Senior High School Wastewater Treatment Plant - Anne Arundel County
On January 18, 2024, MDE issued a $22,500 penalty settlement to resolve alleged violations of the facility’s discharge permit and 12 alleged violations of effluent limits from August 2022 through September 2023. The penalty was paid in full.
Annapolis Bus Company - Anne Arundel County
On March 29, 2024, MDE issued a $20,937 penalty settlement to resolve alleged violations of the general permit for industrial stormwater discharges from September 15, 2016 through August 18, 2023.
Charlotte Hall Metal & Scrap - St. Mary’s County
On March 12, 2024, MDE issued a $10,244 penalty settlement to resolve alleged violations of the general permit for industrial stormwater discharges from October 2018 through January 2024. The penalty is to be paid in full by March 2025.
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