BALTIMORE, MD (August 15, 2013) – The Maryland Department of the Environment today announced major enforcement actions in recent months for alleged violations of State and federal environmental laws to protect public health and our land, air, water and wetlands resources.
"The Maryland Department of the Environment's top priority is to protect public health and our environment. A consistent baseline of enforcement action 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 our 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 for statewide efforts to eliminate childhood lead poisoning. Under the 1994 "Reduction of Lead Risk in Housing Act," 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. Alleged violations typically involve a failure to register properties or meet lead risk reduction standards. The following actions were for properties alleged to be out of compliance with lead risk reduction standards:
Athena Properties, Inc. – Berlin & Stockton, Worcester County: 3 affected properties – On May 20, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland's lead law and seeking $44,000 for alleged violations.
Herbert H. Parker – Aberdeen, Harford County: 1 affected property – On May 21, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland's lead law and seeking $16,500 for alleged violations.
Domenico Petrucci and Victoria Petrucci – Baltimore City: 1 affected property – On June 3, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland's lead law and seeking $22,000 for alleged violations.
Gail Hull and James T. Tarrance – Salisbury, Wicomico County: 1 affected property – On June 4, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland's lead law and seeking $25,000 for alleged violations.
Darryl A. Hill and Erica M. Hill – Baltimore City: 2 affected properties – On June 4, 2013, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations of Maryland's lead law. The defendants agreed to a penalty of $6,500.
Abdalatti Elghannam and Gul Sher – Baltimore City: 1 affected property – On June 10, 2013, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations of Maryland's lead law. The defendants agreed to a penalty of $6,000.
George A. Feilinger – Havre de Grace and Whiteford, Harford County: 2 affected properties – On June 18, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland's lead law and seeking $33,000 for alleged violations.
Carsins Run Properties, LLC – Aberdeen, Havre de Grace and Perryman, Harford County: 18 affected properties – On June 26, 2013, MDE issued an Administrative Complaint Order and Penalty requiring compliance with Maryland's lead law and seeking $80,000 for alleged violations.
Carrie Jones – Baltimore City: 3 affected properties – On June 26, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland's lead law and seeking $31,000 for alleged violations.
Robert J. Osborne and Richard W. Osborne – Baltimore City: 1 affected property – On June 28, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland's lead law and seeking $38,500 for alleged violations.
Benjamin Bridges – Baltimore City: 4 affected properties – On July 2, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland's lead law and seeking $35,000 for alleged violations.
Frank Willetts and Danielle Willetts – Cumberland, Allegany County: 1 affected property – On July 2, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland's lead law and seeking $14,500 for alleged violations.
Tritex Real Estate Advisors, Inc. – Baltimore City: 11 affected properties – On July 3, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland's lead law and seeking $16,000 for alleged violations.
Eric John Little – Baltimore City: 1 affected property – On July 3, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland's lead law and seeking $28,000 for alleged violations.
James C. Epps, Sr. – Baltimore City: 1 affected property – On July 3, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland's lead law and seeking $16,500 for alleged violations.
Blondell Blassingame and Reco Blassingame – Baltimore City: 6 affected properties – On July 3, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland's lead law and seeking $10,000 for alleged violations.
Wayne E. Putman – Funkstown and Smithsburg, Washington County: 4 affected properties – On June 28, 2013, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations of Maryland's lead law. The defendant agreed to a penalty of $6,000.
Hazardous Waste
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 that would threaten human health or the environment.
Sensata Technologies, Inc. – Cambridge, Dorchester County: On July 2, 2013, MDE issued a Notice of Violation requiring compliance with Maryland's Controlled Hazardous Substances laws and seeking $5,000 for alleged violations.
Mining
The Mining Program regulates all surface coal and non-coal mining in the State, and the surface effects from deep mining of coal. The purpose of mining permits is to minimize the effects of sediment and other pollution from surface mining. In addition to environmental controls, the permit provides for proper land reclamation and ensures public safety.
St. Charles Community, LLC – Waldorf, Charles County: On May 21, 2013, MDE issued a Notice of Violation requiring compliance with Maryland's Surface Mine Permit laws and seeking $10,000 for alleged violations.
Classic Group, LLC – Bethesda, Montgomery County: On June 4, 2013, MDE issued a Notice of Violation requiring compliance with Maryland's Surface Mine Permit laws and seeking $10,000 for alleged violations.
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.
AMCOR Packaging. – Washington County: On May 3, 2013, MDE entered into a Settlement Agreement with AMCOR to address alleged violations of air pollution requirements. AMCOR operates a printing plant in Hagerstown. Air pollution from the printing plant is controlled by air pollution control equipment. AMCOR failed to keep required data and records documenting that the air pollution control equipment was operating properly. AMCOR has since returned to compliance. The Settlement Agreement requires AMCOR to pay a $40,000 penalty.
Water Pollution Enforcement Actions
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. A person must hold a discharge permit issued by MDE 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.
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.
Earth disturbances that exceed one acre are required to obtain a National Pollutant Discharge Elimination System Permit for Storm water 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.
State laws require 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. 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.
Mexico Farms, LLC – Allegany County: On August 6, 2013, Allegany County Circuit Court Judge Gary G. Leasure approved a Consent Decree between MDE and Mexico Farms, LLC, that sets requirements and deadlines for the company to address violations of environmental laws. The violations included nuisance odors and unauthorized discharges of wastewater via seeps and leaks from the facility's storage lagoons and from its spray irrigation operation. Under the terms of the Consent Decree, Mexico Farms, LLC, must pay a $50,000 penalty.
Bozzuto Development Company – Anne Arundel County: On May 28, 2013, Bozzuto Development Company paid $5,000 to the Clean Water Fund to resolve an alleged violation. The NPDES General Discharge Permit for Stormwater Associated with Construction Activity logbook was not maintained for the Bozzuto Development Company, Building 15B, Multi-Family Housing at the Annapolis Towne Center at Parole.
Congoleum Corporation – Carroll County: On June 27, 2013, MDE assessed a penalty of $10,000 on the Congoleum Corporation to resolve alleged effluent limitation, sampling, monitoring and reporting violations of its State Discharge Permit at Congoleum's Finksburg Facility between August 15, 2011, and October 31, 2012. The penalty was assessed in accordance with the final settlement agreement between the Congoleum Corporation and MDE.
Delmarva Power and Light Company / Pepco Holdings, Inc. – Caroline County: On June 15, 2013, Delmarva Power and Light paid $12,000 to the Clean Water Fund to resolve alleged Sediment Control and Tidal Wetlands violations that occurred during construction of the Easton-to-Todd Transmission Line project in 2012.
Grunley-Goel Joint Venture, LLC – Charles County: On June 5, 2013, Grunley-Goel Joint Venture, LLC paid 5,000 to the Clean Water Fund to resolve an alleged violation. The NPDES General Discharge Permit for Stormwater Associated with Construction Activity logbook was not maintained for the Naval Support Facility Indian Head, Demolition and Footprint Reduction Program-Phase 2 Project in Indian Head.
Kuzzens, Inc., Lipman & Lipman, Inc., Six L's Packing Co., Inc.: Somerset County: On May 21, 2013, MDE issued Settlement Agreement to Kuzzens, Inc., Lipman & Lipman, Inc., and Six L's Packing Co., Inc. to resolve alleged violations of water pollution laws involving unauthorized discharges of wastewater from the Six L's Packing Facility, failure to obtain a General Permit for Construction Activity and failure to obtain an Erosion and Sediment Control Plan at the Six L's Packing plant and at the Ennis Farm in Westover. On June 12, 2013, Kuzzen's, Inc., paid $40,000 to MDE to resolve the alleged violations.
McDonald and Sons – Worcester County: On June 4, 2013, McDonald and Sons paid $10,000 to the Clean Water Fund to resolve an alleged sediment pollution violation at the Ocean Pines Golf and Country Club on February 28, 2013.
Tough Mudder, LLC – Frederick County: On May 31, 2013, Tough Mudder, LLC paid $25,000 to the Clean Water Fund to resolve the alleged sediment control and water pollution violations that occurred at the Crumland Farm in September and October 2012 in connection with the Tough Mudder event.
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