BALTIMORE, MD (November 27, 2012) – 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 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:
Joseph Beran Sr. – Baltimore City: 2 affected properties – On September 20, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $30,000 for alleged violations.
John Stoy – Boonsboro and Hagerstown, Washington County: 5 affected properties – On September 20, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,000 for alleged violations.
Jeffrey Smith and Christine Smith – Baltimore City: 1 affected property – On September 21, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.
Donna Sekora and Heather Sekora – Baltimore City: 11 affected properties – On September 21, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $31,500 for alleged violations.
William Chaiffre and Norma Chaiffre – Baltimore City: 3 affected properties – On September 26, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $15,000 for alleged violations.
Roy K. Potter – Baltimore City: 4 affected properties – On September 26, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.
Peter S. Lee and Grace Lee – Baltimore City: 5 affected properties – On September 28, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.
2114 Lake, LLC – Baltimore City: 2 affected properties – On October 3, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $15,000 for alleged violations.
Christopher E. Hart – Baltimore City: 2 affected properties – On October 3, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $15,750 for alleged violations.
RAO Group II, Inc. – Manchester, Carroll County: 1 affected property – On October 9, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.
Byron G. Fullerton and Pamela E. Fullerton – Baltimore City: 3 affected properties – On October 10, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $70,000 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.
Apex Oil Company, Inc. – Baltimore City: On September 26, 2012, MDE issued a Notice of Violation requiring compliance with oil control laws and regulations and seeking $10,000 for alleged violations.
Oil Control - UST
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.
Sai Guru Dutta, LLC, Chirag P. Patel, Pravin V. Patel and Nirmal K. Patel – Grantsville, Garrett County: On October 12, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s UST laws and seeking $24,000 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.
Sunoco Terminals – Baltimore City: On October 15, 2012, MDE entered into a Settlement Agreement with Sunoco Terminals to address alleged violations of air pollution requirements. Sunoco failed to timely test the air pollution control device for volatile organic compounds at its gasoline terminal facility in the 2100 block of Northbridge Avenue. Sunoco has since returned to compliance. The Settlement Agreement requires that Sunoco pay a $50,000 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.
Washington Suburban Sanitary Commission – Montgomery and Prince George’s counties: On August 23, 2012, the Washington Suburban Sanitary Commission (WSSC) paid a stipulated penalty of $55,925 to the Maryland Clean Water Fund in resolution of 163 sanitary sewer overflows from the WSSC collection system during 2011. The overflows ranged in volume from one gallon to 847,000 gallons for a total volume of 1,795,006 gallons.
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.
Morgan E. Russell, Inc. – Calvert County: On September 14, 2012, MDE finalized a Settlement Agreement with Morgan E. Russell, Inc., to resolve alleged sediment control and sediment pollution violations at the Victoria Station Dam Embankment project in Owings in December 2011. Under the terms of settlement, Morgan E. Russell, Inc. agreed to pay $5,500 to the Clean Water Fund.
C&D Development, LLC – Prince George’s County: On September 25, 2012, MDE finalized a Settlement Agreement with C&D Development, LLC, to resolve alleged sediment control, sediment pollution and water pollution control violations between September 2007 and October 2009 at a property at Route 193 and Kings Valley Drive. Under the terms of settlement, C&D Development agreed to pay $25,000 to the Clean Water Fund.
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