“Through these enforcement actions, the Maryland Department of the Environment continues to take significant steps to protect the health of all Marylanders, especially our children” said Governor Martin O’Malley.
The Waste Management Administration released the following enforcement actions between January 15 and April 15, 2008.
Improper handling of society's byproducts in the form of domestic, commercial and industrial wastes can pose direct threats to both the public health and the quality of Maryland's water resources. Since 1914, Maryland has had laws governing how solid wastes are to be handled to minimize the significant risks posed by these materials, that require that a State refuse disposal permit be issued before anyone can construct or operate a landfill.
"Illegal dumpers should be on notice that MDE will go to any legal extent necessary to stop and punish this sort of behavior," MDE Secretary Shari T. Wilson noted.
On January 31, 2008, MDE issued a Consent Order to Mona Enterprises, Inc., et al. requiring that they pay a civil penalty of $12,000 for violations of solid waste laws. Mona had operated an unpermitted dump for wood waste and some demolition debris on their property in Charles County. MDE sued them in Charles County Circuit Court to stop this unpermitted operation, which led to the settlement. Modern landfills are required to have a both the State permit and sophisticated systems to keep pollutants from escaping the landfill, which the Mona site lacked. In addition to paying the penalty, Mona is also required to clean up the dump, which is ongoing.
The MDE Waste Management Administration (WAS) is responsible for ensuring that underground storage tanks are operated in a manner that protects groundwater. Under Maryland law, when there is a release, MDE requires corrective action to remediate the contamination and can assess fines.
“Leaking underground storage tanks can pose significant risks to groundwater,” said MDE Secretary Shari T. Wilson. “MDE’s aggressive enforcement helps to protect the public health by protecting groundwater, which can be an important source of drinking water.”
On March 28, 2008, MDE issued a Consent Order equaling $40,000 to Euclid of Virginia, Inc. and 3507 Enterprise, LLC for violations of Maryland’s Oil Pollution Laws.
“Lead is one of the most significant and widespread environmental hazards for children in Maryland,” said MDE Secretary Shari T. Wilson. “MDE’s aggressive enforcement of our lead laws is critical to eliminating childhood lead exposure by the year 2010.”
Children are at greatest risk from birth to age six while their neurological systems are developing. Sustained exposure to lead can cause long-lasting neurological damage or death. Effects of sustained exposure include learning disabilities, shortened attention span, irritability, and lowered IQ.
The major source of exposure for children is lead paint dust from deteriorated lead paint or from home renovation. Most childhood exposure occurs through children's normal hand-to-mouth activity after contact with a source of leaded dust. The most effective prevention of childhood lead poisoning is to reduce or eliminate exposure.
The Maryland Department of the Environment's (MDE) Lead Poisoning Prevention Program serves as the coordinating agency of statewide efforts to eliminate childhood lead poisoning. Under the 1994 "Reduction of Lead Risk in Housing Law", MDE assures compliance with mandatory requirements for lead risk reduction in rental units built before 1950; maintains a statewide listing of registered and inspected units; and, provides blood lead surveillance through a registry of test results of all children tested in Maryland.
MDE issued the following lead enforcement actions totaling $770,850.
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Omar Osman, Decatur, Georgia
4 affected properties – On January 24, 2008, MDE sued an Administrative Complaint, Order and Penalty to Omar Osman equaling $35,000 for properties that were out of compliance with risk reduction standards.
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Steve A. Foland, Linthicum, MD
4 affected properties – On January 25, 2008, MDE issued an Administrative Complaint, Order and Penalty to Steve A. Foland equaling $25,500 for properties that were out of compliance with risk reduction standards.
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Glenn W. Smith, Cambridge, MD
1 affected property – On January 31, 2008, MDE issued an Administrative Complaint, Order and Penalty to Glenn W. Smith equaling $20,000 for a property that was out of compliance with risk reduction standards.
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Andrew Osazuwa, Bowie, MD
4 affected properties – On January 31, 2008, MDE issued an Administrative Complaint, Order and Penalty to Andrew Osazuwa equaling $27, 500 for properties that were out of compliance with risk reduction standards.
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Johnny Rhodes and Chaunte Edwards, Baltimore MD
8 affected properties – On February 5, 2008, MDE issued an Administrative Complaint, Order and Penalty to Johnny Rhodes and Chaunte Edwards equaling $49,500 for properties that were out of compliance with risk reduction standards.
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Edwin Ndubisi, Fort Washington, MD
10 affected properties – On February 11, 2008, MDE issued an Administrative Complaint, Order and Penalty to Edwin Ndubisi equaling $31,500 for properties that were out of compliance with risk reduction standards.
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Shabana Yakcub and Mahesh Dayaram
14 affected properties – On February 11, 2008, MDE issued an Administrative Complaint, Order and Penalty to Shabana Yakcub and Mahesh Dayaram equaling $15,000 for properties that were out of compliance with risk reduction standards.
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Arthur Cooke t/a AC Enterprises, Baltimore, MD
1 affected property – On February 12, 2008, MDE issued an Administrative Complaint, Order and Penalty to Arthur Cooke t/a AC Enterprises equaling $16,000 for a property that was out of compliance with risk reduction standards.
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Franklin C. Showell, Catonsville, MD
3 affected properties – On February 15, 2008, MDE issued an Administrative Complaint, Order and Penalty to Franklin C. Showell equaling $33,000 for properties that were out of compliance with risk reduction standards.
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Cicely B.P. Payne, Dorchester Center, Massachusetts
1 affected property – On February 15, 2008, MDE issued an Administrative Complaint, Order and Penalty to Cicely B.P. Payne equaling $16,000 for a property that was out of compliance with risk reduction standards.
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Michael Davis, Baltimore, MD
2 affected properties – On February 15, 2008, MDE issued an Administrative Complaint, Order and Penalty to Michael Davis equaling $49,500 for properties that were out of compliance with risk reduction standards
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Kimberly F. Jones, Accokeek, MD
affected properties – On February 15, 2008, MDE issued an Administrative Complaint, Order and Penalty to Kimberly F. Jones equaling $33,000 for properties that were out of compliance with risk reduction standards.
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Ronald D. Brasher, Columbia MD
affected properties – On February 22, 2008, MDE issued an Administrative Complaint, Order and Penalty to Ronald D. Brasher equaling $22,000 for properties that were out of compliance with risk reduction standards.
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Betty Tunon, Glen Burnie, MD
10 affected properties – Betty Tunon signed a Consent Decree with MDE on February 22, 2008 agreeing to pay a civil penalty to MDE in the amount of $6,000.
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John A. Peoples and Bonnie L. Peoples, Rising Sun, MD
John A. Peoples and Bonnie L. Peoples signed a Settlement Agreement and Consent Order with MDE on February 22, 2008 in the amount of $10,000.
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Percy Mack, Baltimore, MD
3 affected properties – On February 29, 2008, MDE issued an Administrative Complaint, Order and Penalty to Percy Mack equaling $13,000 for properties that were out of compliance with risk reduction standards.
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Barry R. Glazer & Gina Gargeu, Baltimore, MD
10 affected properties - On March 5, 2008, MDE issued an Amended Administrative Complaint, Order and Penalty to Barry R. Glazer and Gina Gargeu equaling $40,000 for properties that were out of compliance with lead paint risk reduction standards.
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Christopher A. Richardson, Columbia, South Carolina
1 affected property – On March 5, 2008, MDE issued an Administrative Complaint, Order and Penalty to Christopher A. Richardson equaling $14,850 for a property that was out of compliance with lead paint risk reduction standards.
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Antonia Rivera, Silver Spring, MD
2 affected properties - On March 12, 2008, MDE issued an Administrative Complaint, Order and Penalty to Antonia Rivera equaling $32,000 for properties that were out of compliance with lead paint risk reduction standards.
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Jeffrey E. Risberg, Baltimore, MD
1 affected property - On March 12, 2008, MDE issued an Administrative Complaint, Order and Penalty to Jeffrey E. Risberg equaling $16,500 for a property that was out of compliance with lead paint risk reduction standards.
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Monique Tate, Fort Washington, MD
2 affected properties - On March 12, 2008, MDE issued an Administrative Complaint, Order and Penalty to Monique Tate equaling $23,000 for properties that were out of compliance with lead paint risk reduction standards.
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Mark B. Howie, Randallstown, MD
2 affected properties - On March 12, 2008, MDE issued an Administrative Complaint, Order and Penalty to Mark B. Howie equaling $22,000 for properties that were out of compliance with lead paint risk reduction standards.
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James McInerney, Bethesda, MD
4 affected properties – On March 12, 2008, MDE issued an Administrative Complaint, Order and Penalty to James McInerney equaling $27,000 for properties that were out of compliance with lead paint risk reduction standards.
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Tri County Properties, LLC, Centreville, MD
6 affected properties - On March 12, 2008, MDE issued an Administrative Complaint, Order and Penalty to Tri County Properties, LLC equaling $24,000 for properties that were out of compliance with lead paint risk reduction standards.
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Rental Maintenance Corporation, Baltimore, MD
3 affected properties - On March 17, 2008, MDE issued an Administrative Complaint, Order and Penalty to Rental Maintenance Corporation equaling $16,500 for properties that were out of compliance with lead paint risk reduction standards.
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Wong B. Johnson, Baltimore, MD
2 affected properties - On March 20, 2008, MDE issued an Administrative Complaint, Order and Penalty to Wong B. Johnson equaling $33,000 for properties that were out of compliance with lead paint risk reduction standards.
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RMS Target Properties, LLC, Baltimore, MD and RM-KENA, LLC, Albany, New York
19 affected properties - On April 2, 2008, MDE issued an Administrative Complaint, Order and Penalty to RMS Target Properties, LLC and RM-KENA, LLC equaling $33,000 for properties that were out of compliance with lead paint risk reduction standards.
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Mitchell B. Mock, Jr., Baltimore, MD
1 affected property - On April 7, 2008, MDE issued an Administrative Complaint, Order and Penalty to Mitchell B. Mock, Jr. equaling $16,500 for a property that was out of compliance with lead paint risk reduction standards.
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Angelo V. Bell, Dumfries, Virginia and Kevin Dozier, Baltimore MD
8 affected properties - On April 7, 2008, MDE issued an Amended Administrative Complaint, Order and Penalty to Angelo V. Bell and Kevin Dozier equaling $30,000 for properties that were out of compliance with lead paint risk reduction standards.
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Horace Waybright and Evelyn Waybright and Waybright Joint Ventures, Gettysburg, Pennsylvania
6 affected properties - On April 9, 2008, MDE issued an Administrative Complaint, Order and Penalty to Horace Waybright and Evelyn Waybright and Waybright Joint Ventures equaling $40,000 for properties that were out of compliance with lead paint risk reduction standards.
