BALTIMORE, MD (September 28, 2012) – The Maryland Department of the Environment today announced major enforcement actions in recent months for alleged violations of MDE requirements for land, air, 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 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 of 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:
Sheila Hairston – Aberdeen, Harford County: 1 affected property – On July 16, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $20,000 for alleged violations.
JCI-I, LLC and Susana Lan – Baltimore City: 1 affected property – On July 26, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $25,000 for alleged violations.
Kevin Warren and Emma Warren – Baltimore City: 1 affected property – On August 1, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,000 for alleged violations.
TOLUC, Inc. and Innocent E. Otugo – Baltimore City: 7 affected properties – On August 15, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $15,500 for alleged violations.
Edward Spellen – Baltimore City: 4 affected properties – On August 15, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.
Bruce C. Bereano – Annapolis, Anne Arundel County: 2 affected properties – On August 15, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $13,000 for alleged violations.
Jeffrey Severin – Baltimore City: 1 affected property – On August 15, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $17,500 for alleged violations.
Robert K. Bowers, Edward F. Sible, Sr. and Linda A. Sible – Westminster, Carroll County: 9 affected properties – On August 13, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking a combined $94,000 for alleged violations.
John Harris – Baltimore City: 1 affected property – On August 20, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,000 for alleged violations.
Ernest W. Vandermast, III – Essex, Baltimore County: 18 affected properties – On August 20, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $60,000 for alleged violations.
Paul Laumann, Sr. and Christine Laumann – Baltimore County: 1 affected property – On August 27, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $37,500 for alleged violations.
Richard L. Smith – Hagerstown, Washington County: 1 affected property – On August 27, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.
JMDL Associates, LLC – Westminster, Carroll County: 5 affected properties – On September 10, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $33,000 for alleged violations.
William Kellner, Jr. – Pasadena, Anne Arundel County: 1 affected property – On September 12, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $33,000 for alleged violations.
MJB Properties, LLC – Westminster, Carroll County: 1 affected property – On September 12, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $25,000 for alleged violations.
Theodore Adams, Jr. – Baltimore City: 3 affected properties – On September 12, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $31,500 for alleged violations.
Oil Control (Remediation)
The Remediation Division of the Oil Control Program oversees all underground storage tank (UST) system removals and remediation activities at sites where petroleum products have been released. The oversight ensures that responsible parties remediate the site in a timely manner, protecting public health and the environment. The majority of sites are gasoline service stations, both operating and closed. Sites also include businesses that have their own petroleum distribution systems for use in vehicle fleets and commercial and residential heating oil systems.
Atlantis Petroleum, LLC – Grantsville, Garrett County: On September 11, 2012, MDE issued a Notice of Violation requiring compliance with oil control laws and regulations and seeking $6,000 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.
Smithsburg Crematory – Washington County: On September 7, 2012, MDE issued a Corrective Order and a Notice of Proposed Civil Penalty of $35,000 to Smithsburg Crematory for alleged violations of Maryland’s air quality regulations. Smithsburg allegedly operated without a valid State Air Quality Opeating Permit due to tax requirements; MDE, by statute, cannot issue a permit to a facility that is delinquent on tax payments. Smithsburg also allegedly failed to keep accurate records of the temperature in the afterburner chamber.
Radiation Machines Division
The following actions are in response to alleged violations of Maryland regulations for the control of ionizing radiation from radiation (x-ray) machines.
Joseph L. Dyson, D.D.S. – Baltimore City: On August 20, 2012, MDE issued a Complaint and Administrative Penalty seeking $20,000 to Joseph L. Dyson, Jr., D.D.S., for alleged radiation machine violations.
Wendy Rose-Hyatt, D.D.S. – Baltimore County: On September 13, 2012, MDE issued a Complaint and Administrative Penalty seeking $6,000 to Wendy Rose-Hyatt, D.D.S., for alleged radiation machine violations.
Radioactive Materials Licensing and Compliance Division
The following action is in response to alleged violations of Maryland regulations for the control of ionizing radiation from radioactive materials.
Testing Technologies, Inc. – Prince George’s County: On September 6, 2012, MDE agreed to a payment of $10,000 to settle the Department's claims resulting from alleged violations of regulations for the control of radioactive material.
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.
Maryland Jockey Club/Southern Maryland Agricultural Association –Prince George’s County: On August 15, 2012, the Maryland Jockey Club/Southern Maryland Agricultural Association paid $10,000 to the Clean Water Fund to resolve alleged violations of the terms of a Consent Order at the Bowie Race Course Training Center in Bowie.
Dimensions Health Corporation – Prince George’s County: On September 9, 2012, MDE finalize a Settlement Agreement with Dimensions Health Corporation to resolve alleged sediment and water pollution violations that occurred at or near the Prince George’s Hospital Center in Cheverly between July 2009 and July 2011. Under the terms of the settlement, Dimensions agreed to pay $35,000 to the Clean Water Fund.
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 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 a 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.
Aarow Equipment and Services, Inc. – Calvert County: On July 27, 2012, MDE finalized a Settlement Agreement with Aarow Equipment and Services, Inc., to resolve alleged violations of the approved Erosion and Sediment Control Plan and for allegedly placing sediment in a position likely to pollute waters of the State during construction on a County water and sewer project on N. Prince Frederick Blvd in Prince Frederick between January and April 2012. Under the terms of settlement, Aarow agreed to pay $5,000 to the Clean Water Fund.
T&L Underwood, LLC – St. Mary’s County: On August 9, 2012, MDE finalized a Settlement Agreement with T&L Underwood, LLC to resolve alleged sediment control and water pollution violations in the 30000 block of Charlotte Hall Road in Charlotte Hall. Under the terms of settlement, T&L Underwood has agreed to pay $5,200 to the Clean Water Fund.
C.A. Bean, Inc. – St. Mary’s County: On August 13, 2012, MDE finalized a Settlement Agreement with C.A. Bean, Inc. to resolve alleged violations of the approved Erosion and Sediment Control Plan and General Discharge Permit for Stormwater Associated with Construction Activities in the 29000 block of Three Notch Road in Mechanicsville between September 12, 2008, and September 15, 2009. Under the terms of Settlement, C.A. Bean has agreed to pay $15,000 to the Clean Water Fund.
City of Bowie and Whiting Turner Contracting Company – Prince George’s County: On September 6, 2012, the City of Bowie and Whiting Turner Contracting Company paid $12,500 each to the Clean Water Fund to resolve alleged water pollution and sediment control violations that occurred during construction at the City of Bowie Wastewater Treatment Plant (WWTP) between December 15, 2011, and August 19, 2012. The payment by the City of Bowie also resolves an alleged unauthorized discharge of sludge from the WWTP on January 28, 2010.
The Ryland Group, Inc. – On July 23, 2012, Plaintiffs the U.S. Environmental Protection Agency and seven states, including Maryland, finalized a civil consent decree with The Ryland Group, Inc., to resolve alleged violations of the federal Clean Water Act and state law regarding unlawful stormwater discharges associated with construction activities at Ryland construction sites nationwide. The settlement requires Ryland to: obtain all required discharge permits; develop site-specific pollution prevention plans for each construction site; conduct additional site inspections beyond those required by storm water regulations; and document and promptly correct any problems detected. The company must properly train construction managers and contractors on sediment control and storm water requirements and designate trained staff for each site. Ryland must also submit national compliance summary reports to EPA based on its quarterly management oversight inspections and reviews. The settlement requires Ryland to pay a total of $625,000 to EPA and the states involved, of which $13,489 was awarded to Maryland. Ryland paid this amount to the Maryland Clean Water Fund on September 6, 2012.
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.
Bay Abner Marina – Calvert County: On June 6, 2012, the Office of the Attorney General, on behalf of MDE, filed a Complaint for Injunctive Relief and Civil Penalties in the Circuit Court for Calvert County alleging tidal wetlands violations related to the depositing of soil and earthen material in State tidal wetlands without authorization from MDE and also alleging water pollution violations for failing to first obtain and then comply with a State required General Permit for Marinas. MDE is requesting a court order requiring the Defendant to either remove all unauthorized fill or implement a restoration plan approved by MDE. MDE is requesting the Court to consider a civil penalty up to limits allowed by law. The statutory limits are $10,000 per tidal wetlands violation and $10,000 per day for each water pollution violation.
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