Air & Radiation Management Administration
Northwest Hospital Center, Baltimore County --On Sept. 22, MDE received a penalty payment of $12,000 from Northwest Hospital Center as required by a recently-signed Consent Order. The Consent Order settled a Notice of Assessed Civil Penalty issued to Northwest for violating Maryland’s ambient air quality control laws. The hospital operates a medical waste incinerator subject to federal and state air quality regulations. Northwest’s incinerator failed a stack test for hydrogen chloride emissions. The Hospital has since retested and demonstrated a return to compliance. Status: Case Closed. (Reference # AQCP 050811)
10848 Kemps Nursery Road, Somerset County -- On Sept. 27, MDE issued an Administrative Complaint and Order to Chesapeake Airway Service Corporation, White’s Aircraft Parts, and Bountiful Ridge Properties, for violating Maryland’s radiation control regulations by storing radium–226 at a warehouse located at 10848 Kemps Nursery Road in Princess Anne. The order requires the parties to immediately secure the premises, cease the transfer of materials from the site, prohibit access unless approved by the department, and to prepare a site remediation plan within 60 days for departmental approval. Status: The companies have 30 days to request a hearing.
5585 Airport Road, Wicomico County --On Sept. 27, MDE issued an Administrative Complaint and Order to Chesapeake Airway Service Corporation, White’s Aircraft Parts, and Wicomico Regional Airport for violating Maryland’s radiation control regulations by storing radium–226 at a property located at 5585 Airport Road in Salisbury. The order requires the parties to immediately secure the premises, cease the transfer of materials from the site, prohibit access unless approved by the Department, and to prepare a plan within 60 days for Departmental approval that for remediation of the site. Status: The companies have 30 days to request a hearing.
Curtis Bay Energy, Baltimore City--On Oct. 5, Curtis Bay Energy made a $25,000 penalty payment as required by a recently-signed Consent Order between MDE and Curtis Bay Energy. This payment is the second of three installments for a $75,000 penalty. The Consent Order also includes installation of air pollution control equipment as well as provisions for mercury Supplemental Environmental Projects (SEP) in the amount of $125,000. Curtis Bay Energy (formerly Phoenix Services) operates a commercial medical waste incineration facility subject to federal and state air quality regulations. The Consent Order addressed past air quality violations, including failed stack tests for mercury and particulate matter and recurrent violations of CO and HCl emission limits. Status: Case Closed. (Reference # AQCP 050809)
Waste Management Administration
NURAD Technologies, Inc., Baltimore City – NURAD Technologies, Inc. was issued a Complaint and Order Sept. 28, 2005 for violations of Maryland laws and regulations regarding Controlled Hazardous Substances. The Complaint and Order notice contained a Penalty of $5,000. Status: NURAD Technologies, Inc. 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-06-014)
Guthmann’s Elite Manufacturing Systems, Inc. (GEMS), Baltimore City – GEMS was issued a Complaint, Order and Administrative Penalty on Sept. 15, 2005 for violating Maryland’s Oil Control Laws and regulations and Maryland’s water pollution laws. This was a joint action between the Waste Management Administration and the Water Management Administration. The Waste Management portion of this action contained a penalty in the amount of $18,000. Status: GEMS has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Waste Management Case Number OCP-2003-1527BC).
Water Management Administration
Baltimore County, Maryland – On Sept. 20, a civil consent decree between Defendant Baltimore County and Plaintiffs the State of Maryland (MDE) and the United States of America (EPA), was entered in the United States District Court for the District of Maryland regarding elimination of sanitary sewer overflows from the Baltimore County sanitary sewer collection system. Under the terms of the consent decree, Baltimore County is required to implement over the next 14 and ½ years numerous reporting, monitoring, inspection, maintenance, repair, and replacement remedial measures for its sewer collection system in order to eliminate sewer overflows. The County is also required to pay a civil penalty to the Maryland Clean Water Fund of $375,000 and a penalty of $375,000 to the United States Treasury. In addition, within the next five years, the County must perform supplemental environmental projects in the amount of $4,500,000 toward the Patapsco Wastewater Treatment Plant Biological Nutrient Removal/Enhanced Nutrient Removal project; the Back River Debris Removal Project; and stream restoration projects for Gwynns Falls at Gwynnbrook Avenue, Paradise Avenue tributary of West Branch of Herbert’s Run, Minebank Run tributary at Waller Court and Herring Run at Collinsdale. Baltimore County is also required to pay stipulated penalties for future sanitary sewer overflows and violations of consent order requirements. Status: Case closed. (Reference # 1:05-cv-02028-AMD).
Hanover Foods Corporation, Caroline County – On Sept. 30, MDE issued an Administrative Complaint, Order and Civil Penalty to Hanover Foods Corporation alleging violations of State Discharge Permit 96-DP-0507 and Maryland water pollution control laws at its vegetable processing facility located in Ridgely, Maryland. The Order requires Hanover Foods to immediately cease unlawful discharges to surface waters and to cease land application of wastes and wastewater in violation of the groundwater discharge permit as well as to submit a plan of corrective action within 30 days to provide adequate wastewater storage or otherwise eliminate unlawful discharges. MDE has assessed a $50,000 administrative penalty in this case. Hanover Foods has appealed the order and penalty and has requested a hearing before the Office of Administrative Hearings. Status: Case pending. (Reference # AO-06-0202).
Baltimore City Department of Public Works – On Sept. 6, MDE issued a demand for payment of a stipulated penalty in the amount of $8,125 to Baltimore City for reported sanitary sewer overflows during the period October 1, 2004 through December 31, 2004 in accordance with the provisions of federal/State Civil Consent Decree JFM02CVA1524. Baltimore City paid the penalty to the Maryland Clean Water Fund on September 29. Status: Case closed. (Reference # SP-06-0179).
Guthmann’s Elite Manufacturing Systems, Inc. (GEMS), Baltimore City – On Sept. 15, MDE, on behalf of the Waste Management and Water Management Administrations, issued an Administrative Complaint, Order and Penalty to GEMS seeking corrective action and administrative penalties totaling $38,000 for violations of Maryland oil control and water pollution control laws at GEMS’ steel and aluminum light poles facility located 2838 Annapolis Road in Baltimore City. GEMS has appealed the order and penalty and requested a hearing before the Office of Administrative Hearings. Status: Case pending. (Reference # WMA: AO-06-0185).
Spirit Services, Inc., Washington County – On Sept. 28, MDE finalized an administrative consent order with Spirit Services, Inc. regarding improvements to Spirit Services industrial wastewater pretreatment plant that discharges to the Conococheague Wastewater Treatment Plant located in Williamsport, Maryland. Under the terms of the consent order, Spirit Services is required to either document by January 1, 2006 that control of the Conococheague Industrial Pretreatment Facility has been transferred from Washington County to Spirit Services or to provide a plan of corrective action that must be implemented by April 1, 2006 to comply with Spirit Services pretreatment permit. Spirit Services is also required to pay $7,200 to the Maryland Clean Water Fund for violations of the facility’s pretreatment permit during the period May 1, 2003 through September 30, 2003. Additionally, stipulated penalties must be paid for violations of the consent order and if the facility has additional significant violations. Status: Case closed. (Reference #CO-06-0190).
Presbyterian Senior Living Services, Baltimore County – On Sept. 20, MDE and Presbyterian Senior Living Services finalized an administrative consent order regarding improvements to the Glen Meadows Retirement Community Wastewater Treatment Plant located in Glen Arm, Maryland. Under the terms of the consent order, the owner is required to install a new wastewater treatment plant in order to comply with State Discharge Permit 00-DP-0792 and to pay $5,200 to the Maryland Clean Water Fund. Status: Case closed. (Reference # CO-06-0183).
Charles and Dorothy Hagan, Frederick County – On Sept. 29, MDE issued an administrative complaint and order to the Hagans requiring the septage holding tank on their residential property located at 9517 Hansonville Road in Frederick, Maryland, to be immediately pumped out by a licensed sewage hauler and transported to a permitted wastewater treatment facility. The Hagans are required to pump and haul septage as often as necessary from the holding tank to prevent discharges to waters of the State and within 10 days must apply to the Frederick County Health Department for a formal holding tank agreement. Status: Case pending appeal. (Reference # AO-06-0194).
Water and Sediment Pollution Penalties – Statewide
During the period Sept. 15 to Oct. 15, 2005, MDE collected an additional $40,440 to the Sediment Fund in resolution of alleged erosion and sediment control/sediment pollution violations from five sites.
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