BALTIMORE, MD (April 1, 2009) – Today the Maryland Department of the Environment (MDE) announced forty-seven recent enforcement actions seeking penalties totaling $239,945 for alleged violations of MDE requirements for water, waste, and air and radiation management.

“The Maryland Department of the Environment’s top priority is to protect public health,” said MDE Secretary Shari T. Wilson. “A consistent baseline of enforcement actions, which we are publicizing widely, not only helps prevent further risks to public health but also deters future violations. In addition, as MDE works to improve the Chesapeake Bay, a key component is the protection of our wetlands.”

Water Management Enforcement Actions

MDE’s Water Management Administration protects the public health and the aquatic environment by carefully managing Maryland’s surface and groundwater resources, maintaining safe and reliable drinking water supplies and wastewater treatment systems, and restoring and preserving Maryland’s water and wetlands through efficient and effective implementation of state and federally mandated pollution control and resource management programs.

Environment Article, Title 4 of Maryland Law requires that any property owner obtains an approved erosion and sediment control plan prior to performing an earth grading operation. By obtaining and implementing this approval, the construction activity may be performed in a manner that minimizes impacts to the aquatic resources that may result by sediment deposition. This approval is obtained through the local soil conservation district of the county in which the work is to be performed.

Environment Article, Title 5 of Maryland Law requires that MDE be notified of any work conducted in nontidal wetlands, their buffers, and waterways of the State before starting any work. MDE will issue a permit authorizing the work to be conducted as appropriate.

Environment Article, Title 16 of Maryland law requires that before any work is conducted in tidal wetlands and waterways of the State MDE must be notified of such activities. In appropriate instances, MDE will issue a license or give approvals authorizing the work to be conducted.

• Lorraine and Frances McDade – Earlville, Cecil County

  On February 25, 2009, MDE issued a Site Complaint and Stop Work Order for alleged violations of Title 4 and Title 5. Specifically, the property owners cleared and filled over 5,000 square feet of nontidal wetlands without a nontidal wetlands permit or approved erosion and sediment control plans. The property owners were directed to restore the area with a restoration plan approved by MDE.

• Eric and Tanja Roes – Greensboro, Caroline County

  On March 9, 2009, MDE issued a Site Complaint for alleged violations of Title 16 for the construction of additional platforms and mooring piles in exceedence of the wetlands license. MDE issued a second Site Complaint and Order for alleged violation of Title 5 for constructing unauthorized crossings in a jurisdictional nontidal wetlands and waterway. The property owner has been ordered to abate the violations by removing the unauthorized work.

• Fisher Marine Construction, Inc. – Ocean City, Worcester County

  On March 9, 2009, MDE issued a Site Complaint and Order for placing the dredge spoils at an unapproved location in violation of the issued tidal wetlands license and in violation of Title 16. The contractor has been ordered to abate the violation by removing the spoils to an approved location.

• Violet Rounds – Ocean City, Worcester County

  On March 9, 2009, MDE issued a Site Complaint and Order for failing to obtain approval to receive dredge spoils from the contractor Fisher Marine Construction, Inc. from the project. The placement of the dredge spoils has placed sediment in a position likely to pollute. The property owner has been order to abate the violation by removing the spoils to an approved location.

  Environment Article, Title 9, 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.

• Chopticon High School Wastewater Treatment Plant – Morganza, St. Mary’s County

  On February 6, 2009, MDE issued a consent order for alleged violations of Title 9 for discharging pollutants (ammonia) in excess of permit effluent limits. The consent order requires upgrade of the plant to meet permit effluent limits for ammonia and payment of a penalty to resolve past effluent violations. The consent order also establishes stipulated penalties for future effluent violations.

Waste Management Enforcement Actions

MDE’s Waste Management Administration works to reduce the quantity and toxicity of generated wastes through recycling and source reduction, to ensure the control and proper disposal of waste, to assure that oil is handled in an environmentally safe manner, and to assure that contaminated sites are remediated for viable economic development.

Lead Cases

MDE’s 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. The following actions were for properties alleged to be out of compliance with lead risk reduction standards:

• Khadija Saka – Baltimore City

  3 affected properties – On February 23, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $13,000.

• Kayvonne Whyte – Baltimore City

  7 affected properties – On March 5, 2009, MDE issued a Settlement Agreement and Consent Order seeking $5,000.

• Martha C. Camp and Janice Nalborczyk – Middletown, Frederick County

  3 affected properties – On March 9, 2009, MDE issued an Administrative Complaint, Order and Penalty seeking $20,500.

Oil Cases

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.

• Royal Lands LLC – Rosedale, Baltimore County

  On February 25, 2009, MDE issued a Notice of Violation seeking $5,000 for alleged violations of UST regulations.

• River Market – Pocomoke, Worcester County

  On February 25, 2009, MDE issued a Notice of Violation seeking $5,000 for alleged violations of UST regulations.

• Eastern Petroleum Corporation – Annapolis, Anne Arundel County

  On March 12, 2009, MDE issued a Settlement Agreement and Consent Order seeking $25,000 for alleged violations of UST regulations.

Hazardous Waste Cases

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 MDE and the waste must be accompanied by the hazardous waste manifest that tracks it from generation to disposal. 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. These requirements are defined in Title 26, Subtitle 13 of the Code of Maryland Regulations (COMAR 26.13).

• Advanced Bioscience Labs, Inc. – Kensington, Montgomery County

  On February 19, 2009, MDE issued a Notice of Violation seeking $5,000 for alleged violations of regulations on storage of controlled hazardous substance waste.

• Kirkegaard and Perry Labs (KPL), Inc. – Gaithersburg, Montgomery County

  On February 19, 2009, MDE issued a Notice of Violation seeking $5,000 for alleged violations of regulations on storage of controlled hazardous substance waste.

Air and Radiation Enforcement Actions

MDE’s Air and Radiation Management Administration carries out mandates from the Federal Clean Air Act as well as Maryland’s air pollution control laws and administers air pollution monitoring, planning, and control programs to improve and maintain air quality. The Department also administers a radiation control program in conformance with federal and state law.

Gasoline Vapor Violations

Gasoline vapor recovery at gas stations is essential to protecting air quality. Maryland has strict air quality regulations that require the proper recovery of gasoline vapors when refueling vehicles.

• Anthony Onianwah & Sunil Sethi (Apex Gas Station) – Clinton, Prince George’s County

  On February 17, 2009, MDE issued a Corrective Order and Proposed Penalty seeking $4,100 for alleged violations of Stage II Vapor Recovery regulations.

• Citgo Service Station – Edgewood, Harford County

  On February 17, 2009, MDE issued a Corrective Order and Proposed Penalty seeking $4,100 for alleged violations of Stage II Vapor Recovery regulations.

• Liberty Service Station – Landover Hills, Prince George’s County

  On February 17, 2009, MDE issued a Corrective Order and Proposed Penalty seeking $4,000 for alleged violations of Stage II Vapor Recovery regulations.

• Shell Service Station – Capitol Heights, Prince George’s County

  On February 17, 2009, MDE issued a Corrective Order and Proposed Penalty seeking $2,000 for alleged violations of Stage II Vapor Recovery regulations.

• Friendly Market – Fort Washington, Prince George’s County

  On February 17, 2009, MDE issued a Corrective Order and Proposed Penalty seeking $2,000 for alleged violations of Stage II Vapor Recovery regulations.

• Sunoco Service Station – Greenbelt, Prince George’s County

  On February 17, 2009, MDE issued a Corrective Order and Proposed Penalty seeking $2,100 for alleged violations of Stage II Vapor Recovery regulations.

• BP Service Station – Beltsville, Prince George’s County

  On February 17, 2009, MDE issued a Corrective Order and Proposed Penalty seeking $2,000 for alleged violations of Stage II Vapor Recovery regulations.

• BP Service Station – Baltimore City

  On February 17, 2009, MDE issued a Corrective Order and Proposed Penalty seeking $2,000 for alleged violations of Stage II Vapor Recovery regulations.

• Long Gate Sunoco – Ellicott City, Howard County

  On February 17, 2009, MDE issued a Corrective Order and Proposed Penalty seeking $3,000 for alleged violations of Stage II Vapor Recovery regulations.

• BP Service Station- Columbia, Howard County

  On February 17, 2009, MDE issued a Corrective Order and Proposed Penalty seeking $3,000 for alleged violations of Stage II Vapor Recovery regulations.

Air Pollution Enforcement Actions

• Mr. and Mrs. Barnhart – Oldtown, Allegany County

  On February 25, 2009, MDE issued a Corrective Order for alleged violations of air quality requirements. The enforcement action addresses the construction and operation of an outdoor wood boiler and creating an air pollution nuisance.

• Recycled Aggregates, LLC – Temple Hills, Prince George’s County

  On February 25, 2009, MDE issued a Corrective Order and Proposed Civil Penalty seeking $40,000 for alleged violations of air quality requirements, including failure to obtain air permits, failure to use reasonable precautions to control dust, and creating an air pollution nuisance.

• Mirant Mid-Atlantic – Upper Marlboro, Prince George’s County

  On March 6, 2009, MDE issued a “Demand for Stipulated Penalties” letter seeking $20,000 for alleged violations wherein Mirant failed to notify MDE in a timely fashion that they had completed a milestone in the Consent Decree.

• Enterprise Homes, Inc., Rolling Road Senior Apartments Ltd. Partnership, Laney Materials, LLC, and Whiting-Turner Contracting Company – Catonsville, Baltimore County

  On March 9, 2009, MDE signed a settlement agreement seeking $22,500 for alleged violations of air quality requirements. The parties operated a rock crusher at a Rolling Road development site without obtaining a permit to construct.

Radiation Enforcement Actions

Users of technologies that employ radiation, such as medical and industrial X-ray equipment and devices that contain radioactive material, must meet strict requirements to protect public health. These requirements detail various performance requirements for X-ray machines, precautions for staff who operate the machines and devices, licensing of the sources of the materials used, and documentation.

While violations may result in assessment of a penalty, it is important to note that there were no resulting impacts to the health and safety of the patients or staff at any of these facilities.

The following facility was alleged to be in violation of Maryland radiation control regulations relating to use of radioactive materials:

• Maryland Q.C. Laboratories, Inc. – Aberdeen, Harford County

  On February 17, 2009, MDE sent a Complaint and Administrative Penalty seeking $2,000 for alleged violations.

  The following facility was alleged to be in violation of Maryland radiation control regulations relating the control and security of nuclear gauges containing radioactive material.

• Kim Engineering – Gaithersburg, Montgomery County

  On March 13, 2009, MDE sent a Complaint and Administrative Penalty seeking $7,750 for alleged violations.

  The following facilities were alleged to be in violation of Maryland radiation control regulations relating to use of radiation machines:

• James E. Sullivan, D.D.S. – Fort Washington, Prince George’s County

  On February 12, 2009, MDE sent a proposed Settlement Agreement seeking $4,000 for alleged violations

• Advanced Family Dentistry – Baltimore, Baltimore County

  On February 17, 2009, MDE sent a proposed Settlement Agreement seeking $4,000 for alleged violations.

• Ampili George Abraham, D.D.S. – Catonsville, Baltimore County

  On February 17, 2009, MDE sought a penalty of $500 for alleged violations.

• John P. Irey, D.D.S. – Olney, Montgomery County

  On February 17, 2009, MDE sought a penalty of $500 for alleged violations.

• Towsontown Dental Associates – Towson, Baltimore County

  On February 24, 2009, MDE sought a penalty of $1,000 for alleged violations.

• Yasmin B. Majid, D.D.S. – Wheaton, Montgomery County

  On February 24, 2009, MDE sought a penalty of $500 for alleged violations.

• Sharon F. Whelton, D.D.S. – Cockeysville, Baltimore County

  On February 26, 2009, MDE sought a penalty of $1,000 for alleged violations.

• Charles P. McCausland, III – Towson, Baltimore County

  On February 26, 2009, MDE sought a penalty of $1,000 for alleged violations.

• Wayne L. O’Roark, D.D.S. – Solomons, Calvert County

  On February 26, 2009, MDE sought a penalty of $500 for alleged violations.

• Bel Air Dental Associates – Bel Air, Harford County

  On February 26, 2009, MDE sought a penalty of $250 for alleged violations.

• Deitra Bellamy, D.D.S. – Gambrills, Anne Arundel County

  On February 26, 2009, MDE sought a penalty of $250 for alleged violations.

• Holljes and Saiedy, D.D.S. – Lutherville, Baltimore County

  On February 26, 2009, MDE sought a penalty of $250 for alleged violations.

• Smile Savers of Laurel, LLC – Laurel, Prince George’s County

  On February 26, 2009, MDE sought a penalty of $1,000 for alleged violations.

• Frederick Clark, D.D.S. – Temple Hills, Prince George’s County

  On February 27, 2009, MDE sent a Complaint and Administrative Penalty seeking $4,600 for alleged violations.

• Thomas G. Tzomides, D.D.S. – Baltimore, Baltimore County

  On March 5, 2009, MDE sent a Complaint and Notice of Administrative Penalty seeking $2,460 for alleged violations.

• Diamond and Associates, P.A. – Baltimore, Baltimore County

  On March 6, 2009, MDE sent a Complaint and Administrative Penalty seeking $2,460 for alleged violations.

• Korangy Radiology Associates – Pasadena, Anne Arundel County, and Catonsville, Baltimore County

  On March 13, 2009, MDE sent a Complaint, Order and Administrative Penalty seeking $7,625 for alleged violations at two locations.

• Metropolitan Dental – Silver Spring, Montgomery County

  On March 13, 2009, MDE sent a Complaint, Order and Administrative Penalty seeking $4,000 for alleged violations.

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