Air & Radiation Management Administration
Diageo North America, Inc. (Diageo) – Baltimore County On July 6, MDE received payment of $30,000 from Diageo as required by a recently-signed Consent Order. Payment of this penalty and the implementation of corrective measures have resolved the 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. During an MDE inspection, it was discovered that the Company failed to conduct monitoring and record keeping at one of its filling areas. The inspector also 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 – Case Closed. (Reference # AQCP 060615)
Cytec Engineered Materials, Inc. – Harford County On June 27, MDE received payment of $8,500 from Cytec as required by a recently-issued Assessed Civil Penalty. Payment of the penalty resolved 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. The Company violated its Title V permit by failing to maintain and record air pollution monitoring data for 50 days. Monitoring and record keeping are key requirements of the Title V permit to help ensure compliance. Status – Case Closed. (Reference # AQCP 05-29A)
Gas Station Stage II Vapor Recovery Cases
On June 30, MDE issued Corrective Orders and Proposed Civil Penalties to five gas stations. The actions addressed various violations of Stage II Vapor Recovery regulations. The facilities for which the enforcement actions were issued were provided numerous opportunities to comply over an extended period of time. The proposed penalties range from $1,000 to $5,000. The Order requires the gas stations to achieve and certify compliance within 30 days.As background, MDE has conducted various and numerous outreach and compliance assistance to gas stations regarding Stage II Vapor Recovery requirements. Of the 1700 gas stations subject to Stage II requirements, most comply or fix the problem quickly when an inspector finds a violation. These five stations have had an extended time of non-compliance after notification by an MDE inspector. Status – The stations have 10 days to appeal the Corrective Order and to request a meeting on the penalty.
Waste Management Administration
Daryl Mackey, Allegany County and Baltimore City – 5 affected properties – On June 30, MDE issued an Administrative Complaint, Order and Penalty equaling $25,000 to Daryl Mackey for violating Maryland’s Lead Laws by failing to renew registrations for his properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Daryl Mackey has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-01-8258)
Steven R. Lang and Mara Dudrow, Baltimore City – 7 affected rental units – On July 10, MDE issued an Administrative Complaint, Order and Penalty equaling $15,000 to Steven R. Lang and Mara Dudrow for violating Maryland’s Lead Laws by failure to bring the affected properties into compliance with risk reduction standards. Status – Steven R. Lang and Mara Dudrow have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9081)
Rosa White, Baltimore City – 1 affected property – On June 22, MDE issued an Administrative Complaint, Order and Penalty equaling $27,500 to Rosa White for violating Maryland’s Lead Laws by failing to register a property and failure to bring the affected property into compliance with risk reduction standards. Status – Rosa White has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Cases Number 2006-30-8518)
Dennis V. and Irina V. Gerasimov, Baltimore City – 10 affected properties – On June 22, MDE issued an Administrative Complaint, Order and Penalty equaling $15,000 to Dennis V. and Irina V. Gerasimov for violating Maryland’s Lead Laws by failing to bring the affected properties into compliance with risk reduction standards. Status – Dennis V. and Irina V. Gerasimov have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9035)
John J. Grasso, Baltimore City and Baltimore County – 19 affected properties – On June 22, MDE issued an Administrative Complaint, Order and Penalty equaling $100,000 to John J. Grasso for numerous violations of Maryland’s Lead Laws including failing to register his properties and failure to bring the affected properties into compliance with risk reduction standards. Status – John J. Grasso has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9346)
Gertrude Fitzpatrick, Baltimore City – 4 affected properties – On July 10, MDE issued an Administrative Complaint, Order and Penalty equaling $16,500 to Gertrude Fitzpatrick for violating Maryland’s Lead Laws by failing register her properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Gertrude Fitzpatrick has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2005-30-8946)
James D. Brame, Baltimore City – 1 affected property – On June 22, MDE issued an Administrative Complaint, Order and Penalty equaling $16,500 to James D. Brame for violating Maryland’s Lead Laws by failing register his property, and failure to bring the affected property into compliance with risk reduction standards. Status – James D. Brame has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-8707)
Wolda Michael Tesfa-Yohannes and Luchia Tesfa-Yohannes, Baltimore City – 1 affected property – On June 22, MDE issued an Administrative Complaint, Order and Penalty equaling $16,500 to Wolda Michael Tesfa-Yohannes and Luchia Tesfa-Yohannes for violating Maryland’s Lead Laws by failing register their property, and failure to bring the affected property into compliance with risk reduction standards. Status – Wolda Michael Tesfa-Yohannes and Luchia Tesfa-Yohannes have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-8776)
Nicole D. Riddick and Estate of Ida Riddick, Baltimore City – 2 affected properties – On June 30, MDE issued an Administrative Complaint, Order and Penalty equaling $16,500 to Nicole D. Riddick and Estate of Ida Riddick for violating Maryland’s Lead Laws by failing register their properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Nicole D. Riddick and Estate of Ida Riddick have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-8533)
Curtis Tremble, Baltimore City – 1 affected property – On June 27, MDE issued an Administrative Complaint, Order and Penalty equaling $16,500 to Curtis Tremble for violating Maryland’s Lead Laws by failing register his property, and failure to bring the affected property into compliance with risk reduction standards. Status – Curtis Tremble has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 02-30-5870)
Tuyen Van Nguyen, Baltimore City – 3 affected properties – On June 30, MDE issued an Administrative Complaint, Order and Penalty equaling $46,000 to Tuyen Van Nguyen for violating Maryland’s Lead Laws by failing register his properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Tuyen Van Nguyen has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2005-30-8568)
Dennis W. Johnson and Linda C. Johnson, Baltimore City – 3 affected properties – On June 30, MDE issued an Administrative Complaint, Order and Penalty equaling $20,000 to Dennis W. Johnson and Linda C. Johnson for violating Maryland’s Lead Laws by failing to bring the affected properties into compliance with risk reduction standards. Status – Dennis W. Johnson and Linda C. Johnson have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-8938)
CEW LLC and CE Realty LLC and Ephraim Weingarten, Baltimore City – 93 affected properties – On June 12, MDE signed a Settlement Agreement and Consent Order containing a Penalty equaling $6,000 with CEW LLC and CE Realty LLC and Ephraim Weingarten for violating Maryland’s Lead Laws by failing to bring the affected properties into compliance with risk reduction standards. The Agreement contains provisions requiring replacement of windows containing lead based paint and obtaining full risk reduction certificates. Status – An initial payment of $2,000 has been made. (Case Number 2005-30-8071)
Jerry M. Sheppard, Baltimore City – 9 affected properties – On June 15, MDE issued an Administrative Complaint, Order and Penalty equaling $27,500 to Jerry M. Sheppard for violating Maryland’s Lead Laws by failing to renew registrations for his properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Jerry M. Sheppard has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-8772)
Daryl Flood, Baltimore City – On June 16, MDE issued an Administrative Complaint, Order and Penalty equaling $6,000 to Daryl Flood for violating Maryland’s Lead Laws by exceeding his authority as a Lead Paint Visual Inspector in a lead risk reduction case. His Visual Inspector accreditation has been suspended for six months. Status – Daryl Flood has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-8848 and 2006-30-8880)
Harold K. Sanders, Baltimore City – 4 affected properties – On June 30, MDE issued an Administrative Complaint, Order and Penalty equaling $27,500 to Harold K. Sanders for violating Maryland’s Lead Laws by failing to register his properties, and failure to bring the affected properties into compliance with risk reduction standards. Status – Harold K. Sanders has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-8744)
Ronald E. D’Angelo, Baltimore City – 16 affected properties – On July 13, MDE issued an Administrative Complaint, Order and Penalty equaling $21,800 to Ronald E. D’Angelo for violating Maryland’s Lead Laws by failing to register his properties, and failing to bring the affected properties into compliance with risk reduction standards. Status – Ronald E. D’Angelo has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-8902)
The Trustees of the Frederick United Presbyterian Church, Frederick County – 1 affected property – On June 30, MDE issued an Administrative Complaint, Order and Penalty equaling $20,000 to The Trustees of the Frederick United Presbyterian Church for violating Maryland’s Lead Laws by failing to register their property, and failure to bring the affected property into compliance with risk reduction standards. Status – The Trustees of the Frederick United Presbyterian Church have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-10-8674)
Sebold’s Service Center, Garrett County – On June 15, MDE issued a Complaint, Order and Administrative Penalty equaling $6,700 to Sebold’s Service Center for violation of Maryland oil pollution laws. Status - Sebold’s Service Center 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-2006-004)
Monica Barnett and Peak Safety Systems, Inc., Montgomery County – On July 6, MDE issued an Administrative Complaint and Penalty equaling $10,000 to Monica Barnett and Peak Safety Systems, Inc. for violating Maryland’s Lead Laws by conducting Visual Inspector courses using an unaccredited instructor, and failing to issue training cards to students who had successfully completed its courses. Several accreditations for Monica Barnett and the training accreditation for Safety Systems, Inc. have been suspended. Status – Monica Barnett and Peak Safety Systems, Inc. have 10 days to request a hearing on the Complaint and 30 days to request a hearing on the Penalty. (Case Number 2006-16-8499)
Parklawn Auto Service Center LLC, Montgomery County – On June 15, MDE issued a Complaint, Order and Administrative Penalty equaling $60,000 to Parklawn Auto Service Center LLC for violation of Maryland oil pollution laws by allowing a discharge of liquid gasoline into a storm drain and a sanitary sewer pipe. Status - Parklawn Auto Service Center 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-2006-006)
Motiva Enterprises LLC, Montgomery County – On June 22, MDE issued a Complaint, Order and Administrative Penalty equaling $50,000 to Motiva Enterprises LLC for violation of Maryland oil pollution laws by allowing the leakage of gasoline over several months to the submersible pump containment sump which overflowed into backfill material. An investigation confirmed that gasoline had entered a storm drain, a sanitary sewer pipe and was detected floating on ground waters of the State. Status - Motiva Enterprises 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-2006-005)
Cummings Trucking, Prince George’s County – On June 16, MDE issued a Complaint, Order and Administrative Penalty equaling $7,000 to Cummings Trucking for violation of their Scrap Tire Hauler License by failing to submit required semi-annual reports. Status - Cummings Trucking 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-AP-06-ST-139)
Donatus A. Uzomah and Caroline E. Uzomah, Prince George’s County – 3 affected properties – On July 13, MDE issued an Administrative Complaint, Order and Penalty equaling $26,500 to Donatus A. Uzomah and Caroline E. Uzomah 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 – Donatus A. Uzomah and Caroline E. Uzomah have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2005-16-7894)
William A. Dehn, Sr. and Mary M. Dehn, Queen Anne’s County – 1 affected property – On July 13, MDE issued an Administrative Complaint, Order and Penalty equaling $21,400 to William A. Dehn, Sr. and Mary M. Dehn for violating Maryland’s Lead Laws by failing to register their property, and failing to bring the affected property into compliance with risk reduction standards. Status – William A. Dehn, Sr. and Mary M. Dehn have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-17-8362)
Water Management Administration
Safeway Inc., Queen Anne’s County - On June 29, 2006, MDE and Safeway Inc. finalized a Settlement Agreement to resolve the Administrative Complaint and Penalty issued by MDE on March 17, 2006. Under the terms of the Settlement Agreement, Safeway has paid $30,500 to the Maryland Sediment Fund for alleged sediment pollution, sediment control and water pollution control violations that occurred at the Safeway Store construction site located at 1912 Main Street in Chester, Maryland from October 2005 through January 2006 and in June of 2006. Status – Case closed. (Reference # MDE-WMA-063-06-19441).
Water and Sediment Pollution Penalties – Statewide
During the period June 15, 2006 to July 15, 2006, MDE collected an additional $ 7,970 to the Clean Water Fund in resolution of alleged water pollution violations from five facilities and $ 3,800 to the Sediment Fund in resolution of alleged sediment control violations at three construction sites.
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