AIR AND RADIATION MANAGEMENT ADMINISTRATION
Mirant Consent Decree - On October 10, MDE received a payment of $75,000 from Mirant to address violations of air quality regulations. MDE and the Company signed a Consent Order in October that required the Company to pay the penalty within 30 days. The Consent Decree also requires Mirant to reduce NOx, SOx, and particulate matter emissions from Chalk Point Units 3 and 4 by converting to natural gas during the summer ozone season and by implementing a number of other improvements. The Decree also tightens emissions standards for opacity, particulate matter, and SOx, and requires testing of the units for compliance with air emissions standards. Status: Case Closed. (Reference #AQCP 060911)
ISG Sparrows Point (aka Mittal Steel) (formerly Bethlehem Steel) – Baltimore County - On November 3, MDE received a payment of $50,000 from ISG Sparrows Point as a settlement for air pollution violations at their Sparrows Point plant. In addition to the $50,000 paid to MDE, ISG will also pay $25,000 as a Supplemental Environmental Project to the University of Maryland Hospital for Children for their Breathmobile.The payments are part of a Consent Order signed between MDE and ISG in October. The Order addressed violations of Volatile Organic Compound (VOC) emissions standards at the sinter plant and violations of monitoring and recordkeeping requirements of their air quality permit.
Status: Case Closed. (Reference #AQCP 061006)
Lafarge North America- Frederick County -On November 8, MDE issued a Corrective Order and a Notice of Proposed Civil Penalty in the amount of $22,500 to Lafarge North America. The penalty is for failing to take reasonable precautions to control dust emissions at its Frederick quarry. Lafarge operates a crushing and screening operation in Frederick and has an air permit that requires reasonable precautions to be used to prevent airborne dust. MDE has received a number of citizen complaints about airborne dust from the quarry’s operations. MDE issued nine Notices of Violation to Lafarge since 2005 for failure to control dust emissions. MDE has met with Lafarge on several occasions to discuss the dust situation but the violations have not been addressed. Status: Lafarge has 10 days to appeal the Corrective Order and request a meeting on the penalty. (Reference #AQCP 06-09-01 and ACP 06-15)
WASTE MANAGEMENT ADMINISTRATION
Jeannie Johnson, Baltimore City – 2 affected properties – On October 19, MDE issued an Administrative Complaint, Order and Penalty equaling $13,250 to Jeannie Johnson 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 – Jeannie Johnson has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9469)
Bay Associates Environmental, Inc., Anne Arundel County – On October 18, MDE issued a Complaint, Order and Administrative Penalty equaling $50,000 to Bay Associates Environmental, Inc. for violating Maryland’s Laws and regulations regarding Controlled Hazardous Substances (CHS), Solid Waste Management and Water Pollution Control. An inspection of property leased by Bay Associates at the north east corner of the Walt Eger Service Center located in Severn found numerous containers including drums with various wastes including paints, acidic and alkaline cleaners, liquid drain cleaner, solvents, and
other compounds, some unknown. Testing of three chemicals found that they are CHS either because of ignitability or corrosivity. The Complaint states that Bay Associates Environmental transported CHS without an EPA identification number,received CHS at their site without a CHS Facility permit, and operated a Refuse Disposal System without a Refuse Disposal Permit. Status – Bay Associates Environmental, Inc has 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-07-008)
Board of Childcare, Baltimore City, Chase Communities, Bethesda, and Tysons Corner Mall, McLean Virginia – On October 18, MDE issued Notices of Violation containing penalties equaling $5,000 each to the Board of Childcare, Chase Communities, and Tysons Corner Mall for violating Maryland’s Laws and regulations regarding Controlled Hazardous Substances (CHS). CHS generated by these companies were found at the Bay Associates Environmental property discussed above. An investigation revealed that these companies failed to conduct hazardous waste determinations for their wastes, offered CHS for transportation without proper identification of the wastes, and was in violation of many requirements for proper disposal of CHS. Status – Board of Childcare, Chase Communities, and Tysons Corner Mall have 20 days to pay the proposed settlement penalty amounts. If not paid, the matter will be referred to the Office of the Attorney General for possible action. (Case Numbers NOV-07-009, NOV-07-010, and NOV-07-011)
Melissa Russell-Martz and Paul W. Martz, Baltimore City – 1 affected property – On October 24, MDE issued an Administrative Complaint, Order and Penalty equaling $53,650 to Melissa Russell-Martz and Paul W. Martz 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 – Melissa Russell-Martz and Paul W. Martz have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Cases Number 2006-30-9257)
Frankie M. Geisbert, Baltimore City – 1 affected property - On October 24, MDE issued a Administrative Complaint, Order and Penalty equaling $17,000 to Frankie M. Geisbert for violating Maryland’s Lead Laws by failing to register a property and failing to bring the affected property into compliance with risk reduction standards. Status – Frankie M. Geisbert has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2003-30-9428)
Certified Storage & Disposal, LLC, Baltimore City – On October 27, MDE issued a Administrative Complaint, Order and Penalty equaling $50,000 to Certified Storage & Disposal, LLC for violation of Maryland Solid Waste laws and regulations by operating a solid waste processing facility without the required Refuse Disposal Permit. Status – Certified Storage & Disposal, 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 C-O-AP-SW-116)
Walter Hughson and Rosemarie Hughson, Allegany County – 1 affected property – On October 30, MDE issued an Administrative Complaint, Order and Penalty equaling $16,500 to Walter Hughson and Rosemarie Hughson 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 – Walter Hughson and Rosemarie Hughson have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-01-8751)
Zephaniah and Lorine Beckford, Baltimore City – 7 affected properties – On October 31, MDE issued an Administrative Complaint, Order and Penalty equaling $58,500 to Zephaniah and Lorine Beckford for violating Maryland’s Lead Laws by failing to register their properties and failure to bring the affected properties into compliance with risk reduction standards. Status – Zephaniah and Lorine Beckford have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9373)
N.N.M., Inc., Dorchester County – On November9, MDE issued a Complaint, Order and Administrative Penalty equaling $30,000 to N.N.M., Inc. for violating Maryland’s oil pollution laws by operating three 10,000 gallon gasoline and one 4,000 gallon kerosene underground storage tanks at a gasoline station located at 501 Bayly Road in Dorchester County without meeting many of the legal requirements for proper operation and monitoring. Status – N.N.M., 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 COV-OCP-2007-002)
Chirgott Homes, LLC, et al, Baltimore City – 7 affected properties – On November 9, MDE entered into a Settlement Agreement and Consent Order with Chirgott Homes, LLC, et al. The agreement contains a penalty equaling $5,000 for prior violations of Maryland’s Lead Laws, and requires Chirgott Homes, LLC, et al to ensure that all properties are brought into compliance with lead risk reduction standards. Status – Chirgott Homes, LLC, et al have made the first scheduled payment on the Penalty. (Case Number 2006-30-5878)
WATER MANAGEMENT ADMINISTRATION
Allegany County Commissioners, Allegany County Sanitary District, Inc. – On October 26, 2006, MDE and Allegany County finalized an administrative Consent Order regarding improvements to the Bedford Road and Jennings Run/Wills Creek Sanitary Sewer Systems to eliminate sanitary sewer overflows (SSOs). Under the terms of the Consent Order, Allegany County has agreed to complete improvements to the sewer collection system by April 30, 2012 and eliminate constructed overflow points at the Mill Run and Ioka pump stations. Post rehabilitation monitoring and elimination of additional SSO overflow points is also required. The County is also required to limit new connections to the sewer system in this area and to implement a Capacity Management Operation and Maintenance (CMOM) Program for each of its sewer systems by November 30, 2008. Allegany County has also agreed to pay $10,000 to the Clean Water Fund and to perform an approved supplemental environmental project (SEP) in the amount of $160,000 to resolve past SSOs and has agreed to pay stipulated penalties for future SSOs until corrective actions have been completed.
Status: Case closed. (Reference #CO-07-0395).
Columbia Union College Incorporated, Montgomery County – On October 16, 2006, MDE and Columbia Union College (CUC) finalized an administrative Consent Order that resolved violations alleged in MDE’s Complaint and Order filed on March 13, 2006 for water pollution violations. Under the terms of the Consent Order, CUC has agreed to pay to the Clean Water Fund a penalty of $21,000 and to implement an approved corrective action plan to eliminate unauthorized discharges from its swimming pool and physical plant buildings.
Status: Case closed. (Reference #CO-07-0405).
Lehigh Cement Company, Carroll County –On November 13, 2006, MDE and Lehigh Cement Company finalized an administrative Complaint and Consent Order that resolved water pollution violations at the Lehigh Cement Company’s Union Bridge and New Windsor quarry operations. Under the terms of the Consent Order, Lehigh has agreed to resolve past violations of the self-monitoring, reporting and effluent limitation requirements of the State Discharge Permits issued for both quarries by paying $35,000 to the Maryland Clean Water Fund. The company is also required to submit to MDE for review and approval a report describing the corrective actions implemented, completed and proposed to ensure continued compliance with the discharge permits and to obtain wastewater operator certification for the wastewater treatment system at the Union Bridge quarry. Status: Case closed. (Reference #CO-07-0400).
Water and Sediment Pollution Penalties – Statewide
During the period October 15, 2006 to November 15, 2006, MDE collected an additional $7,700 to the Maryland Clean Water Fund in resolution of alleged water pollution violations from four facilities and $6,000 to the Maryland Sediment Fund in resolution of alleged sediment control and sediment pollution violations from one site.
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