BALTIMORE, MD (September 7, 2010) – The Maryland Department of the Environment today announced 22 recent major enforcement actions seeking penalties totaling more than $500,000 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 that 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.

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.

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.

• Finley Asphalt & Sealing, Inc. – Montgomery County

  On July 26, 2010, Finley Asphalt & Sealing paid $4,200 to the Clean Water Fund to resolve alleged sediment control and discharge permit violations at the C & O Canal National Historic Park, Great Falls construction project. Corrective actions were taken to address the alleged violations.

• W. F. Wilson & Sons, Inc. – Howard County

  On August 4, 2010, W. F. Wilson & Sons paid $5,200 to the Clean Water Fund to resolve alleged sediment control and discharge permit violations at the Little Patuxent Parallel Sewer construction project. Corrective actions were taken to address the alleged violations.

• American Infrastructure - Maryland, Inc. – Howard County

  On August 17, 2010, American Infrastructure paid $7,400 to the Clean Water Fund to resolve alleged sediment control and discharge permit violations at the Little Patuxent Parallel Sewer construction project. Corrective actions have been taken to address the alleged violations.

• John Gnegy and Carlon Doerr – Oakland, Garrett County

  On August 9, 2010, MDE issued an Administrative Complaint and Penalty seeking $22,000 for alleged sediment control and pollution violations during a forest harvesting operation. The alleged violations include failing to obtain sediment control approval and failing to implement adequate erosion and sediment controls that resulted in sediment pollution to an unnamed tributary of the Little Youghiogheny River.

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.

Radiation Machines Division

The following action is in response to an alleged violation of Maryland regulations for the control of ionizing radiation from radiation (x-ray) machines.

• Anne Arundel Medical Center – Anne Arundel County

  On July 15, 2010, Anne Arundel Medical Center signed a Settlement Agreement requiring a $12,000 penalty for an alleged radiation treatment misadministration to a patient.

Land Pollution Enforcement Actions

Mining Cases

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.

• Zachair, Ltd. – Clinton, Prince George’s County

  On July 26, 2010, MDE issued a Notice of Violation with Penalty seeking $5,000 for alleged violations.

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 that would threaten human health or the environment.

• TD Development, LLC – 1800 S. Hanover Street, Baltimore City

  On August 3, 2010, MDE issued a Complaint seeking $50,000 for alleged violations.

• Consolidated Pharmaceutical Group, Inc. – Anne Arundel County

  On July 22, 2010, MDE issued a Stipulation of Dismissal with Prejudice for stipulated penalties on a previous Complaint for alleged violations. The $80,000 penalty has been paid in full.

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:

• Maria Handakaros – Baltimore, Baltimore County

  1 affected property – On July 22, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,000 for alleged violations.

• Rodwell Bailey – Baltimore City

  2 affected properties – On July 22, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.

• Randolph Jackson – Baltimore City

  2 affected properties – On July 22, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $32,000 for alleged violations.

• The Paradigm Group, LLC, Christina Abdulghani & Tareq Abdulghani – Baltimore City

  23 affected properties – On July 26, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking a combined $70,000 for alleged violations.

• Glen E. Adams & Edith J. Adams – Baltimore City

  2 affected properties – On July 28, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $44,000 for alleged violations.

• Michael Stavlas & Maria Stavlas – Linthicum, Anne Arundel County

  3 affected properties – On July 28, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.

• Steve Kalifa, Edgemere Investment, LLC & Dumbarton Investment, LLC – Baltimore City

  3 affected properties – On August 2, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $35,000 for alleged violations.

• E. Geronimo Robinson – Baltimore City

  1 affected property – On August 3, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $26,500 for alleged violations.

• Brandy Kolitas – Westminster, Carroll County

  1 affected property – On August 6, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $22,000 for alleged violations.

• 8204 Bellefonte, LLC & Mitchell J. Shapiro – Boonsboro & Hagerstown, Washington County

  3 affected properties – On August 6, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $21,000 for alleged violations.

• 5500 Anderby Hall Road, LLC & Michael P. Davidson – Goldsboro, Caroline County

  4 affected properties – On August 6, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $21,500 for alleged violations.

• Darnell Collins, Jr. – Baltimore City

  2 affected properties – On August 9, 2010, MDE issued an Administrative Complaint, Order and Policy seeking $17,000 for alleged violations.

• Rosevear LLC, William Gossage Jr. & Elaine Gossage – Sykesville, Carroll County

  3 affected properties – On August 12, 2010, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The $10,000 penalty has been paid in full.

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:

• Wanda Simpson – Baltimore City & Anne Arundel County

  On July 22, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $5,000 for alleged violations.

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