BALTIMORE, MD (August 3, 2011) – The Maryland Department of the Environment today announced 79 recent major enforcement actions for alleged violations of MDE requirements for land, air and radiation management, water, and wetlands.
“The Maryland Department of the Environment's top priority is to protect public health and our environment. A consistent baseline of enforcement actions prevents further pollution and risks to public health,” said MDE Secretary Robert M. Summers. “The majority of Maryland businesses comply with environmental laws. A strong and fair enforcement program protects their investment in the environment as well as the health and quality of life of all Maryland residents.”
Land Pollution Enforcement Actions
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:
V & J Properties USA, LLC – Baltimore City: 5 affected properties – On May 20, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $28,000 for alleged violations.
Bryan Rill and Hertabernice Samuels – Manchester, Carroll County: 1 affected property – On May 20, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $20,000 for alleged violations.
Karey E. Hall – Baltimore City: 3 affected properties – On May 20, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $16,500 for alleged violations.
Daventry Realty, LLC – Baltimore, Baltimore County: 8 affected properties – On May 20, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $21,000 for alleged violations.
James D. Williams – Riverdale, Anne Arundel County: 7 affected properties – On May 20, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $47,000 for alleged violations.
Michael Jurkiewicz – Baltimore City: 21 affected properties – On May 26, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $45,000 for alleged violations.
Ruth A. Wickham – Baltimore City: 6 affected properties – On May 26, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $31,500 for alleged violations.
BYE-CLIP, LLC – Baltimore City: 3 affected properties – On May 26, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $32,000 for alleged violations.
Diane Britton – Baltimore City: 1 affected property – On June 7, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $22,000 for alleged violations.
Wayne E. Byers and Dorothy J. Byers – Williamsport, Washington County: 2 affected properties – On June 7, 2011 MDE issued an Administrative Complaint, Order, and Penalty seeking $20,000 for alleged violations.
James Eure Jr. – Salisbury, Wicomico County: 1 affected property – On June 7, 2011 MDE issued an Administrative Complaint, Order, and Penalty seeking $16,000 for alleged violations.
Bibiana Encomienda – Baltimore City: 32 affected properties – On June 7, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $51,000 for alleged violations.
Mid View Properties, LLC and David George – Hagerstown and Williamsport, Washington County: 8 affected properties – On June 9, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $30,000 for alleged violations.
Featherstone Management, LLC and Lakeside National, LLC – Baltimore City: 2 affected properties – On June 14, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking a combined $23,000 for alleged violations.
Linda Skidmore – Girdletree, Worcester County: 1 affected property – On June 14, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $16,500 for alleged violations.
Miroslaw Grabowski and Christine Grabowski – Baltimore City: 4 affected properties – On June 14, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $27,500 for alleged violations.
Aisha Laws – Baltimore City: 1 affected property – On June 14, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $16,000 for alleged violations.
David J. Alt, Jr. and Colleen Alt – Westminster, Carroll County: 15 affected properties – On June 14, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $55,000 for alleged violations.
Jerome Brown – Baltimore City: 8 affected properties – On June 14, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $35,000 for alleged violations.
Joseph E. Smith – Baltimore City: 2 affected properties – On June 14, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $16,000 for alleged violations.
John W. Lamp, Jr. and Effy Z. Lamp – Baltimore City: 1 affected property – On June 21, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $28,000 for alleged violations.
Domenic P. Marcelli – Hagerstown, Washington County: 1 affected property – On June 21, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.
Crystal Clark – Baltimore City: 1 affected property – On June 21, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $17,000 for alleged violations.
Harrichand Singh – Baltimore City: 9 affected properties – On June 22, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $40,500 for alleged violations.
Jason W. Mackey – Hagerstown, Washington County: 2 affected properties – On July 5, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $16,000 for alleged violations.
Milton Tillman – Baltimore City: 2 affected properties – On July 11, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $27,500 for alleged violations.
DARA, LLC – Baltimore, Baltimore County: 2 affected properties – On July 11, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $16,500 for alleged violations.
Abu Bakar and Anwara Subhan – Baltimore, Baltimore County: 3 affected properties – On July 11, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $21,500 for alleged violations.
Furley Capital, LLC – Baltimore, Baltimore County: 2 affected properties – On July 11, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $41,000 for alleged violations.
M&S Associates, Inc. – Baltimore City: 8 affected properties – On July 11, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $35,000 for alleged violations.
Arthur J. Lanier and Ervin Dantzler – Baltimore City: 1 affected property – On July 11, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $7,500 for alleged violations.
Phoenix Eagle Corporation – Baltimore City: 7 affected properties – On July 11, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $44,000 for alleged violations.
Z Best Properties, LLC – Hagerstown, Washington County: 2 affected properties – On July 13, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $22,000 for alleged violations.
Black Lotus Development, LLC and Michael Brown – Baltimore City: 8 affected properties – On July 13, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $30,000 for alleged violations.
Michael Jurkiewcz – Baltimore City: 21 affected properties – On July 5, 2011, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The defendant agreed to a penalty of $9,000.
Neil Roseman and Leadprobe, Inc. – Annapolis, Anne Arundel County: 2 affected properties – On July 5, 2011, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The defendants agreed to a combined penalty of $10,000.
Oil Control 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.
Dawood Ahmad, Tara, Inc. and Lomond, Inc. – Salisbury, Wicomico County: On April 29, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking a combined $47,800 for alleged violations.
Vera’s White Sands Beach Club – Lusby, Calvert County: On June 1, 2011, MDE issued a Notice of Violation seeking $5,050 for alleged violations.
Hercules O. Pitts and Lake Arbor Golf, LLC – Upper Marlboro, Prince George’s County: On June 10, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking a combined $16,000 for alleged violations.
David S. Hahn and Marvin A. Hahn – Cavetown, Washington County: On June 2, 2011, MDE issued a Consent Decree seeking property access for a UST removal and placing a lien on the property for $84,000.
Deiter Meller, Georgia Meller, and Meller Enterprises, Inc. – Forest Hill, Harford County: On June 9, 2011, MDE entered into a Consent Decree to resolve alleged violations. The defendant agreed to a lien on the property for the cost of remediation plus a $5,000 civil penalty with the total not exceeding $100,000.
Solid Waste:
Solid waste acceptance facilities must ensure the proper disposal of solid waste in an environmentally acceptable manner while protecting the public health and the environment, including surface water and groundwater. A Refuse Disposal Permit is required for the installation, alteration, or extension of a solid waste acceptance facility. The Permit regulates the design, construction, operation, and monitoring of such facilities to minimize the impact on public health and the environment. Municipal, rubble, and some industrial waste landfills are required to have liners and leachate collection systems that facilitate the collection of leachate and prevent migration of pollutants out of the landfill to adjacent subsurface soil, groundwater, and surface water. With some exceptions, processing and transfer activities are required to be conducted in an enclosed building to control odor, dust, and noise.
Louis R. Molnar and Patricia A. Molnar – Willards, Wicomico County: On June 24, 2011, MDE issued a Complaint seeking $50,000 for alleged illegal solid waste open dumping.
Swann Haven Limited Partnership – Easton, Talbot County: On June 24, 2011, MDE issued a Complaint seeking $50,000 for alleged illegal solid waste open dumping.
Charles E. and Francenne M. Cooper – Chestertown, Kent County: On June 24, 2011, MDE issued a Complaint seeking $50,000 for alleged illegal solid waste open dumping.
Don A. Dawes – Beltsville, Prince George’s County: On July 13, 2011, MDE issued a Complaint seeking $50,000 for alleged illegal solid waste open dumping.
Prince George’s County, Waste Management Disposal Services of Maryland, Inc. and Waste Management of Maryland, Inc. – Beltsville, Prince George’s County: On June 24, 2011, MDE entered into a Consent Order for the operations and closure of a municipal waste landfill. A penalty of $10,000 was agreed upon.
Solid Waste (Sewage Sludge) Cases:
Sewage sludge (also known as biosolids) is not sewage but rather is one of the final products of treated sewage at a sewage (wastewater) treatment plant. The application of sewage sludge to land returns essential nutrients to the soil, adds organic matter, and can improve the tillability and moisture retention capability of the soil. A Sewage Sludge Utilization permit is required for any person who collects, incinerates, stores, treats, applies to land, transports or disposes of sewage sludge or septage in Maryland.
ERCO, Inc. – Brandywine, Prince George’s County: On June 7, 2011, MDE entered into a Consent Order with ERCO, Inc., after MDE issued a Notice of Violation to the company for failing to submit a revised groundwater and surface water monitoring plan required under its sewage sludge utilization permit. The defendant agreed to pay a penalty of $10,000.
Solid Waste: CAFO Cases
The Concentrated Animal Feeding Operation (CAFO) and Maryland Animal Feeding Operation (MAFO) Program regulates discharges from larger farms raising poultry, cattle, swine, and other livestock. These discharges contain nutrients such as nitrogen and phosphorus that contribute to low levels of dissolved oxygen and other water quality issues in waters of the State including the Chesapeake Bay. These farms register for coverage under the General Discharge Permit for Animal Feeding Operations.
Jacobs Farm, Inc. – Bishopville, Worcester County: On June 16, 2011, MDE issued an Administrative Complaint and Penalty seeking $30,000 for unauthorized discharge of pollutants to waters of the State.
Air Pollution Enforcement Actions
MDE’s Air and Radiation Management Administration ensures that all citizens and businesses are meeting the requirements of the Federal Clean Air Act as well as Maryland’s air pollution control laws. The Administration oversees air pollution monitoring, planning, and control programs to improve and maintain air quality and a radiation control program to protect the public from unnecessary exposure to radiation from medical equipment and other devices, in conformance with federal and state law.
Matos Builders – Baltimore City: On May 31, 2011, MDE issued an Assessed Civil Penalty in the amount of $9,000 to Matos Builders for alleged violations of Maryland’s asbestos regulations. The penalty action addresses alleged asbestos violations at two job sites in Baltimore City where Matos was removing asbestos. Alleged violations include failure to establish a three-stage decontamination entrance/exit, failure to cover a wall with plastic, failure to obtain permission for a certain technique, failure to wear proper protective gear, and failure to wet asbestos during removal.
Wastler Construction – Frederick County: On May 31, 2011, MDE issued a Proposed Civil Penalty in the amount of $5,500 to Wastler Construction for alleged violations of Maryland air pollution control requirements. Wastler installed and operated a concrete crusher without obtaining an air quality permit. Wastler also created airborne dust and created an air pollution nuisance that generated a citizen complaint.
Superior Boat Lifts and Martin Ruark LLC – Wicomico County: On June 21, 2011, MDE issued Notices of Proposed Civil Penalty in the amount of $22,500 to Superior Boat Lifts as the operator and in the amount of $2,500 to Martin Ruark as the owner for alleged violations of Maryland’s asbestos regulations at a job site in Salisbury. Alleged violations included failure to provide notification, conducting an asbestos removal job without a state license, failure to provide worker protection, failure to remove asbestos before demolition, failure to minimize the dispersal of asbestos, failure to post Danger signs, and failure to properly dispose of asbestos.
Maryland Recycle – Baltimore County: On June 28, 2011, MDE issued a Notice of Proposed Civil Penalty in the amount of $7,500 and a Corrective Order to Maryland Recycle for alleged violations of Maryland air pollution control requirements. Maryland Recycle operates an aluminum recycling furnace. The company was cited for allegedly violating visible emissions and nuisance odor requirements.
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.
Raymond Marshall – Prince George's County: On June 1, 2011, MDE issued a Complaint, Order, and Administrative Penalty for $8,000, alleging violation of radiation machine control regulations.
University of Maryland Medical System – Baltimore City: On June 26, 2011, University of Maryland Medical System signed a Settlement Agreement including a $40,000 civil penalty for alleged regulation violations involving radiation overexposure to a physician.
Baltimore Washington Medical Center – Anne Arundel County: On June 29, 2011, Baltimore Washington Medical Center agreed to pay MDE a penalty of $14,000 for misadministration of radiation during therapeutic treatment of a patient.
Fletcher & Fletcher, Inc. – Baltimore County: On July 12, 2011, MDE issued a Complaint and Administrative Penalty to Fletcher & Fletcher, Inc. for $6,000 for alleged violations of Maryland regulations controlling use of radiation machines.
New Hampshire Animal Center – Montgomery County: On June 27, 2011, MDE issued a Complaint, Order, and Administrative Penalty to New Hampshire Animal Center requiring registration of the radiation machine facility and payment of a $6,000 penalty.
Water Pollution Enforcement Actions
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, prior to performing construction activity, a person obtain and implement a Soil Conservation District-approved erosion and sediment control plan that must be maintained for the life of the project for any proposed land clearing or earth disturbance greater than 5,000 square feet. State law also requires that any activity involving earth disturbance over one acre obtain a general permit for stormwater discharges associated with construction activity. This permit requires 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 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. Earth disturbances that exceed one acre are required to obtain an National Pollutant Discharge Elimination System Permit for Stormwater Discharges Associated with Construction Activity from MDE. The NPDES Permit requires that an approved erosion and sediment control plan be obtained and implemented, that self-monitoring inspections occur, and that a log of such inspections be maintained.
Bowman Development Corporation, Bowman 2000 Construction Project – Washington County: On May 9, 2011, Bowman Development Corporation paid
$1,200 to the Clean Water Fund to resolve alleged sediment control violations associated with demolition activities at the Bowman 2000 Construction site near Hagerstown.
John C. Rosenberry Excavating Services, Timber Harvest, Bragunier Farms – Washington County: On May 16, 2011, John C. Rosenberry Excavating Services paid
$2,500 to the Clean Water Fund to resolve alleged sediment control violations that occurred at the Bragunier Farms timber harvest near Big Pool.
Town of Hancock, Hess Road Grading – Washington County: On May 24, 2011, the Town of Hancock paid $1,400 to the Clean Water Fund to resolve alleged sediment control violations associated with Hess Road grading projects near Hancock.
EYA Development LLC – Prince George’s County: On June 7, 2011, EYA Development LLC paid $3,300 to the Clean Water Fund to resolve alleged State Discharge Permit violations for failing to perform self monitoring inspections and reporting as required by the NPDES General Permit for Construction Activity at the EYA Hyattsville Redevelopment site on Baltimore Avenue in Hyattsville.
Whiting-Turner Contracting Company – Baltimore County: On June 9, 2011, Whiting-Turner Contracting Company paid $6,300 to the Clean Water Fund to resolve alleged sediment control violations and sediment pollution to the waters of the State discharging to Stoney Creek at a construction project at the National Naval Medical Center/Warrior Transition Unit site on Rockville Pike in Bethesda.
Baltimore County DPW (North Point Pump Station) – Baltimore County: Baltimore County paid $10,080 on May 24, 2011, to resolve the alleged unauthorized discharge of sediment-laden water during the construction of the North Point Pump Station.
Corinthian Contractors, Inc. (Oak Tree Landing) – Calvert County: Corinthian Contractors, Inc., paid $7,500 on June 24, 2011, to resolve a civil complaint regarding alleged sediment pollution violations that occurred during construction of the Oak Tree Landing subdivision.
Richard Copsey – St. Mary’s County: On May 6, 2011, Richard Copsey paid $750 to the Clean Water Fund for the alleged earth disturbance activities conducted without an approved erosion and sediment control plan at the property in Mechanicsville.
Ellis and Carmen Shortt – St. Mary’s County: On June 9, 2011, Ellis and Carmen Shortt signed a settlement agreement to pay $1,500 to the Maryland Sediment Fund to resolve alleged violations of Title 4 of the Environment Article, which involved failing to comply with an approved Erosion and Sediment Control Plan and placing sediment in a position where it is likely to enter waters of the State. The alleged violations occurred in the 20000 block of Newtone Neck Road in Leonardtown. The settlement agreement also requires the Shortts to perform restoration work at the site.
John and Colleen Nowicki – Harford County: On June 9, 2011, John and Colleen Nowicki signed a settlement agreement to pay $2,500 to the Maryland Sediment Fund to resolve alleged violations of Title 4 of the Environment Article and State sediment control laws that occurred in the 200 block of Woodland Drive, Bel Air.
Title 9 of the Environment Article 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 designed to protect public health and the environment.
Mexico Farms, LLC. – Allegany County: On May 26, 2011, the Maryland Office of Administrative Hearings issued a Decision and Order finding Mexico Farms, LLC repeatedly and consistently in violation of Maryland water pollution laws and regulations. Mexico Farms was ordered to cease spray irrigation and substitute an acceptable interim alternative for the disposal of wastewater; to rehabilitate the spray fields and return them to productive use for cover crops; to employ a qualified professional engineer to design, build and operate an upgraded wastewater treatment plant; to employ a qualified engineer to repair leaking lagoons; to empty and discontinue use of the old storage lagoon; to design and implement interim measures to control nuisance odors from leaving the property; and to pay a $50,000 penalty to MDE. The decision has been appealed by Mexico Farms to the Circuit Court for Allegany County.
Renda, Southland, SAK Joint Venture Bi-County Water Tunnel Project – Montgomery County: On May 24, 2011, Renda, Southland, SAK Joint Venture entered into a Consent Order with MDE and agreed to pay $60,000 to the Maryland Clean Water Fund to settle alleged violations of Environment Article, Title 9 at the Bi-County Water Tunnel construction sites in Bethesda and Kensington, Maryland. The Consent Order requires Renda, Southland, SAK Joint Venture to submit a corrective action plan and schedule to the Department to eliminate non-compliant discharges from the Bi-County Water Tunnel construction sites.
Merritt Athletic Club - Baltimore City: On May 18, 2011, the Merrit Athletic Club paid $1,000 to the Clean Water Fund to resolve an unauthorized discharge of chlorinated water from the pool at the Canton Merrit Club.
Worcester County Department of Public Works (Riddle Farm Wastewater Treatment Plant) – Worcester County: On May 18, 2011, MDE issued a penalty settlement for $8,000 to resolve alleged past sampling and reporting violations at the Riddle Farm Wastewater Treatment Plant.
Somerset County Department of Public Works (Princess Anne Wastewater Treatment Plant) – Somerset County: On May 18, 2011, the Somerset County DPW paid $6,000 to the Clean Water Fund to resolve alleged effluent violations that occurred in 2008 and 2010 from the Princess Anne Wastewater Treatment Plant.
Baltimore County Department of Public Works – Baltimore County: On May 25, 2011, Baltimore County paid $6,000 to the Clean Water Fund to resolve sanitary sewer overflows from the Baltimore County Collection System that occurred from July 1 to December 31, 2010.
Town of Delmar – Wicomico County: On June 1, 2011, MDE entered into an administrative Consent Order with the Town of Delmar for the upgrade of the Delmar Wastewater Treatment Plant to achieve Enhanced Nutrient Removal (ENR) treatment levels. The Consent Order assesses a $24,159 penalty to resolve past alleged effluent violations and requires construction completion and compliance with all permit limits by July 1, 2012.
Towson Golf Course – Baltimore County: On May 11, 2011, MDE issued a Penalty Settlement for $10,000 to Towson Golf Course to resolve alleged past sampling and reporting violations of their State Groundwater Discharge Permit.
St. Mary’s County Metropolitan Commission – St. Mary’s County: On April 14, 2011, St. Mary’s County Metropolitan Commission paid $800 to the Maryland Clean Water Fund to resolve an alleged unlawful discharge of sewage on December 30, 2009, in the 16000 block of Piney Point Road, St. George’s Island.
State laws 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. Property owners must notify MDE before conducting any work in tidal and nontidal wetlands, their buffers, and waterways of the State. MDE assesses the impact of any proposed work on tidal and nontidal wetlands and, if appropriate, will issue a permit authorizing the work as long as the necessary environmental protections are in place.
Scott O’Day/O’Day Marine Construction – Baltimore County: On May 19, 2011, the Circuit Court for Baltimore County issued a Default Judgment of $5,000 against Scott Howard O’Day d/b/a O’Day Marine Construction to resolve alleged tidal wetlands violations, including the construction of a new bulkhead, boatlift, and pilings in the 1300 block of East Riverside Avenue without first obtaining a tidal wetlands license.
Sherwood Forest Club, Inc. – Anne Arundel County: On May 25, 2011, Sherwood Forest Club paid $2,940 to the Tidal Wetlands Compensation Fund for the alleged unauthorized construction of a timber bulkhead in State Tidal Wetlands at Sherwood Forest Club, Inc., Little John Road, Sherwood, without an approved tidal wetlands license.
Jeffrey Narbut - St. Mary’s County: On May 25, 2011, Mr. Narbut paid $1,750 to the Tidal Wetland Compensation Fund for the alleged construction of a pier and timber groin in violation of the tidal wetlands license issued for the property in Valley Lee.
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