Press Release

BALTIMORE, MD (July 9, 2010) – The Maryland Department of the Environment today announced 25 recent major enforcement actions seeking penalties totaling $1.2 million 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 and our environment, and a consistent baseline of enforcement actions prevents further pollution and risks to public health," said MDE Secretary Shari T. Wilson. "The vast majority of Maryland businesses, which are in compliance, deserve to have environmental laws fairly applied across the board."

Water Pollution Enforcement Actions

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.

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.

State law requires that a person hold a State Discharge Permit before they may construct, install, modify, extend, alter, or operate any outlet or establishment that may discharge pollutants to waters of the State, including surface waters, groundwaters, and wetlands. Discharge permits are issued to such establishments 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 harm aquatic resources and public health.

Earth disturbances that exceed one acre are required to obtain a Permit for Stormwater Discharges Associated with Construction Activity from MDE. The Permit requires that an approved erosion and sediment control plan be obtained and implemented and that self-monitoring inspections occur and that a log of such inspections be maintained.

Anthony and Ruth Mereos – Poolesville, Montgomery County

On May 25, 2010, the Circuit Court of Montgomery County found the Mereoses liable for four violations including unauthorized impacts to forested nontidal wetlands, unauthorized waterway construction, sediment pollution, and State discharge permit violations. The violations resulted from the unauthorized clearing, grading, filling, and ditching of 1.8 acres of forested nontidal wetlands and impacts to an unnamed tributary to Broad Run that began in August 2005. The Court fined each defendant $5,000 and both defendants an additional $200,000 jointly and severally that will be held in abeyance contingent on the Mereoses developing and obtaining approval from Department on a wetlands restoration plan prepared by a Registered Professional Engineer. The plan must be submitted and be approved by the Department within six months and then implemented.
City of Rockville and Environmental Quality Resources LLC –Montgomery County

The City of Rockville and its contractor, Environmental Quality Resources, paid a combined $28,000 to the Sediment Control Fund to resolve alleged violations at the Watts Branch stream restoration site, including sediment pollution and sediment control violations and failure to complete required self monitoring inspections at the site required by the General Permit for Stormwater Associated with Construction Activity. Corrective actions have been completed.
Michael and Dawna Ashby – Mt. Lake Park, Garrett County

On May 7, 2010, the Ashbys paid $1,500 to the Maryland Nontidal Wetlands Compensation Fund to resolve alleged nontidal wetlands violations including failing to obtain MDE Nontidal Wetlands Authorization for disturbing 400 square feet of emergent wetlands and 1,800 square feet of wetlands buffer. Corrective actions have been completed.
Prince George’s County Department of Public Works and Transportation – Prince George’s County

On May 15, 2010, Prince George’s County Department of Public Works and Transportation paid $12,800 to the Sediment Fund to resolve alleged violations of sediment control and sediment pollution laws that caused pollution to Indian Creek at a construction site in Beltsville. Corrective actions have been completed.
Fork Christian Church – Baltimore County

On May 18, 2010, Fork Christian Church paid $3,000 to the Maryland Clean Water Fund to resolve alleged violations including earth disturbance activities that occurred prior to the issuance of the General Stormwater Discharge Permit Associated with Construction Activity. Corrective actions have been completed.
Arc of Southern Maryland – Calvert County

On May 14, 2010, Arc of Southern Maryland paid $2,600 to the Sediment Fund to resolve alleged violations including sediment controls that were not implemented and maintained for at least four days at the site, resulting in sediment being placed in a position likely to pollute waters of the State. Corrective actions have been completed.
Cedarville Mobile Home Park – Brandywine, Prince George’s County

On May 14, 2010, MDE executed an Administrative Consent Order to resolve the alleged failure to renew the Cedarville Mobile Home Park discharge permit prior to its expiration date of April 1, 2009, and discharging wastewater to groundwaters of the State without authorization under a discharge permit since April 2, 2009. Following discovery of the unauthorized discharge, MDE directed Cedarville Park Inc. to cease its discharge and to pump and haul all wastewater generated at the Cedarville Mobile Home Park to a permitted wastewater treatment plant for treatment and disposal until such time that the permit application submitted on March 31, 2010, could be processed and a new discharge permit issued. The Consent Order authorizes the Cedarville Mobile Home Park to begin discharging treated wastewater that complies with all of the terms and conditions of the expired discharge permit until a final decision on the permit applications is made to issue a new discharge permit. In addition, the Consent Order requires the payment of a $10,000 penalty to MDE’s Clean Water Fund.
American Sugar Refining Inc. – Baltimore City

On June 2, 2010, MDE executed an Administrative Consent Order with American Sugar Refining to resolve alleged violations of the stormwater pollution prevention plan provisions established in American Sugar Refining’s State Discharge Permit. American Sugar Refining will pay $100,000 to the Maryland Clean Water Fund and perform site upgrades to prevent the discharge of pollutants in stormwater discharges from the site by October 30, 2010.

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.

Air Quality Violations

Eastalco Aluminum Company – Baltimore City

On May 19, 2010, MDE signed a Settlement Agreement with Eastalco Aluminum Company that addresses alleged violations of air quality requirements that occurred when the Company unloaded aluminum ore from a ship without operating its air pollution control equipment. The Agreement requires payment of a $25,000 penalty.

Land Pollution Enforcement Actions

Hazardous Waste Case

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 document that tracks it from generation to disposal (the hazardous waste manifest). A person must comply with regulations on the storage of the waste, and must follow specified procedures to prevent the occurrence of circumstances which would threaten human health or the environment.

McLaughlin Electric Company – Baltimore City

On May 20, 2010, MDE issued a Complaint 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:

KEBL Properties – Baltimore City

9 affected properties – On June 11, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $50,000 for alleged violations.
Kutcher and Associates LLC – Westminster, Taneytown, and New Windsor, Carroll County

4 affected properties – On June 11, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $26,500 for alleged violations.
Lily Tedla and Aklile Gessesse – Baltimore City

6 affected properties – On June 11, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000 for alleged violations.
Rosevear LLC, William F. Gossage Jr., and Elaine C. Gossage – Sykesville, Carroll County

3 affected properties – On June 11, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking a combined $165,000 for alleged violations.
Louella and Brian Fowble – Manchester, Carroll County

2 affected properties – On June 11, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $22,500 for alleged violations.
Danielle Henson – Baltimore City

8 affected properties On June 11, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $30,000 for alleged violations.
Alice I. Wilcom and A.L. Wilcom LLC – Walkersville, Frederick County

3 affected properties – On June 11, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking a combined $55,000 for alleged violations.
Emmanuel Lamptey and Shannon Lamptey – Baltimore City

3 affected properties – On June 11, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $33,000 for alleged violations.
Alonzo and Monica Williamson – Baltimore City

3 affected properties – On June 14, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.
Robert St. Cyr – Baltimore City

3 affected properties – On June 14, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.
R.M.S. Target Properties LLC, RM Rosen LLC, RM-AS LLC, RM-MA LLC, RM-MAKO LLC, RM-TGM LLC, RM-WILLIAMS LLC, RM-YS LLC, and Arnon Magal – Baltimore City

22 affected properties – On June 14, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking a combined $296,000 for alleged violations.
Marvin E. Lohr Jr. and Lohr Properties LLC – Hagerstown, Washington County

2 affected properties – On June 14, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $11,000 for alleged violations.
Maxine Carthens and Marlon Richardson – Baltimore City

8 affected properties – On June 14, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking a combined $65,000 for alleged violations.
825 West 38th Street LLC – Baltimore City

4 affected properties – On June 15, 2010, MDE entered into a Settlement Agreement and Consent Order seeking $5,000 for alleged violations.

In addition the Lead Poisoning Prevention Program accredits and enforces performance standards for inspectors and contractors working in lead hazard reduction. The following action is for a contractor and inspector alleged to be out of compliance with state regulations:

MAB Realty Group LLC – Baltimore City

On June 11, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $6,000 for alleged violations.

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