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List of State Officials - Robert (Bob) L. Ehrlich Jr, Governor; Michael S. Steele, Lt. Governor; Kendl P. Philbrick, MDE Secretary 

Volume II, Number 2

 June 2006

eMDE is a monthly publication of the Maryland Department of the Environment. It covers articles on current environmental issues and events in the state. 

:: Enforcement and Compliance Notes for Mid-April to Mid-May 2006

Air & Radiation Management Administration

Eastalco, Frederick County – On April 28, MDE and Eastalco signed a Consent Order to address violations of air quality requirements. The violations include federal air toxics violations and violations of the vegetation sampling program. Under the terms of the Consent Order, Eastalco agrees to take corrective actions to prevent future violations and pay a $50,000 civil penalty. MDE also has just issued Eastalco’s Title 5 permit. Even though Eastalco has currently curtailed their operations due to the high cost of electricity, they wanted to maintain their Title 5 permit for future flexibility. Status: Case Closed. (Reference #AQCP 060428)

Greenbelt Radiation Oncology Associates, LLC, Prince George’s County – On May 11, MDE issued a Complaint, Order, and Administrative Penalty in the amount of $2,000 to Greenbelt Radiation Oncology Associates for a misadministration that occurred at the treatment facility. The facility allowed a patient to be treated with the treatment plan prescribed for another patient. Status: Greenbelt Radiation Oncology has 10 days to request a hearing on the Order and 30 days to request a hearing on the Administrative Penalty. (Reference #RHP 06-02)

Allegheny Energy Supply – R. Paul Smith, Washington County – On May 2, MDE received a penalty payment in the amount of $20,000 from Allegheny Energy Supply. The payment settles an enforcement action that resulted from violations of their NOx emission standard at the R. Paul Smith power plant. The facility is a major source of NOx emissions and required to have a Title 5 operating permit. The violations were determined by Continuous Emission Monitors (CEM) on the plant’s stack. There were 11 violations of their 30-day rolling average emissions standard. MDE inspectors discovered the violations through a routine review of quality CEM reports. Status: Case Closed. (Reference #ACP 05-28A)

Waste Management Administration

Brown Contracting Co., Anne Arundel County – On April 26, MDE issued a Notice of Violation seeking a civil penalty of $7,500 to Brown Contracting Co. for violations of Maryland’s law and regulations regarding Controlled Hazardous Substances. An inspection of the Brown Contracting facility in Annapolis, Md., found numerous violations of hazardous waste regulations. Status: If not paid in 20 days, this matter will be referred to the Office of the Attorney General for possible action. (Case Number NOV-06-048)

A.C. Lead Inspection, LLC and Alfred Chase, Baltimore City – 4 affected properties – On April 18, MDE issued an Administrative Complaint, Order and Penalty equaling $7,500 to A.C. Lead Inspection, LLC and Alfred Chase for violating Maryland’s Lead Laws by issuing passing lead risk reduction certificates for four properties even though these properties were not free of peeling, chipping, flaking paint. The Visual Inspector accreditation of Alfred Chase and the Lead Abatement Services Contractor accreditation of A.C. Lead Inspection, LLC have been suspended for a period of six months. Status:A.C. Lead Inspection, LLC and Alfred Chase have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2005-30-8390)

Oluwayemisi Saleem, et al, Baltimore City – 3 affected properties – On April 26, MDE signed a Settlement Agreement and Consent Order with Oluwayemisi Saleem, et al concerning violation of Maryland’s Lead Laws. The agreement contained a penalty equaling $5,750, and requires Oluwayemisi Saleem, et al to register their properties, and bring the affected properties into compliance with risk reduction standards. Status:$2,875 has been paid. The remainder is due within 8 months. (Case Number 2006-30-8685)

Cephus M. Murrell and Betty W. Murrell, Baltimore City – 18 affected properties – On May 4, MDE issued an Administrative Complaint, Order and Penalty equaling $100,000 to Cephus M. Murrell and Betty W. Murrell for violating Maryland’s Lead Laws by failure to bring the affected properties into compliance with risk reduction standards. Status:Cephus M. Murrell and Betty W. Murrell have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2005-30-7927)

Dorothy D. Gibson, Baltimore City – 5 affected properties – On May 4, MDE issued an Administrative Complaint, Order and Penalty equaling $33,000 to Dorothy D. Gibson for violating Maryland’s Lead Laws by failing register her properties, and failure to bring the affected properties into compliance with risk reduction standards. Status: Dorothy D. Gibson has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2004-30-7305)

Charles Jay Brown and Gwendolyn Brown, Baltimore City – 9 affected properties – On May 8, MDE signed a Settlement Agreement and Consent Order with Charles Jay Brown and Gwendolyn Brown concerning violation of Maryland’s Lead Laws. The agreement contained a penalty equaling $6,000, and requires Charles Jay Brown and Gwendolyn Brown to bring the affected properties into compliance with risk reduction standards. Status: In accordance with the approved payment plan the first payment of $1,000 has been made. (Case Number 2004-30-7640)

Long Vist Properties, LLC, Baltimore City – 3 affected properties – On May 9, MDE issued an Administrative Complaint, Order and Penalty equaling $33,000 to Long Vist Properties, LLC for violating Maryland’s Lead Laws by failing register their properties, and failure to bring the affected properties into compliance with risk reduction standards. Status: Long Vist Properties, LLC has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-8529)

William J. Roy, Tri-County Properties and Paul G. Myers, Caroline County – On May 9, MDE issued a Complaint, and Administrative Penalty equaling $50,000 to William J. Roy, Tri-County Properties and Paul G. Myers for violating Maryland’s laws and regulations regarding Controlled Hazardous Substances and Water Pollution by dumping the contents of 14 55-gallon drums of industrial and hazardous wastes at several locations in Caroline County. Status: William J. Roy, Tri-County Properties and Paul G. Myers have 10 days to request a hearing on the Complaint and 30 days to request a hearing on the Penalty. (Case Number C-O-06-050)

KNB Properties, LLC, Frederick County – 15 affected properties – On May 8, MDE signed a Settlement Agreement and Consent Order with KNB Properties, LLC concerning violation of Maryland’s Lead Laws. The agreement contained a penalty equaling $5,500, and requires KNB Properties, LLC to register their properties, and bring the affected properties into compliance with risk reduction standards. Status: The penalty has been paid. (Case Number 2006-10-8730)

James L. Bittle and Gail A. Bittle, Frederick County – 1 affected property – On May 9, MDE issued an Administrative Complaint, Order and Penalty equaling $16,000 to James L. Bittle and Gail A. Bittle for violating Maryland’s Lead Laws by failing register their property, and failure to bring the affected property into compliance with risk reduction standards. Status: James L. Bittle and Gail A. Bittle have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2005-10-8051)

503, LLC, Frederick County – 3 affected properties – On May 9, MDE issued an Administrative Complaint, Order and Penalty equaling $50,000 to 503, LLC for violating Maryland’s Lead Laws by failure to bring the affected properties into compliance with risk reduction standards. Status: 503, LLC Long Vist Properties, LLC has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 02-10-5795)

Water Management Administration

Baltimore City Department of Public Works, Baltimore City – On May 8, 2006, the Baltimore City Department of Public Works paid a stipulated penalty of $72,675 to the Maryland Clean Water Fund to resolve reported sanitary sewer overflows during the period January 1 through June 30, 2005 in accordance with the provisions of the federal/State Consent Decree (#JFM02CVA1524) between Baltimore City, MDE and EPA. Status: Case closed. (Reference #SP-06-0289).

International Minerals and Raw Materials, Inc. and Charles Upton Mehring, Carroll County – On April 4, 2006, the Office of the Attorney General filed on behalf of MDE in the Circuit Court for Carroll County, a Complaint for Injuctive Relief against Defendants International Minerals and Raw Materials, Inc. (IMRM) and Charles Upton Mehring for alleged violations of a final corrective order issued by MDE requiring both Defendants to repair, remove or replace a culvert that, through blockage and collapse, impedes the flow of an unnamed tributary of Big Pipe Creek, causing it to back up and flood acres of upland area. The culvert is unsafe and poses a risk of catastrophic failure. The order requires Defendants to submit to MDE within 10 days for review and approval a corrective action plan and time schedule for the repair and replacement of the existing culvert. Status:Case pending opportunity for appeal. (Reference # C-06-45215).

Winters Estates Subdivision, Michael Ashby, Garrett County – On April 17, 2006, MDE and parties Vaughn Winters and Michael Ashby finalized an administrative consent order regarding alleged unauthorized grading and construction activities conducted at the Winters Estates subdivision located off Broadford Road in Oakland. Under the terms of the consent order, Vaughn Winters, on behalf of Winters Development Company, has agreed to pay $2,200 to MDE’s Sediment Fund and $2,694 to MDE’s Nontidal Wetlands Compensation Fund to settle alleged sediment, nontidal wetland and waterway construction violations on property owned by Michael Ashby. In addition, Winters Development Company has agreed to submit to MDE within 30 days a final revised construction plan for replacement of a stream crossing on the site and to implement the approved plan within 60 days. Status: Case closed. (Reference #CO-06-0296).

Washington County Board of County Commissioners, Washington County – On May 5, 2006, MDE and Washington County Commissioners finalized an administrative consent order regarding improvements to the Sandy Hook Wastewater Treatment Plant located on Harpers Ferry Road. Under the terms of the consent order, Washington County is required to upgrade the plant in order to comply with NPDES discharge permit effluent limitations for ammonia nitrogen. The upgrade must be completed by December 29, 2006 and compliance with all effluent limits of the permit must be achieved by March 31, 2007. The consent order establishes certain interim effluent performance standards and stipulated penalties for violations of discharge standards during construction and start-up of the plant upgrade. Status: Case closed. (Reference #CO-06-0306).

Water and Sediment Pollution Penalties – Statewide – During the period April 15, 2006 to May 15, 2006, MDE collected an additional $9,500 to the Clean Water Fund in resolution of alleged water pollution violations from five facilities and $4,700 to the Sediment Fund in resolution of alleged sediment control violations at one construction site.


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Editorial Board
Maryland Department of the Environment
1800 Washington Boulevard, Baltimore, MD 21230
http://mde.maryland.gov/
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