Air & Radiation Management Administration
American Infrastructure of Maryland, Harford County--On July 19, MDE issued a Complaint and Administrative Penalty for $8,100 to American Infrastructure of Maryland for failure to comply with regulations governing the control and surveillance of a nuclear density gauge containing licensed radioactive material while not in storage. The violations also include failure to maintain user training records; no authorization of use from the Radiation Safety Officer; absence of MDE approval of the transfer of ownership and failure to maintain a copy of Maryland Radiation Regulations. Status: American Infrastructure of Maryland has informed RHP that they intend to appeal the case to the Office of Administrative Hearings (OAH). (Reference # RHP 04-25)
Mercy Medical Center, Baltimore City--On July 25, MDE signed a Consent Order with Mercy Medical Center in which Mercy agrees to pay a penalty of $7,500 and perform a Supplemental Environmental Project (SEP) for $12,500. The specific nature of the SEP will be worked out under the terms of the Consent Order. The Order settles the Notice of Assessed Civil Penalty issued to Mercy for violating Maryland’s ambient air quality control laws. The hospital operates a medical waste incinerator subject to federal and state air quality regulations. Mercy’s incinerator failed stack tests for mercury and particulate matter. The Hospital has since retested and demonstrated a return to compliance. Status: Case Closed. (Reference #AQCP 050725)
Anne Arundel Medical Center, Anne Arundel--On July 27, MDE issued a Complaint, Order, and Administrative Penalty for $2,000 to Anne Arundel Medical Center (AAMC) for failure to comply with regulations governing the owning or operating of radiation machines. This Complaint was issued because AAMC committed a violation of Maryland Radiation Regulations by irradiating the wrong patient. Status: AAMC has 10 days to appeal the Order. (Reference # RHP 05-03)
Victor Graphics, Baltimore City--On Aug. 1, MDE issued a Notice of Assessed Civil Penalty in the amount of $4,500 to Victor Graphics for air quality violations. Victor Graphics operates a commercial printing facility in Baltimore City. During a recent inspection, an ARMA inspector determined that the Company installed and operated a press without first obtaining the required permit from ARMA. Printing presses are a source of volatile organic compound emissions. The Company has since applied for and received the air quality permit. Status: Victor Graphics has 30 days to request a hearing. (Reference #ACP 05-04A)
The Tate Cancer Center of North Arundel Hospital, Anne Arundel--On Aug. 4, MDE issued a Complaint, Order, and Administrative Penalty for $2,000 to the Tate Cancer Center of North Arundel Hospital for failure to comply with regulations governing the owning or operating of radiation machines. This Complaint was issued because North Arundel Hospital’s Tate Cancer Center treated one patient with a radiation treatment plan prescribed for another patient (i.e. wrong patient). Status: Tate Cancer Center has 10 days to appeal the Order. (Reference # RHP 04-30)
Curtis Bay Energy (formerly Phoenix Services), Baltimore City--On Aug. 9, MDE signed a Consent Order with Curtis Bay Energy requiring the company to reduce emissions of carbon monoxide, hydrochloric acid, and mercury and pay a $75,000 penalty for past air pollution violations. The consent order also requires the Company to perform $125,000 in Supplemental Environmental Projects, which include a mercury emission monitoring system, a new innovative mercury control system, and community projects to recycle products containing mercury. Curtis Bay Energy operates the largest medical waste incinerator in Maryland. The facility accepts waste from hospitals and other medical institutions for incineration. Curtis Bay Energy is subject to Federal and State air quality requirements. Past violations include two failed stack tests for mercury emissions and exceedances of permit limits for carbon monoxide and hydrogen chloride. Status: Case Closed. (Reference #AQCP 050809)
E & S Environmental Services, Inc. – Interim Asbestos Storage Site, Baltimore County--
On Aug. 12, MDE issued a Corrective Order to E & S Environmental Services, Inc. for violations of state asbestos regulations. The Company was found to be in violation of regulations regarding the storage of asbestos waste. The Company is approved for interim storage, but there are specific requirements for the storage of asbestos waste that the Company is not following. The order requires the Company to remove and properly dispose of the asbestos waste and debris from the site. The Order further requires the Company to provide the bepartment with disposal receipts or records of the appropriate disposal of the waste. Status: E&S has 10 days to appeal. (Reference #AQCP 050812)
Waste Management Administration
Larry Atkinson and John Barnes, Sr. - 5 affected properties, Baltimore City – Larry Atkinson and John Barnes, Sr. were issued an Administrative Complaint, Order and Penalty equaling $17,000 on July 26 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 standards. Status: Larry Atkinson and John Barnes, Sr. have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 04-30-7697)
Troxell N. Warnick - 5 affected properties, Allegany County – Troxell N. Warnick was issued an Administrative Complaint, Order and Penalty equaling $30,000 on Aug. 4, for violating Maryland’s Lead Laws by failing to bring pre-1950 rental properties into compliance with risk reduction standards. Status: Troxell N. Warnick has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 04-01-7555)
Carl I. Miller and Norma H. Miller – 3 affected properties, Frederick County – Carl I. Miller and Norma H. Miller were issued an Administrative Complaint, Order and Penalty equaling $46,500 on August 4, 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 standards. Status: Carl I. Miller and Norma H. Miller have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 05-10-7850)
Mid States Oil Refining LLC, Cecil County – Mid States Oil Refining LLC was issued a Complaint, Order and Penalty equaling $6,000 on Aug. 12 for violating Maryland’s Oil Control Laws by failing to comply with certain permit and permit application requirements at their oil storage facility in Elkton. Status: Mid States Oil Refining 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 COV-2005-012)
By Hand Furniture Refinishing, Inc., Baltimore County – By Hand Furniture Refinishing, Inc. signed a Consent Order with the department which settles an earlier complaint and penalty concerning violation of Maryland’s Hazardous Waste Management laws. The Consent Order contains a $10,000 penalty, all but $5,000 of which shall be suspended if By Hand Furniture Refinishing, Inc. pays $5,000 in accordance with a payment schedule, and remains in full compliance with Maryland hazardous waste laws. Status: The first payment has been received. (Consent Order No. CO-06-001 in settlement of Case Number CAP-05-021)
Water Management Administration
Baltimore City Department of Public Works, Baltimore City - On July 26, the Baltimore City Department of Public Works paid a stipulated penalty of $43,900 to the Maryland Clean Water Fund to resolve reported sanitary sewer overflows during the period April 1 through September 30, 2004 in accordance with the provisions of the federal/State Civil Consent Decree JFM02CVA1524. Status: Case closed. (Reference # SP-05-0160).
New Earth Services, Inc. and the County Council, Dorchester County – On July 27, MDE issued a unilateral Administrative Complaint, Order and Penalty against New Earth Services, Inc.(NES) and the County Council of Dorchester County regarding alleged water pollution from the NES composting facility located on leased land owned by Dorchester County on Galligher Farm Road in Hurlock. The enforcement action seeks a $50,000 penalty against NES and requires both parties to cease composting operations and receiving raw waste materials. The order also requires that within 30 days a closure plan for removing all curing and finished stockpiled compost from the site be submitted to MDE for review and approval. Status: Case pending. NES and Dorchester County have filed appeals. A hearing on the matter is scheduled before the Office of Administrative Hearings for September 12, 2005. (Reference #AO-06-0169).
The Commissioners of Thurmont, Frederick County – On July 27, 2005, MDE finalized an administrative consent agreement with Thurmont regarding improvements to the Thurmont Wastewater Treatment Plant. Under the terms of the consent agreement, Thurmont is required to implement immediate and long-term improvements to prevent sewer collection system overflows and plant bypasses. The consent agreement also limits the number of new connections to the Thurmont sewer system until sewer and plant improvements have been completed and Thurmont has demonstrated that sewer capacity is available. Thurmont also agrees to pay $6,750 to the Maryland Clean Water Fund in resolution of past unlawful sewage overflows to waters of the State and agrees to pay stipulated penalties for future events during the effective period of the consent agreement. Status: Case closed. (Reference #CA-06-0163).
Tamko Roofing Products, Inc., Frederick County – On July 13, MDE and Tamko Roofing Products, Inc. (Tamko) finalized an administrative consent order regarding violations of Tamko’s State Groundwater Discharge Permit for its roofing manufacturing facility in Frederick, Maryland. Under the terms of the consent order, Tamko has agreed to connect its wastewater discharges to the Frederick County sanitary sewer system and eliminate discharges to groundwaters of the State by February 1, 2006 or install a new treatment and recycling system and comply with the permit effluent limits by no later than April 15, 2006. Tamko has also agreed to perform a groundwater investigation to determine the impact of noncomplying discharges of arsenic to groundwaters of the State. Tamko has also agreed to pay to the Maryland Clean Water Fund $8,000 to resolve past effluent violations of the permit from June 1, 2001 through March 31, 2005 and has agreed to pay stipulated penalties for any future effluent violations during the effective period of the consent order. Status: Case closed. (Reference #CO-06-0159).
Charles County Commissioners, Charles County – On July 27, MDE and the Charles County Commissioners finalized an administrative consent agreement regarding the Thunderbird Apartments Wastewater Treatment Plant located on Twinberry Drive in Bel Alton, Maryland. Under the terms of the consent agreement, Charles County has agreed to perform improvements to the plant to achieve the effluent limitations for ammonia in State Discharge Permit 98-DP-0431 by June 1, 2007. The consent agreement establishes interim performance standards and stipulated penalties for violations of those standards while plant improvements are under construction. Status: Case closed. (Reference # CO-01-0164).
Water and Sediment Pollution Penalties – Statewide: During the period July 15 to Aug. 15, 2005, MDE collected an additional $17,300 to the Sediment Fund in resolution of alleged erosion and sediment control/sediment pollution violations from three sites and $18,550 to the Clean Water Fund in resolution of alleged water pollution violations at six facilities.
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