Air & Radiation Management Administration
Bitumar USA, Inc., Anne Arundel County -- On January 18, MDE issued a Notice of Assessed Civil Penalty in the amount of $5,000 to Bitumar USA for air quality violations. The action resulted from violations discovered during an inspection of the facility. Bitumar owns and operates a paving and roofing asphalt products plant in northern Anne Arundel County near the Baltimore City line. During an inspection, MDE determined that the Company violated one of the requirements imposed on its air quality permit to construct. The permit condition requires the company to use its untested back-up control device no more than 10 percent of its annual operating time. MDE determined during the inspection that the Company operated the back-up control equipment more than 70 percent of the time last year. The company has since returned to compliance. Status: Bitumar has 30 days to request a hearing. (Reference #AQCP 05-02A)
Baltimore Washington Medical Center, Anne Arundel County -- On January 30, MDE issued a Complaint, Order and Administrative Penalty for $2,000 to Baltimore Washington Medical Center for violations of radiation control requirements. MDE determined that a radiation misadministration occurred at the treatment facility. The facility allowed a patient to be treated with the radiation treatment plan prescribed for another patient. Status:Baltimore Washington Medical Center has requested an invoice and an invoice has been mailed. (RHP Case Number 05-05)
Cytec Engineered Materials, Inc. (Cytec), Harford County -- On February 14, MDE issued a Notice of Proposed Civil Penalty in the amount of $10,000 and a Corrective Order to Cytec for violations of air quality regulations. Cytec operates an adhesives manufacturing plant in Havre de Grace. The facility is a “major” source of volatile organic compounds (VOCs) as defined in the Clean Air Act, making it subject to Title V permitting requirements. MDE issued a Title V permit to the Company in June 2001. The Company reported in its third quarter 2005 report that air pollution monitoring data was not recorded for 50 days. Monitoring and record keeping are key requirements of the Title V permit to help ensure compliance. Status: Cytec has 10 days to request a meeting. (Reference # AQCP 05-29 and 05-11-02)
Diageo North America, Inc. (Diageo), Baltimore County -- On February 14, MDE issued a Notice of Proposed Civil Penalty in the amount of $22,300 for violations of air quality regulations. Diageo operates a distilled spirits and packaging facility in Baltimore County. The facility is a “major” source of volatile organic compounds (VOCs) as defined in the Clean Air Act, making it subject to Title V permitting requirements. MDE issued a Title V permit to the Company in February 2004. During a recent MDE inspection, it was discovered that the Company failed to conduct monitoring and record keeping at one of its filling areas. Also, the inspector observed spilled material on the floor that was not being handled according to good operating practices to reduce air emissions. Monitoring and record keeping are key requirements of the operating permit to help ensure compliance. Good operating practice helps reduce evaporation of volatile organic compounds. Status: Diageo has 10 days to request a meeting. (Reference # AQCP 05-29)
Waste Management Administration
Hamilton Pollock – 1 affected property, Baltimore City – Hamilton Pollock was issued an Administrative Complaint, Order and Penalty equaling $16,500 on January 20 for violating Maryland’s Lead Laws by failing to register his property, and failing to bring his property into compliance with risk reduction standards. Status: Hamilton Pollock has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 05-30-8070)
Aby K. Diao and Charles Village Investment Corporation – 10 affected properties, Baltimore City – Aby K. Diao and Charles Village Investment Corporation were issued an Administrative Complaint, Order and Penalty equaling $33,000 on January 24 for violating Maryland’s Lead Laws by failing to register their properties, and failure to bring each affected property into compliance with risk reduction standards. Status: Aby K. Diao and Charles Village Investment Corporation have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 05-30-8326)
Francis M. Rumney – 1 affected property, Baltimore City – Francis M. Rumney was issued an Administrative Complaint, Order and Penalty equaling $11,000 on January 27, 2006 for violating Maryland’s Lead Laws by failing register a property, and failure to bring the affected property into compliance with risk reduction standards. Status: Francis M. Rumney has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 05-30-8222)
Yosef Lefkowitz and Joshua H. Bleiberg – 2 affected properties, Baltimore City – Yosef Lefkowitz and Joshua H. Bleiberg were issued an Administrative Complaint, Order and Penalty equaling $41,000 on January 31 for violating Maryland’s Lead Laws by failing register properties, and failure to bring the affected properties into compliance with risk reduction standards. Status: Yosef Lefkowitz and Joshua H. Bleiberg have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 05-30-8373)
Kimbal R. Barnes – 1 affected property, Baltimore City – Kimbal R. Barnes was issued an Administrative Complaint, Order and Penalty equaling $11,000 on January 31 for violating Maryland’s Lead Laws by failing register a property, and failure to bring the affected property into compliance with risk reduction standards. Status: Kimbal R. Barnes has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 05-30-8317)
Georgette Stewart and Andrew Stewart and Helen Meade – 3 affected properties, Baltimore City – Georgette Stewart and Andrew Stewart and Helen Meade were issued an Administrative Complaint, Order and Penalty equaling $30,000 on February 6 for violating Maryland’s Lead Laws by failing register properties, and failure to bring the affected properties into compliance with risk reduction standards. Status: Georgette Stewart and Andrew Stewart and Helen Meade have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 04-30-7498)
Uayvon Stallings-Berry and Shawn Berry – 3 affected properties, Baltimore City – Uayvon Stallings-Berry and Shawn Berry were issued an Administrative Complaint, Order and Penalty equaling $16,500 on February 10 for violating Maryland’s Lead Laws by failing register properties, and failure to bring the affected properties into compliance with risk reduction standards. Status: Uayvon Stallings-Berry and Shawn Berry have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 05-30-8312)
Water Management Administration
Harold R. and Russola B. Baker, Charles County – On January 30, MDE issued an Administrative Complaint, Order and Penalty against the Bakers for alleged violations of Maryland law regarding sediment control and sediment pollution, water pollution control and regulated activity in nontidal wetlands at their property located at 6805 Bird Wing Place in Bryans Road, Maryland. MDE has imposed an administrative penalty of $20,000 in this case. Status: Case pending opportunity for appeal. (Reference # AO-06-0253).
Dale Chipps and Daniel N. Ricker, Carroll County – On January 26, MDE, Dale Chipps and Daniel Ricker finalized an Administrative Consent Order resolving alleged waterway construction and nontidal wetlands violations at property located on Obrecht Road in Sykesville, Maryland. Under the terms of the Consent Order, Mr. Chipps has agreed to pay $5,000 to MDE’s Nontidal Wetlands Compensation Fund and within 30 days, to submit plans to MDE for review and approval for the construction of approved stream crossings and restoration of nontidal wetlands on the property and to implement the approved plans within 180 days. Status: Case closed. (Reference #CO-06-0256).
Talbot County Council, Talbot County – On January 6, MDE and Talbot County finalized an Administrative Consent Order regarding improvements to the Talbot County Region II Wastewater Treatment Plant located in St. Michaels, Maryland. Under the terms of the Consent Order, Talbot County is required to complete construction of a plant upgrade to accomplish Enhanced Nutrient Removal (ENR) by December 31, 2007 and to complete full operation on the Plant and comply with the discharge permit effluent limits by no later than April 1, 2008. Talbot County is also required to submit a plan and schedule to MDE for review and approval for the implementation of improvements to the county’s sewer collection system to eliminate Inflow and Infiltration (I&I) problems. The County is also required to submit to MDE for review and approval a Capacity Management Plan that describes the management of existing and future sewer connections, flow allocations and the issuance of building permits and approval of new subdivision plats. Under the terms of the Consent Order, Talbot County has agreed to pay $2,330 to the Clean Water Fund and to perform a Supplemental Environmental Project (SEP) in the amount of $28,000 to resolve past discharge permit violations. Status: Case closed. (Reference #CO-06-0242).
Water and Sediment Pollution Penalties – Statewide
During the period January 15 to February 15, 2006 MDE collected an additional $6,500 to the Clean Water Fund in resolution of alleged water pollution violations from four facilities and $28,400 to the Sediment Fund in resolution of alleged sediment control violations at five sites.
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