Air & Radiation Management Administration
Coastal Lead & Asbestos Abatement, Inc.: On January 6, MDE’s final decision maker rendered a final decision and Order concerning MDE versus Coastal Lead & Asbestos Abatement, Inc. The final decision upheld ARMA’s assessed penalty of $18,000. This penalty had been overturned by an Administrative Law Judge at the Office of Administrative Hearings (OAH). ARMA then appealed the OAH’s decision to MDE’s final decision maker. The case concerned the violation of asbestos regulations resulting in eight violations at two schools in Maryland. Status: Coastal Lead & Asbestos Abatement has 30 days to appeal the final decision in Circuit Court
Air Products Polymers, L.P. (Air Products)– Cecil County: On Dec. 13, 2004 MDE received payment of $12,000 from Air Products as required by a recently signed Consent Order to settle air quality violations. Air Products operates an emulsion manufacturing facility that is a major source of volatile organic compounds. Based on an evaluation of required reports submitted by the Company, MDE determined that the Company had not conducted monitoring and record keeping for its equipment. The violations occurred over a period of several months. Status: Case Closed. (Reference #AQCP 112204)
J. M. Huber Corporation – Harford County: On Dec. 14, 2004 MDE received payment of a $25,000 administrative penalty assessed against J. M. Huber Corporation, an inorganic pigments production plant located in Havre de Grace. Huber violated its air quality operating permit by failing to record all the daily baghouse pressure drops for three different baghouses for three years. Huber also failed to report the violations in its annual compliance certification. Status: Case Closed. (Reference #AQCP 04-01A)
Washington County Hospital – Washington County: On Dec. 16, 2004 MDE issued a Notice of Proposed Civil Penalty in the amount of $50,000 to Washington County Hospital for multiple stack test violations of the dioxin/furan emission limit from their hospital medical waste incinerator. The Hospital operates a medical waste incinerator in Hagerstown subject to air quality regulations requiring periodic stack testing and reporting. Status: Washington County Hospital has requested a meeting concerning the Penalty. (Reference #AQCP 04-05)
Columbia Union College – Prince George’s County: On Dec. 16, 2004 MDE finalized a Consent Order with Columbia Union College to address asbestos violations. The order also included two contractors that worked at the college and were involved in the violations. The parties agreed to pay a total of $75,000 in penalties to settle the violations. The violations have been corrected. Status: Case Closed. (Reference #AQCP 121604)
Waste Management Administration
Mr. Tai Hien Ly - Baltimore County: Tai Hien Ly was issued an Administrative Complaint, Order and Penalty equaling $35,000 on December 22, 2004 for violating Maryland’s Lead Laws by failing to register a pre-1950 rental property and failing to bring the affected property into compliance with risk reduction requirements. Status – Mr. Tai Hien Ly has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty (Case Number 04-30-7391)
Educational Capital Trust Foundation, c/o Alden W. Hanson, Agent - Baltimore City:Educational Capital Trust Foundation was issued an Administrative Complaint, Order and Penalty equaling $50,000 on December 22, 2004 for violating Maryland’s Lead Laws by failing to register a pre-1950 rental property and failing to bring the affected property into compliance with risk reduction requirements. Status – Educational Capital Trust Foundation has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty (Case Number 03-30-6122)
Maryland Liberty Homes, LLC, c/o Jerry S. Sopher - Baltimore City – Maryland Liberty Homes, LLC was issued an Administrative Complaint, Order and Penalty equaling $15,000 on December 16, 2004 for violating Maryland’s Lead Laws by failing to register a pre-1950 rental property and failing to bring the affected property into compliance with risk reduction requirements. Status – Maryland Liberty Homes, LLC has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty (Case Number 04-30-7485)
Mr. Frank Braun -7 affected properties – Baltimore: Frank Braun was issued an Administrative Complaint, Order and Penalty equaling $20,000 on January 11, 2005 for violating Maryland’s Lead Laws by failing to register pre-1950 rental properties and failing to bring each affected property into compliance with risk reduction requirements. Status– Mr. Frank Braun has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty (Case Number 02-30-5679)
Ms. Alisa C. Tyson -5 affected properties – Baltimore: Alisa C. Tyson was issued an Administrative Complaint, Order and Penalty equaling $20,000 on January 11, 2005 for violating Maryland’s Lead Laws by failing to register pre-1950 rental properties and failing to bring each affected property into compliance with risk reduction requirements. Status– Ms. Alisa C. Tyson has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty (Case Number 03-30-7133)
James Thorne, Jr. - 6 affected properties – Baltimore: James Thorne, Jr. was issued an Administrative Complaint, Order and Penalty equaling $30,000 on January 11, 2005 for violating Maryland’s Lead Laws by failing to register pre-1950 rental properties and failing to bring each affected property into compliance with risk reduction requirements. Status– Mr. James Thorne, Jr. has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty (Case Number 04-30-7619)
Jonas Eshelman - 220 affected properties – Baltimore: Jonas Eshelman was issued an Administrative Complaint, Order and Penalty equaling $100,000 on January 13, 2005 for violating Maryland’s Lead Laws by failing to register pre-1950 rental properties and failing to bring each affected property into compliance with risk reduction requirements. Status – Mr. Jonas Eshelman has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty (Case Number 03-30-6815)
London Irrevocable Family Business Trust-One, Helen F. London Irrevocable Family Trust-One and Wilkens Realty Family Limited Partnership - numerous affected properties – Baltimore: London Irrevocable Family Business Trust-One, Helen F. London Irrevocable Family Trust-One and Wilkens Realty Family Limited Partnership were issued an Administrative Complaint, Order and Penalty equaling $45,000 on January 13, 2005 for violating Maryland’s Lead Laws by failing to register pre-1950 rental properties and failing to bring each affected property into compliance with risk reduction requirements. Status – London Irrevocable Family Business Trust-One, Helen F. London Irrevocable Family Trust-One and Wilkens Realty Family Limited Partnership have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty (Case Number 04-30-7422)
Bruce and Caroline Owens - 3 affected properties – Baltimore City: Bruce Owens and Caroline Owens were issued an Administrative Complaint, Order and Penalty equaling $15,000 on January 13, 2005 for violating Maryland’s Lead Laws by failing to register pre-1950 rental properties and failing to bring each affected property into compliance with risk reduction requirements. Status – Mr. Bruce Owens and Ms. Caroline Owens have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty (Case Number 04-30-7612)
Water Management Administration
The Mayor and Council of Hagerstown, Washington County: On Jan. 12, the Judge for the Circuit Court of Washington County signed the finalized civil Consent Judgment between MDE and the City of Hagerstown regarding improvements to the Hagerstown Wastewater Treatment Plant and collection system. Under the terms of the Consent Judgment, Hagerstown has agreed to complete improvements to the system over the next seven years that include, but are not limited to, a comprehensive Capacity, Management, Operation and Maintenance (CMOM) Program for the entire sewage collection and treatment system, a Sanitary Sewer Evaluation Study (SSES) and plan for Inflow and Infiltration (I&I) reduction; major upgrades to various treatment plant components to address compliance with discharge permit effluent limitations and capacity related overflow and bypassing events. The consent judgment has also established a limitation on the number of additional new sewage connections Hagerstown may allow each year. To resolve past discharge permit effluent violations and unauthorized overflows, Hagerstown has agreed to pay $85,750 to the Maryland Clean Water Fund and perform a supplemental environmental project (SEP) of $265,000 within the next five years. Status: Case closed. (Reference# CJ-05-0073).
Town of Elkton, Harford County – On Jan. 5, MDE and the Town of Elkton finalized an administrative Consent Order regarding improvements to the Elkton Wastewater Treatment Plant to ensure compliance with NPDES discharge permit requirements. Under the terms of the Consent Order, Elkton has agreed to complete construction of treatment plant upgrades to accomplish Biological Nutrient Reduction (BNR) by April 1, 2008 and to comply with all discharge permit effluent limitations by July 1, 2008. The Consent order establishes interim performance standards for effluent discharged from the plant during periods of construction and stipulated penalties for violations of these interim standards as well as applicable permit effluent limitation violations. Elkton has also agreed to limit the number of new connections to the sanitary sewer system during the pendancy of the Consent Order and to submit to MDE for review and approval a Capacity Management Plan for managing existing and future sewer allocations. Status: Case closed. (Reference #CO-05-0065).
Hernwood Landfill, Baltimore County – On Jan. 6, MDE and Baltimore County finalized an administrative Consent Order resolving alleged water pollution and solid waste violations at the Hernwood Landfill. Under the terms of the Consent Order, Baltimore County has agreed to implement corrective action plans for improvements to the Landfill’s leachate treatment plant to ensure compliance with discharge permit ammonia effluent limitations. Baltimore County has also agreed to implement corrective actions to address alleged sediment control violations and leachate outbreaks and for closure and capping of the northern area of the Landfill as well as perform further environmental evaluation of the Landfill site’s impact to surrounding areas. Baltimore County has agreed to pay $1,500 to the Maryland Clean Water Fund and perform a Supplemental Environmental Project (SEP) to establish a permanent electronic equipment recycling center at the Baltimore County Resource Recovery Facility by October 1, 2006. Status: Case closed. (Reference # CO-05-0072).
Eastern Landfill, Baltimore County – On Jan. 6, MDE and Baltimore County finalized an administrative Consent Order resolving alleged water pollution and solid waste violations at the Eastern Landfill. Under the terms of the Consent Order, Baltimore County has agreed to implement corrective action to address leachate outbreaks, sediment runoff, stormwater pollution prevention and conduct appropriate training for on site personnel for the proper operation and maintenance of the Landfill. Baltimore County has agreed to pay $1,500 to the Maryland Clean Water Fund and perform a SEP to establish a permanent electronic equipment recycling center at the Baltimore County Resource Recovery Facility by October 1, 2006. Status: Case closed. (Reference #CO-05-0071).
Action Properties, Inc., St. Mary’s County – On Dec. 29, 2004, MDE issued an administrative Complaint and Order against Action Properties, Inc. requiring the abandonment of a substandard drinking water well, located at 37254 Manor Road, Chaptico, St. Mary’s County, Maryland. The company has requested a hearing on the matter. Status: Case pending. (Reference #AO-05-0061).
Water and Sediment Pollution Penalties – Statewide
During the period Nov. 15, 2004 to Jan. 15, MDE collected an additional $27,500 to the Sediment Fund in resolution of alleged erosion and sediment control/sediment pollution violations from seven sites and $9,250 to the Clean Water Fund in resolution of alleged water pollution violations at eight facilities.
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