Press Release

BALTIMORE, MD (February 26, 2010) – The Maryland Department of the Environment today announced 34 recent enforcement actions seeking penalties totaling $646,225 for alleged violations of MDE requirements for water, air and radiation management, and land.

“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.”

Water Pollution Enforcement Actions

State law requires a permit for stormwater discharges associated with construction activity for any activity disturbing one or more acres of earth. This permit stipulates 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 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.

Randall Poseno – Carroll County

On December 29, 2009, the Carroll County Circuit Court ordered Randall Poseno to pay MDE a penalty of $10,000 for sediment control violations and a penalty of $25,000 for sediment pollution violations including unauthorized grading and stream channelization of 700 feet of Big Silver Run and its 100-year floodplain. Further, the Court ordered that MDE be allowed on the site with accompanying law enforcement personnel to ascertain what remedial work is necessary to bring the property into compliance with Maryland environmental laws. The Order requires that if MDE determines additional remediation is necessary, Mr. Poseno must submit a restoration plan and implement said plan after MDE approval.
Carl Belt, Inc. – Cumberland, Allegany County

Carl Belt, Inc. paid a penalty of $15,700 to resolve alleged sediment control, discharge permit, and surface mining violations including excavating and grading and operating a surface mine without first obtaining an approved erosion and sediment control plan, State discharge permit, and State surface mining permit. The required permits have since been obtained and the site is now in compliance.
Nathan Walker Excavating, Inc. – Garrett County

On January 6, 2010, Nathan Walker Excavating, Inc. paid the final installment of a $5,000 penalty to resolve alleged sediment control violations including undertaking grading activity without first obtaining an approved erosion and sediment control plan and failing to implement sediment and erosion controls. The project has been completed and all areas have been stabilized.
Slaters Knoll Estates, LLC. – Grantsville, Garrett County

On December 10, 2009, MDE received a signed Settlement Agreement and Promissory Note from Slaters Knoll to resolve alleged sediment control and discharge permit violations at the subdivision currently under construction. The agreement includes a penalty of $8,000. Recent inspections have shown that site is now in compliance.
Excavating Associates, Inc. – McHenry, Garrett County

On January 5, 2010, Excavating Associates, Inc. paid the final installment of a $10,000 penalty to resolve alleged sediment control and discharge permit violations including failing to implement and maintain the approved erosion and sediment control plan, adhere to the approved sequence of construction, and comply with the self-monitoring requirements of the General Construction Permit. The project has since been brought back into compliance.

State laws require that property owners notify MDE before conducting 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.
Alvarez Contractors, Inc. – Loch Lynn Heights, Garrett County

On January 12, 2010, the Maryland Alvarez Contractors, Inc. paid a penalty of $3,000 to resolve alleged sediment control, discharge permit, and nontidal wetland violations including filling and grading without first obtaining an approved erosion and sediment control plan, a State Discharge Permit, and MDE Wetland and Waterway Authorization for placing fill within buffer of a wetland. A subsequent authorization was issued for the wetland buffer impacts and the filling and grading has been completed and stabilized.
Red Rock Enterprises, LLC – Lonaconing, Garrett County

On November 24, 2009, Red Rock Enterprises, LLC paid a penalty of $1,125 to resolve alleged nontidal wetland violations including harvesting trees within the Primary Protection Area of a Nontidal Wetland of Special State Concern.

State Law requires a State Discharge Permit before constructing, installing, modifying, extending, altering, or operating any outlet or establishment that may discharge pollutants to waters of the State, including surface waters, groundwaters, and wetlands. Discharge permits are issued to many different types of establishments, such as industrial and commercial operations, sewage treatment plants, animal feeding operations, and construction sites. Discharge permits typically include permittee self-monitoring and reporting requirements as well as operational restrictions, best management practices, and effluent limitations for discharges from the site to prevent violations of water quality standards in the receiving waters and adverse impact to aquatic resources and public health.
Quarry Ridge Corporation – Cumberland, Allegany County

On December 30, 2009, Quarry Ridge Corporation paid a penalty of $5,000 to resolve alleged discharge permit violations including failure to have a General Industrial Stormwater Permit and failure to develop and implement a Pollution Prevention Plan. The violations have been resolved.

State law requires that a person obtain a permit from the Department to construct a waterway obstruction or change in whole or part the course, current, or cross-section of any stream or body of water within the State in order to protect the integrity of the water body for all intended uses.
Randolph Bohn – Ellicott City, Howard County

On November 20, 2009, Randolph Bohn paid a penalty of $1,400 to resolve alleged sediment pollution and waterway construction violations including placement of broken concrete within a tributary to the Little Patuxent River. The concrete was removed promptly and the area has been stabilized.

Air Pollution 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.

CCL Insertco, LLC – Baltimore City

On February 3, 2010, MDE issued a Proposed Penalty in the amount of $6,000 to CCL Insertco, LLC to address alleged violations of air quality regulations. Specifically, MDE alleges that CCL Insertco violated air quality requirements by installing and operating a printing press without obtaining the required air quality permit. The Company has since applied for and obtained the required permit.
Mirant – Morgantown, Charles County

On February 9, 2010, MDE issued a demand letter in the amount of $134,000 in stipulated penalties to Mirant to resolve alleged violations of air quality regulations. A Consent Decree, effective March 6, 2008, requires Mirant to pay stipulated penalties for opacity exceedances occurring in the third quarter, 2009, at their coal-fired power plants. A review of the third quarter opacity data from the affected facilities found 134 days of alleged violations. The Consent Decree requires payment of $1,000 for each day of violation. The demand letter is requesting the penalty.

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.

Radiation Machines Division

The following actions are in response to violations of Maryland regulations for the control of ionizing radiation from radiation (x-ray) machines.

Frederick Memorial Hospital – Frederick, Frederick County

On January 7, 2010, Frederick Regional Hospital signed a Settlement Agreement requiring payment of a penalty of $20,000 for an alleged radiation therapy misadministration.
Greater Maryland Dental Partners, P.A. – Waldorf, Charles County

On February 9, 2010, MDE issued a Complaint and Administrative Penalty for $6,000 for alleged violations.

Radioactive Materials Licensing and Compliance Division

The following actions are in response to violations of Maryland regulations for the control of ionizing radiation from the use of radioactive materials (radioisotopes):

Weeks Marine – Hart-Miller Island, Baltimore County

On February 1, 2010, MDE invoiced Weeks Marine for $15,000 for alleged violations, in accordance with a Settlement Agreement that required such payment if future violations were cited within five years. MDE discovered additional alleged violations that took place on November 17, 2009, triggering the additional $15,000 invoice.

Land Pollution Enforcement Actions

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 a hazardous waste manifest that tracks the waste from generation to disposal. A person must comply with regulations on the storage of the waste and must follow specified procedures to prevent circumstances that could threaten human health or the environment.

Composites USA, Inc. – North East, Cecil County

On January 13, 2010, MDE issued a Notice of Violation seeking $5,000 for alleged violations.
PASCO, Inc. – Salisbury, Wicomico County

On January 20, 2010, MDE issued a Complaint seeking $20,000 for alleged violations.
Sensors for Medicine and Science, Inc. – Germantown, Montgomery County

On January 28, 2010, MDE issued a Notice of Violation seeking $5,000 for alleged violations.

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:

Wayne J. Voshell & Linda S. Voshell – Marydel, Caroline County

1 affected property – On January 20, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $17,000 for alleged violations.
Antwone D. Walters – Baltimore City

3 affected properties – On January 20, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $17,500 for alleged violations.
Shakiru A. Makanjuola – Baltimore City

2 affected properties – On January 20, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $33,000 for alleged violations.
Robert J. Groelsema – Frostburg, Allegany County & Hyattsville, Prince George’s County

4 affected properties – On January 20, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.
Marcia S. Michael – Baltimore City

1 affected property – On January 20, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.
Chris C. Degasperi & Shelley L. Degasperi – Westminster, Carroll County

1 affected property – On January 27, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $22,000 for alleged violations.
Edward W. Parks, III & Antionette Parks – Hyattsville, Prince George’s County

1 affected property – On January 28, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.
825 West 38th Street, LLC – Baltimore City

4 affected properties – On February 3, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.
Timothy P. Rualo – Dundalk, Baltimore County & Aberdeen, Harford County

3 affected properties – On February 3, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.
Williamsport, LLC – Hagerstown & Brunswick, Washington County

8 affected properties – On February 3, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.
Rudwan Abu-Rumman & Eileen Welch Abu-Rumman – Lothian & Brooklyn, Anne Arundel County & Baltimore City

7 affected properties – On February 3, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $35,000 for alleged violations.
John Byrd & Thomasina Byrd – Baltimore City

7 affected properties – On February 3, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $33,000 for alleged violations.
Carlton Trent Jones, II & Karen Jones – Baltimore City

1 affected property – On February 9, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.
Tina Giles – Baltimore City

1 affected property – On February 9, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $55,000 for alleged violations.
Francis James Mullin, Jr. – Baltimore City

1 affected property – On January 17, 2010, MDE issued a Settlement Agreement and Consent Order seeking $5,000 for alleged violations.
West End Venture, LLC & Curtis E. Boteler – Baltimore City

8 affected properties – On January 25, 2010, MDE issued a Settlement Agreement and Consent Order seeking $5,000 for alleged violations.
Luis G. George – Baltimore City

26 affected properties – On January 28, 2010, MDE issued a Settlement Agreement and Consent Order seeking $6,000 for alleged violations.

Correction

In a Jan. 28, 2010, press release, MDE reported that “On December 11, 2009, Mr. and Ms. Rosenthal paid a penalty of $1,250 to the Tidal Wetlands Compensation Fund to settle alleged violations for constructing a low profile timber bulkhead without authorization in tidal waters.” The sentence should have read as follows: “On December 11, 2009, Mr. and Ms. Rosenthal paid $1,250 to the Tidal Wetlands Compensation Fund to settle alleged violations for constructing a low profile timber bulkhead without authorization in tidal waters.”

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