Air & Radiation Management Administration
Bitumar USA, Inc., Anne Arundel County--On February 24, MDE received a penalty payment in the amount of $5,000 from Bitumar USA. The payment settles an enforcement action that resulted from air quality violations discovered during an MDE 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 permit to construct. The permit condition required the company to use its untested back-up control device no more than 10 percent of its operating time annually. MDE determined during the inspection that the Company operated the back-up control equipment more than 70 perecnt of the time last year. The company has since returned to compliance. Status: Case Closed. (Reference #AQCP 05-02A)
Washington County Hospital, Washington County--On February 28, MDE issued a Notice of Assessed Civil Penalty in the amount of $40,000 to Washington County Hospital. The penalty is for failing two stack tests for dioxins/furans. Washington County Hospital operates a medical waste incinerator subject to Federal and Maryland emission and operating limits. The incinerator twice failed a stack test for dioxins/furans. The Hospital made improvements to the incinerator and has since passed two recent stack tests. Status: Washington County Hospital has 30 days to request a hearing. (Reference #AQCP 04-05A)
Allegheny Energy Supply - R. Paul Smith, Washington County--On March 3, MDE issued a Notice of Proposed Civil Penalty in the amount of $27,500 to Allegheny Energy for violation of their nitrogen oxides emission rate. The violations were determined by a continuous emission monitor at Allegheny Energy’s R. Paul Smith generating station. The facility is a large source of nitrogen oxide emissions. Status: Allegheny Energy has 10 days to request a meeting. (Reference #AQCP 05-28)
Mirant – Morgantown, Charles County--On March 3, MDE issued an “Opportunity to Settle” letter to Mirant for violations of air quality requirements. Mirant operates the Morgantown electric generating station consisting of two large coal fired boilers. The action is due to a failed particulate stack test. The Opportunity to Settle letter provides an opportunity to discuss the violations and potential settlement before filing formal charges in court. Status: Mirant has 20 days to respond to MDE. (Reference #AQCP 060303)
American Sugar Refining Company (Domino Sugar), Baltimore City--On March 3,MDE issued an “Opportunity to Settle” letter to American Sugar for violations of air quality requirements. American Sugar operates a large boiler subject to federal emissions limits for nitrogen oxides. MDE is delegated to enforce these limits. MDE determined that American Sugar violated the NOx limits for over 200 days during a three-year period between 2003 and 2005. The facility also failed to submit emissions reports as required by the regulations. The Opportunity to Settle letter provides an opportunity for American Sugar to discuss the violations and potential settlement before filing formal charges in court. Status: American Sugar has 20 days to respond to MDE. (Reference #AQCP 060303)
Citrus & Allied Essences, Ltd., Harford County-- On March 9, MDE signed a Consent Order with the company to address violations of air quality requirements. The Company agreed to pay a penalty of $2,100 within 30 days of signing the order. During an inspection, MDE determined that the Company violated an air quality permit condition regarding operation of its reactors. The violations have since been addressed. Citrus & Allied is a manufacturer of flavorings and fragrances for food and other products, located in Belcamp, Harford County. Status: Case closed. (Reference #AQCP 060309)
Asbestos: A & I Inc., Prince George’s County-- On March 9, MDE issued a Notice of Proposed Civil Penalty in the amount of $12,000 to A & I, Inc. The action addresses six violations of asbestos regulations at Martin Luther King Middle School. The violations occurred during an asbestos removal project in the school’s boiler room. A & I has been a Maryland asbestos licensed contractor since 1986. MDE previously brought another penalty against the Company in 2002 for asbestos violations. This enforcement action resulted from a routine inspection of an asbestos removal project at the school. Violations include failure to properly wet the job site, improper handling of asbestos waste, and failure of workers to wear proper protective gear. Status: A & I has 10 days to request a meeting. (Reference # AQCP 05-23)
Shady Grove Radiology, Montgomery County--On March 9, MDE issued a Complaint and Notice of Administrative Penalty for $9,250 to Shady Grove Radiology for numerous violations of regulations governing the possession and use of radioactive materials, including failure to: conduct adequate contamination smears of incoming radioactive material packages; conduct adequate radioactive contamination smears of the licensed facility; conduct appropriate training of personnel; conduct annual reviews of the radiation safety program; conduct annual refresher training; prevent the storage and consumption of food and beverages in a radioactive material restricted area; not discard food and beverage containers in a radioactive materials restricted area; maintain records of contamination surveys and smears of the licensed facility; and conduct daily personnel contamination surveys. Status: Shady Grove has 30 days to request a hearing. (Reference #RHP 05-02)
Waste Management Administration
Howard County Public School System, Howard County – On February 22, MDE issued a Complaint, Order and Administrative Penalty equaling $25,000 to the Howard County Public School System for violations of Maryland’s law and regulations regarding Controlled Hazardous Substances. An inspection found that the County public school system engaged in the collection, transportation, accumulation and storage of Controlled Hazardous Substances generated by the County schools and other Howard County Public School System facilities without the required permits and certificates. Status: The Howard County Public School System has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number C-O-06-030)
David Paul Stewart, Carroll County – On February 23, MDE issued an Administrative Complaint, Order and Penalty equaling $7,000 to Stewart for violations of Maryland’s regulations concerning scrap tire collection facilities. Mr. Stewart operated Stews Automotive facility, and MDE issued a scrap tire general collection license to this facility in 1995. The penalty was issued for failure to submit numerous delinquent semi-annual scrap tire reports required by the license. Status: This case was settled for $800. (Case Number C-O-AP-06-ST-142)
Francine Coley and Tyrell Brown, 7 affected properties,Baltimore City – On February 27, MDE issued an Administrative Complaint, Order and Penalty equaling $33,000 to Francine Coley and Tyrell Brown for violating Maryland’s Lead Laws by failing to register their properties, and failing to bring the affected properties into compliance with risk reduction standards. Status: Francine Coley and Tyrell Brown have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 03-30-6834)
Roland Royal Mitchell, Jr. and Helen L. Mitchell, 1 affected property, Baltimore City– On February 27, MDE issued an Administrative Complaint, Order and Penalty equaling $30,000 to Roland Royal Mitchell, Jr. and Helen L. Mitchell for violating Maryland’s Lead Laws by failing register their property, and failinge to bring the affected property into compliance with risk reduction standards. Status: Roland Royal Mitchell, Jr. and Helen L. Mitchell have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 02-30-5844)
Jalaluddin Akbar and Zebunnisa Akbar, 6 affected properties,Baltimore City – On February 27, MDE issued an Administrative Complaint, Order and Penalty equaling $11,000 to Jalaluddin Akbar and Zebunnisa Akbar for violating Maryland’s Lead Laws by failing register their properties, and failing to bring the affected properties into compliance with risk reduction standards. Status: Jalaluddin Akbar and Zebunnisa Akbar have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 05-30-8332)
Bakervale, LLC and Baltimore Residential, LLC, 10 affected properties,Baltimore City – On February 27, MDE issued an Administrative Complaint, Order and Penalty equaling $27,500 to Bakervale, LLC and Baltimore Residential, LLC for violating Maryland’s Lead Laws by failing register properties, and failing to bring the affected properties into compliance with risk reduction standards. Status: Bakervale, LLC and Baltimore Residential, LLC have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2005-06-8116)
Water Management Administration
Columbia Union College, Montgomery County – On March 13, MDE issued an administrative Complaint, Order and Penalty against Columbia Union College (CUC), located at 7600 Flower Avenue in Takoma Park, Maryland, for alleged water pollution violations pertaining to operations of its campus swimming pool and other power plant operations. The order requires that CUC immediately cease unlawful discharges to waters of the State, comply with the monitoring and reporting requirements of the facility’s General Discharge Permit for Swimming Pools and to submit to MDE for review and approval, a corrective action plan and time schedule for identifying and eliminating discharges from unauthorized plumbing connections. MDE is seeking a penalty of $28,900 to be paid to the Maryland Clean Water Fund. Status: Case pending opportunity for appeal. (Reference # AO-06-0237).
Mountain Christian Church, Harford County – On February 13, MDE and Mountain Christian Church, located at 1824 Mountain Road, Joppa, Maryland, finalized an administrative Consent Order regarding improvements to the facility’s subsurface wastewater treatment system necessary to comply with the effluent limitations of State Groundwater Discharge Permit #03-DP-3429. Under the terms of the Consent Order, Mountain Christian Church has agreed to implement an approved corrective action plan for improvements to the system. The church has agreed to pay stipulated penalties for future effluent violations that may occur until approved corrections have been completed. Status: Case closed. (Reference #CO-06-0259).
Water and Sediment Pollution Penalties – Statewide
During the period February 15 to March 15, 2006, MDE collected an additional $6,650 to the Clean Water Fund in resolution of alleged water pollution violations from two facilities and $25,700 to the Sediment Fund in resolution of alleged sediment control violations at three sites.
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