|
AIR AND RADIATION MANAGEMENT ADMINISTRATION
Gas Station Air Pollution Violations - On May 22, MDE issued twenty-four enforcement actions for air pollution violations at gas stations. The actions each include a Proposed Civil Penalty and a Corrective Order if required. The proposed penalties range from $2,000 to $7,400. The actions address various violations of gas station air pollution regulations, including failure to test, failure to provide test results, failure to train workers, failure to keep records, and failure to post signs. Proper operation and maintenance of air pollution control equipment at gas stations is an important component of Maryland’s State Implementation Plan for reducing hydrocarbon emissions to address ground-level ozone exceedances. Status: The gas stations have 10 days to appeal the Corrective Orders and request a meeting on the Proposed Penalties.
PEMCO Corporation , Baltimore City - On May 18, MDE issued an “Opportunity to Settle” letter to PEMCO Corporation. The Opportunity to Settle letter addresses violations of the facility’s air quality operating permit and Maryland’s ambient air quality standard for fluoride. The violations include twenty-one incidences when the fluoride standard were exceeded during two vegetative samplings performed in the summer of 2006 in the neighborhoods around their Baltimore City facility.
The violations occurred at PEMCO’s frit manufacturing plant in east Baltimore. Frit is used in the manufacture of glass and glass-related products. Fluorides are emitted as a by-product of the process and must be controlled. Flourides are absorbed by vegetation. PEMCO is required to test local vegetation periodically for fluorides. Tested levels must comply with limits contained in air quality regulations. In PEMCO’s most recent round of testing, numerous limits were exceeded due to poor maintenance of their air pollution control equipment.
MDE has also determined that PEMCO violated their air quality operating permit when they failed to correctly submit their annual compliance certification report to MDE, failed to perform their monthly visible emission observations during December 2006, and failed to maintain an operation and maintenance plan for their air pollution control equipment servicing the eight smelters. The Opportunity to Settle letter provides PEMCO with an opportunity to discuss settlement of the violations, including achieving compliance and a penalty. Status: PEMCO has 20 days to respond to MDE. (Reference # AQCP 0705 18)
Samir R. Neimat, M.D. , Montgomery County - On June 1, MDE issued a Complaint and Penalty in the amount of $15,000 to Samir R. Neimat, M.D. for violations of regulations governing the possession and use of radioactive material. Dr. Neimat received, possessed, used, and transferred radioactive material without authorization, and without obtaining a specific license for medical use of radioactive material. Status: Dr. Neimat has 30 days to request a hearing. (Reference # RHP 07-01)
Bitumar USA, Inc. , Anne Arundel County - On June 1, MDE issued a Corrective Order and a Notice of Proposed Civil Penalty in the amount of $43,750 to Bitumar for violations of air quality requirements. The violations include: venting of uncontrolled emissions to the atmosphere, failing to record air pollution control device temperatures, and creating an air pollution nuisance. The Order requires that Bitumar submit a plan within thirty days to repair the tank venting system.
Bitumar owns and operates a paving and roofing asphalt products plant in northern Anne Arundel County near the Baltimore City line in the Curtis Bay area. During an inspection, ARMA determined that the Company violated one of the requirements in its permit by failing to vent exhaust gases from its asphalt storage tanks to a control device. MDE also determined that Bitumar failed to keep temperature records of its air pollution control devices and that Bitumar created an air pollution nuisance due to the asphalt storage tank vent emissions.
The Company stated that due to a potential explosion hazard, the decision was made to disconnect part of the air pollution control system. The system has since been redesigned and parts secured for the upgrade. One of the storage tanks needs to be replaced, and once this task is completed, the air pollution control system will be back in service. Status: Bitumar has 10 days to request a meeting on the penalty and appeal the Order. (Reference # ACP 07-06 and 07-03-01)
Assessed Penalty Issued: Ray Miller Open Burning Case, Garrett County - On June 11, MDE issued a Notice of Assessed Civil Penalty in the amount of $500 to Mr. Ray Miller for violations of open burning regulations. MDE previously issued a Notice of Proposed Civil Penalty, but Mr. Miller did not respond.
MDE worked with the Garrett County Health Department on this case. The Open Burning Program is administered by the counties, with MDE providing backup support and enforcement as needed.
In this case, Garrett County responded to a complaint regarding open burning on a farm. At the site, the County determined that the farm owner was burning without a permit and was burning materials that created dense smoke and a nuisance, violating open burning requirements. When advised by the County that the open burning was illegal, the farm owner responded by throwing more material on the fire, requiring the Fire Department to be called to extinguish the fire. The County had also previously notified the farmer that he was not allowed to burn the materials. Status: Ray Miller has 30 days to request a hearing. (Reference # ACP 06-06A)
A & I, Inc., Prince George’s County - On June 11, MDE received a penalty payment of $750 from A&I, as required by a Consent Order signed with MDE. The Consent Order addresses six violations of asbestos regulations at Martin Luther King Middle School. The violations occurred during an asbestos removal project conducted by A&I Contractors in the school’s boiler room.
The Order requires payment of a $7,500 penalty over 10 months. In addition to the penalty, the Order also requires A&I to send supervisors to attend asbestos training. This enforcement action began during a routine MDE inspection of an asbestos removal project at the school. Violations include failure to properly wet the job site, improper handling of asbestos waste, and failure of workers to wear proper protective gear. A&I has been a Maryland asbestos licensed contractor since 1986. MDE previously brought an enforcement action against the Company in 2002 for asbestos violations. Status: Case Closed. (Reference # AQCP 070514)
WASTE MANAGEMENT ADMINISTRATION
Jonathan Wade, Baltimore City – 7 affected properties - On June 5, MDE issued an Administrative Complaint, Order, and Penalty equaling $16,200 to Jonathan Wade 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 – Jonathan Wade has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2007-30-10134)
Dominion Property Management and Hyacinth and Rose Ezeka, Baltimore City – 21 affected properties - On June 5, MDE issued an Administrative Complaint, Order, and Penalty equaling $40,000 to Dominion Property Management and Hyacinth and Rose Ezeka 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 – Dominion Property Management and Hyacinth and Rose Ezeka have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2005-30-8002)
Patterson Park Community Development Corporation, Baltimore City – 172 affected properties – On June 5, MDE issued an Administrative Complaint, Order and Penalty equaling $40,000 to Patterson Park Community Development Corporation for violating Maryland’s Lead Laws by failing to bring the affected properties into compliance with risk reduction standards. Status – Patterson Park Community Development Corporation has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9994)
Anita Germershausen, Baltimore City – 37 affected properties – On June 8, MDE issued an Administrative Complaint, Order and Penalty equaling $45,000 to Anita Germershausen for violating Maryland’s Lead Laws by failing to bring the affected properties into compliance with risk reduction standards. Status – Anita Germershausen has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9541)
WATER MANAGEMENT ADMINISTRATION
Bardon, Inc., Prince George’s County – On May 10, 2007, Bardon, Inc. paid $125,000 to the Maryland Sediment Fund to resolve alleged sediment pollution, surface mining and water pollution violations at the Aggregates Industries’ Accokeek Road and Queen Property surface mining sites in Prince George’s County. Status: Case closed. (Reference Case # PS-07-0472).
Emmitsburg Limited Partnership & Maryland Treatment Centers, Inc., Frederick County – On June 1, 2007, MDE finalized an administrative Consent Agreement with Emmitsburg Limited Partnership and Maryland Treatment Centers, Inc. (Owner/Operator) requiring improvements to the Mountain Manor Treatment Center’s failed septic system located on 9701 Keysville Road, Emmitsburg, Maryland. Under the terms of the Consent Order, the Owner/Operator are required to pump and haul wastewater for offsite disposal until connection of the system to the Mt. St. Mary’s College wastewater treatment system is completed within two years. Status: Case closed. (Reference Case # CA-07-0505).
Environmental Alternatives Recycling, LLC, Baltimore City - On May 21, 2007, MDE and Environmental Alternatives Recycling, LLC, a materials recovery facility located at 1030 Edison Highway, Baltimore, finalized an administrative consent order requiring implementation of a storm water pollution prevention plan to comply with the provisions of the facility’s NPDES General Industrial Stormwater Permit. Under the terms of the Consent Order, the facility has implemented a pollution prevention plan and has paid $4,000 to the Maryland Clean Water Fund to resolve the matter. Status: Case closed. (Reference # CO-07-0494).
Hertrich Properties III, LLC & Gregory D. Bee, Caroline County –On April 18, 2007, MDE issued a Civil Complaint for Injunctive Relief and Civil Penalties in the Circuit Court for Caroline County against Hertrich Properties III, LLC and Gregory D. Bee (Defendants) for alleged violations of nontidal wetlands laws at property owned by Hertrich located at White Road near Federalsburg, Maryland. The injunction seeks restoration of approximately 50 acres of forested nontidal wetlands and civil penalties of up to $10,000 per day. The Defendants have appealed the action. Status: Case pending. (Reference Case # 05-C-07-011072).
Queen’s Landing Marina LLC, Queen Anne’s County – On April 27, 2007, MDE finalized an administrative Settlement Agreement with Queen’s Landing Marina, LLC to resolve alleged tidal wetlands violations at the Marina located in Chester, Maryland that included construction of a deck, boat lifts, piers and pilings without approval. Under the terms of the Settlement Agreement, Queens Landing Marina, LLC has paid $10,000 to the Tidal Wetlands Compensation Fund to resolve the matter. Status: Case closed. (Reference Case # SA-07-0498).
Randall G. Williams, Anne Arundel County – On June 11, 2007, MDE finalized an administrative Consent Order with Randall G. Williams to resolve alleged tidal wetlands violations resulting from the reconstruction of an existing boathouse on the Williams’ property in a size and location that is different from the original structure and without first applying for and obtaining a license under the Tidal Wetlands Act. Under the terms of the Consent Order, Mr. Williams is required, by no later than July 31, 2007, to lower the roof of the boathouse by four feet so that no portion is higher than 12 feet in height and that after the roof is lowered, Mr. Williams may not increase the height, width, length or channelward encroachment of the boathouse. Status: Case closed. (Reference Case # CO-07-0518).
Water and Sediment Pollution Penalties – Statewide
The period May 15, 2007 – June 15, 2007, MDE collected an additional $13,850 to the Maryland Clean Water Fund in resolution of alleged water pollution violations from eight facilities and $3,800 to the Maryland Sediment Fund in resolution of alleged sediment control and sediment pollution violations from one site.
> Back
to Issue Cover
|
