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AIR AND RADIATION MANAGEMENT ADMINISTRATION
Spartech, Wicomico County - On January 23, MDE received payment of $30,000 from Spartech to address violations of air quality regulations. MDE and Spartech recently signed a Consent Order that required Spartech to pay the penalty within 30 days. Spartech owns and operates a plastic film manufacturing facility in Salisbury. The facility is subject to Volatile Organic Compound (VOC) air pollution emission requirements. Due to a lightning strike, their air pollution control equipment became inoperable, causing excess VOC emissions for 31 days. The control equipment has been repaired and the Company is back in compliance. Status: Case Closed. (Reference #AQCP 070223)
ESSROC Cement Corporation, Frederick County - On February 2, MDE issued an “Opportunity to Settle” letter to ESSROC Cement, located in Frederick County. The Opportunity to Settle letter addresses violations of the facility’s air quality operating permit. The violations included failure to perform observations, failure to maintain adequate records, and air pollution control equipment parameter exceedances. The Opportunity to Settle letter provides ESSROC with an opportunity to discuss settlement of the violations with MDE, including achieving compliance and a penalty. Status: ESSROC has 20 days to respond to MDE. (Reference #AQCP 070202)
Chesapeake Potomac Regional Cancer Center, St. Mary’s County - On February 8, 2007, a Complaint, Order, and Administrative Penalty for $2,000 was sent by certified mail to Chesapeake Potomac Regional Cancer Center for violations at the treatment facility of regulations governing the owning or operating of an x-ray machine. The facility allowed a patient to be irradiated utilizing the treatment plan of another patient. Status: Chesapeake Potomac has 10 days to appeal the Order and 30 days to request a hearing on the Complaint and Penalty. (Reference #RHP 06-12)
Perdue, Wicomico County - On February 8, MDE issued a Notice of Assessed Civil Penalty in the amount of $17,000 to Perdue’s Salisbury plant for failure to comply with several requirements contained in their air quality operating permit, including submission of timely reports, monitoring, and record keeping. The violations have since been corrected. The plant includes grain handling, feed mill, vegetable oil refinery and extraction operations. Status: Perdue has 30 days to request a hearing. (Reference #ACP 06-08A)
Constellation Energy, Perryman, Harford County - On February 12, MDE issued a Notice of Proposed Civil Penalty in the amount of $31,500 to Constellation Energy’s Perryman facility. The penalty addresses NOx emissions violations that occurred during the 2006 summer ozone season. The Perryman facility consists of five combustion turbines in Harford County that mainly operate during times of peak electrical demand, such as hot summer days. Based on Continuous Emission Monitor (CEM) data reported by the company in their quarterly report, MDE determined that one of the combustion turbines violated the established NOx limit for 67 hours on twenty-six different days in August 2006. The violations occurred during the 2006 ozone season. Some of the violations occurred when the air quality in the Baltimore Area exceeded the Federal air quality standard for ozone. Status: Constellation has 10 days to request a meeting. (Reference #ACP 07-04)
Gas Station Stage II Vapor Recovery Cases - Update
MDE recently issued Assessed Civil Penalties to four gas stations for violations of Stage II vapor recovery requirements. Two of the four stations have paid their penalties: Milestone Mobil paid their required penalty of $3,500 on January 19, and Baden Texaco paid their required penalty of $500 on February 13. Of the two remaining stations one other has indicated they intend to pay, and the other has requested a hearing before an administrative law judge. The actions address various violations of Stage II vapor recovery regulations, including failure to test, failure to provide test results, failure to train workers, failure to keep records, and failure to post signs. Status: Case Closed. (Reference #ACP 06-07A and ACP 06-02A)
WASTE MANAGEMENT ADMINISTRATION
Deborah Ellen Lee Kong, Baltimore City – 7 affected properties – On January 19, MDE issued an Administrative Complaint, Order and Penalty equaling $21,500 to Deborah Ellen Lee Kong for violation of Maryland’s Lead Laws by failing to register properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Deborah Ellen Lee Kong has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9812)
Christiane M.H. Mandret-Wilson, Baltimore City – 6 affected properties – On January 19, MDE issued an Administrative Complaint, Order and Penalty equaling $27,500 to Christiane M.H. Mandret-Wilson for violating Maryland’s Lead Laws by failing to register properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Christiane M.H. Mandret-Wilson has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Cases Number 2006-30-9521)
Gregory L. Brown, Baltimore City – 4 affected properties - On January 19, MDE issued an Administrative Complaint, Order and Penalty equaling $44,000 to Gregory L. Brown for violating Maryland’s Lead Laws by failing to register properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Gregory L. Brown has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9715)
Daryl Flood, Baltimore City – 1 affected property – On January 22, MDE issued a Notice of Violation containing a settlement offer equaling $5,000 to Daryl Flood for violating Maryland’s Lead Laws by failing to follow the legal requirements regarding lead inspection certificates. Status – Daryl Flood has 20 days to pay the settlement offer. If not paid, MDE will refer this matter to the Maryland Office of the Attorney General for appropriate legal action. (Case Number 2006-30-9981)
Alfred G. Reed, Baltimore City – 8 affected properties – On January 26, MDE issued an Administrative Complaint, Order and Penalty equaling $44,000 to Alfred G. Reed for violation of Maryland’s Lead Laws by failing to register properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Alfred G. Reed has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-8539)
Pehnfa, LLC and Eden Ghebreab, Baltimore City – 5 affected properties – On January 26, MDE issued an Administrative Complaint, Order and Penalty equaling $36,500 to Pehnfa, LLC and Eden Ghebreab for violation of Maryland’s Lead Laws by failing to register properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Pehnfa, LLC and Eden Ghebreab have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9620)
Sandra D. Cornish, Wicomico County – 1 affected property – On January 26, MDE issued an Administrative Complaint, Order and Penalty equaling $16,500 to Sandra D. Cornish for violation of Maryland’s Lead Laws by failing to register her property, and failure to bring the affected property into compliance with risk reduction standards. Status – Sandra D. Cornish has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-22-9060)
Dark LLC and Faith Polishing & Plating Co., Baltimore City – On January 26, MDE issued a Complaint, Order and Administrative Penalty equaling $5,000 to Dark LLC and Faith Polishing & Plating Co. for violations of Maryland’s Laws and regulations regarding Controlled Hazardous Substances by storing hazardous waste over 90 days without a permit, and without proper secondary containment. Status – Dark LLC and Faith Polishing & Plating Co. have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Cases Number C-O-07-018)
Hakim Nadiff, Baltimore City – 2 affected properties – On January 30, MDE issued an Administrative Complaint, Order and Penalty equaling $13,500 to Hakim Nadiff for violation of Maryland’s Lead Laws by failing to register properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Hakim Nadiff has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9437)
Bruce R. Drury, Anne Arundel County – 2 affected properties – On February 5, MDE issued an Administrative Complaint, Order and Penalty equaling $33,000 to Bruce R. Drury for violation of Maryland’s Lead Laws by failing to register properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Bruce R. Drury has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2005-02-8426)
William Horne and ASAP Lead Paint Certificates, Inc., Baltimore City – On February 12, MDE issued an Administrative Complaint, Order and Penalty equaling $22,000 to William Horne and ASAP Lead Paint Certificates, Inc. for violation of Maryland’s Lead Laws by issuing over 50 lead risk reduction certificates in the name of an inspector who was no longer accredited. Status – William Horne and ASAP Lead Paint Certificates, Inc. have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9517)
WATER MANAGEMENT ADMINISTRATION
Washington Suburban Sanitary Commission (WSSC) – On February 15, 2007, WSSC was issued a stipulated penalty of $13,637.50 to be paid to the Maryland Clean Water Fund for reported sanitary sewer overflows that occurred during the period October 1 – December 31, 2006 in accordance with the provisions of federal/State Consent Decree (#PJM-04-3679). Status: Case closed. (Reference Case No. SP-07-0449).
Campus Hills Maryland Associates, L.P., Harford County – On February 5, 2007, MDE issued an Administrative Complaint, Order and Penalty against Campus Hills Maryland Associates, L.P. for alleged violations of water pollution control laws at the Campus Hills Shopping Center wastewater treatment system located at 2300 Churchville Road in Churchville, Maryland. The Order requires the owner to submit to MDE for review and approval a corrective action plan and schedule for improvements to the treatment system that will ensure compliance with the facility’s State Discharge Permit effluent limitations. The Order also requires the Owner to inspect the wastewater conveyance lines serving any offsite satellite facilities within 60 days and to submit a report of findings and to correct any deficiencies observed. MDE has assessed an administrative penalty of $26,350 in this case. The Defendant has ten days to appeal the Order and 30 days to appeal the penalty assessment. Status: Case pending. (Reference # AO-07-0434).
Water and Sediment Pollution Penalties – Statewide - During the period January 15, 2007 to February 14, 2007, MDE collected an additional $15,050 to the Maryland Clean Water Fund in resolution of alleged water pollution violations from six facilities and $21,200 to the Maryland Sediment Fund in resolution of alleged sediment control and sediment pollution violations from two sites.
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