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AIR AND RADIATION MANAGEMENT ADMINISTRATION
Mallinckrodt, Inc. – Prince George’s County- On March 26, MDE issued a Complaint and Penalty in the amount of $5,900 to Mallinckrodt for violations of regulations governing the possession and use of radioactive material. Among other violations, the licensee failed to control ingress and egress of an unrestricted area and failed to maintain constant surveillance of licensed radioactive material located in this area. This and other violations resulted from failure to adequately supervise and coordinate licensed activities. Status: Mallinckrodt has 30 days to request a hearing. (Reference #RHP 06-11)
Perdue – Wicomico County - On March 27, MDE received payment of $17,000 from Perdue to address violations of air quality regulations at their Salisbury plant. MDE issued a Notice of Assessed Civil Penalty to Perdue for failure to comply with several requirements contained in their Title V 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: Case Closed. (Reference #ACP 06-08A)
Panda Brandywine – Prince George’s County - On April 10, MDE received payment of $25,000 from Panda Brandywine as required by a recently-signed Consent Order. The Order addressed NOx violations at Panda’s electric generating station. In addition to the $25,000 penalty, the Consent Order requires Panda to determine by May 31 the cause of the exceedances and to achieve and maintain compliance. Panda is required to submit monthly status reports on their progress under the Consent Order. Panda Brandywine operates an electric generating station in Prince George’s County consisting of two combustion turbines rated at 84 megawatts each burning natural gas. The facility operates as a peaking unit, operating on high demand days. Turbines fueled by natural gas produce significantly less air pollution than coal-fired generators. Status: Case Closed. (Reference #AQCP 070322)
Frederick Waste Water Treatment Plant (FWWTP): Corrective Order Issued - On April 10, MDE issued a Corrective Order to the Frederick City Waste Water Treatment Plant (FWWTP) in response to a release of 400 pounds of chlorine that resulted in the evacuation of workers and nearby residents. The FWWTP attributed the release to operator error. The Order requires the FWWTP to submit a written plan to MDE for approval. The plan must provide preventative measures that will be implemented as standard operating procedures in the future. Status: FWWTP has 10 days to appeal the Order. (Reference #AQCP 070410)
WASTE MANAGEMENT ADMINISTRATION
Sharon Fisher and the Estate of Gertrude Fitzpatrick, Baltimore City – 4 affected properties – On March 19, MDE issued an Administrative Complaint, Order and Penalty equaling $16,500 to Sharon Fisher and the Estate of Gertrude Fitzpatrick 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 – Sharon Fisher and the Estate of Gertrude Fitzpatrick have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-8946)
Carroll Wilkerson, Harford County – On March 19, MDE issued an Complaint, Order and Penalty equaling $50,000 to Carroll Wilkerson for violating Maryland’s laws and regulations concerning solid waste management by engaging in open dumping and burning of solid waste on his property. Status – Carroll Wilkerson 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-253)
NUA, LLC and Joellen Walshe, Baltimore City – 1 affected property - On March 21, MDE issued an Administrative Complaint, Order and Penalty equaling $21,000 to NUA, LLC and Joellen Walshe 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 – NUA, LLC and Joellen Walshe have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9731)
Gary S. Hunter, Baltimore City – 3 affected properties – On March 21, MDE issued an Administrative Complaint, Order and Penalty equaling $24,000 to Gary S. Hunter 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 – Gary S. Hunter has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9738)
Charles Dantzler, Baltimore City – 1 affected property – On March 27, MDE issued an Administrative Complaint, Order and Penalty equaling $21,000 to Charles Dantzler for violation of Maryland’s Lead Laws by failing to register his property, and failure to bring the affected property into compliance with risk reduction standards. Status – Charles Dantzler has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9906)
Glade F. Flake and Joan A. Flake, Anne Arundel County – 1 affected property - On March 30, MDE issued an Administrative Complaint, Order and Penalty equaling $30,000 to Glade F. Flake and Joan A. Flake 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 – Glade F. Flake and Joan A. Flake have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-02-9333)
Michael J. Bock, Wicomico County – 1 affected property – On March 30, MDE issued an Administrative Complaint, Order and Penalty equaling $22,500 to Michael J. Bock for violation of Maryland’s Lead Laws by failing to register his property, and failure to bring the affected property into compliance with risk reduction standards. Status – Michael J. Bock has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-22-9061)
Jarvis Steel and Lumber Company, Baltimore City – On April 2, MDE issued a Notice of Violation to Jarvis Steel and Lumber Company for violation of Maryland’s Laws and Regulations concerning Controlled Hazardous Substances (CHS). Several containers of CHS were found being improperly accumulated and stored at the facility. The Notice contained a civil penalty in the amount of $10,000. Status – If the penalty is not paid in 20 days, the matter will be referred to the Office of the Attorney General for possible action. (Case Number NOV-07-029)
Monroe J, Smith, Jr. and Sylvia Smith, Dorchester County – 29 affected properties – On April 5, MDE issued an Administrative Complaint, Order and Penalty equaling $75,000 to Monroe J, Smith, Jr. and Sylvia Smith 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 – Monroe J, Smith, Jr. and Sylvia Smith have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2007-09-9360)
Petroleum Management, Inc., Prince George’s County – On April 5, MDE issued a Notice of Violation to Petroleum Management, Inc. for violation of Maryland’s Laws and Regulations concerning Oil Pollution Control. The Notice contained a civil penalty in the amount of $5,000. Status – If the penalty is not paid in 20 days, the matter will be referred to the Office of the Attorney General for possible action. (Case Number NV-2007-520P)
WATER MANAGEMENT ADMINISTRATION
New Earth Services, Inc., Dorchester County – On March 9, 2007, MDE issued an invoice to New Earth Services, Inc. (NES) for payment of the $70,000 civil penalty ordered by the Circuit Court of Dorchester County on December 21, 2006 which granted MDE’s Motion for Summary Judgment filed on November 29, 2006 for water pollution violations at the former NES composting site. The penalty is now due as NES did not appeal the court’s decision. Status: Case pending. (Reference Civil Case # 09-C-05-013785IJ).
Water and Sediment Pollution Penalties – Statewide
During the period March 15, 2007 to April 15, 2007, MDE collected an additional $11,160 to the Maryland Clean Water Fund in resolution of alleged water pollution violations from four facilities and $20,850 to the Maryland Sediment Fund in resolution of alleged sediment control and sediment pollution violations from four sites.
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