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AIR AND RADIATION MANAGEMENT ADMINISTRATION
Royal Cleaners: Corrective Order & Proposed Penalty – Prince George’s County
On June 19, MDE issued a Corrective Order and a Proposed Civil Penalty in the amount of $700 to Royal Cleaners in District Heights, Maryland. This enforcement action is based on a Notice of Violation issued by MDE to Royal for failing to obtain an air permit for a new dry cleaning machine, and for failing to monitor and keep records of dry cleaning operations as required by state and federal regulations. Status: Royal has 10 days to appeal the Corrective Order and request a meeting on the proposed penalty. (Ref # AQCP 07-06-02 and ACP 07-09)
Outdoor Wood Boiler: Corrective Order Issued – Allegany County, On June 19, MDE issued a Corrective Order to the owner of an outdoor wood boiler (OWB) in Cumberland, requiring the owner to cease operation. MDE issued the Order after responding to several citizen complaints about heavy smoke and odors from the unit. OWBs can produce large amounts of dense smoke and nuisance odors. They are prohibited by air quality regulations from being constructed and operated in Maryland. Status: The owner has 10 days to appeal the Corrective Order. (Ref # AQCP 07-06-01)
Johns Hopkins Institutions – Baltimore City, On June 20, MDE issued a Complaint and Penalty in the amount of $18,900 to Johns Hopkins Institutions (JHI) for violations of regulations governing the possession and use of radioactive material. Specifically, JHI failed to secure sources of radiation against unauthorized removal or access from the place of storage, failed to timely report the loss or theft of radioactive material, and allowed transfer of radioactive material between authorized users without prior approval of JHI’s Radiation Control Unit. JHI has paid the penalty. Status: Case Closed. (Reference #RHP 06-06)
Constellation Energy - Perryman –Harford County, On June 26, MDE issued an Assessed Civil Penalty in the amount of $30,000 to Constellation Energy’s Perryman facility. The penalty addressed violations of the emission standard for nitrogen oxides (NOx). The Perryman facility is located in Harford County and consists of five gas-fired combustion turbines. The facility mainly operates during times of peak electrical demand. Based on Continuous Emission Monitor (CEM) data reported by the company, MDE determined that one of the combustion turbines violated the established NOx limit for 67 hours on twenty-six different days. Status: Constellation has 30 days to request a hearing to contest the penalty. (Ref # ACP 07-04A) Consent Decree: $100,000 Penalty and $100,000 SEP Received from Constellation Energy On July 2, MDE received a penalty payment of $100,000 from Constellation Energy, as required by a Consent Decree recently signed with MDE. The Consent Decree also requires Constellation to pay a SEP of $100,000 to the University of Maryland for carbon sequestration studies at the Blackwater refuge. Constellation has also paid the SEP. The Consent Decree addressed opacity exceedances at Constellation’s coal-fired utility boilers. In addition to the penalty and the SEP, the Consent Decree requires Constellation Energy to implement various measures to address opacity and particulate matter emissions. Status: Case Closed. (Reference # AQCP 070601)
The Center For Pain Management – Washington County, On July 10, MDE issued a Complaint, Order, and Penalty in the amount of $10,000 to The Center For Pain Management (TCPM) for violations of regulations governing the use of radiation machines. Specifically, TCPM failed to maintain radiation exposure as low as reasonably achievable, which resulted in a radiation exposure to an employee for calendar year 2006 that exceeded the annual radiation dose limit. Status: TCPM has 30 days to request a hearing. (Reference # RHP 07-06)
Maryland Regional Cancer Care – Montgomery County, On July 12, MDE issued a Complaint, Order and Penalty for $2,000 to Maryland Regional Cancer Care (MRCC) for violations of regulations governing the use of radiation machines. Specifically, MRCC allowed a patient to be irradiated with a teletherapy radiation dose prescribed for a different individual. Status: MRCC has 30 days to request a hearing. (Reference # RHP 07-07)
June 16, 2007 to June 30, 2007
Maurice S. and Georgan Kline, Baltimore City – 7 affected properties - On June 15, MDE signed a Settlement Agreement and Consent Order with Maurice S. and Georgan Kline that contained a penalty of $14,000 for violation of Maryland’s Lead Laws by failing to bring the affected properties into compliance with risk reduction standards. Status – The first installment of $7,000 has been paid. (Case Number 2006-30-9590)
Ruth Mayo, Baltimore City – 12 affected properties - On June 20, MDE signed a modification to a Settlement Agreement and Consent Order with Ruth Mayo that increased the penalty amount from $6,000 to $7,500 and extended the deadline for the completion of required lead abatement work at the affected properties until December 31, 2007. Status – The penalty has been paid. (Case Number 2006-30-9302)
George and Misty Minnick, Washington County – 1 affected property - On June 21, MDE issued an Administrative Complaint, Order, and Penalty equaling $17,000 to George and Misty Minnick for violation of Maryland’s Lead Laws by failing to register a property, and failure to bring the affected property into compliance with risk reduction standards. Status – George and Misty Minnick have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2007-21-9750)
Charles L. Wardell, Baltimore City – 3 affected properties – On June 21, MDE issued an Administrative Complaint, Order and Penalty equaling $11,000 to Charles L. Wardell for violating Maryland’s Lead Laws by failing to register properties, and failure bring the affected properties into compliance with risk reduction standards. Status – Charles L. Wardell has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2007-30-10220)
Paul J. and Rebecca A. Placek, Queen Anne’s County – 2 affected properties – On June 21, MDE issued an Administrative Complaint, Order and Penalty equaling $16,500 to Paul J. and Rebecca A. Placek for violating Maryland’s Lead Laws by failing register their properties, and failure to bring the affected property into compliance with risk reduction standards. Status – Paul J. and Rebecca A. Placek have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2007-17-9462)
Mark E. and Margaret A. Callahan, Queen Anne’s County – 10 affected properties - On June 21, MDE signed a Settlement Agreement and Consent Order with Mark E. and Margaret A. Callahan that contained a penalty of $6,000 for prior violation of Maryland’s Lead Laws that have been rectified. Status – The penalty has been paid. (Case Number 2006-17-9161)
S & S Venture, LLC, Washington County – 3 affected properties - On June 29, MDE signed a Settlement Agreement and Consent Order with S & S Venture, LLC that contained a penalty of $5,000 for violation of Maryland’s Lead Laws by failing to bring the affected properties into compliance with risk reduction standards. Status – The penalty has been paid. (Case Number 2006-21-9656)
Henry Bernie Jackson, Sr., Baltimore City – 3 affected properties - On June 29, MDE signed a Second Consent Decree with Henry Bernie Jackson, Sr. that revised the penalty amount to $50,000 and set up a payment schedule for violation of Maryland’s Lead Laws. Status – The first payment of $25,000 has been made. (Case Number 2003-30-6656)
Carroll L. and Shirley B. Rice, Carroll County – 1 affected property - On June 29, MDE issued an Administrative Complaint, Order, and Penalty equaling $13,500 to Carroll L. and Shirley B. Rice for violation of Maryland’s Lead Laws by failing to bring the affected property into compliance with risk reduction standards. Status – Carroll L. and Shirley B. Rice have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2007-06-9757)
WHM Investments, Inc., Baltimore City – 6 affected properties – On June 29, MDE issued an Administrative Complaint, Order and Penalty equaling $27,000 to WHM Investments, Inc. for violating Maryland’s Lead Laws by failing to register properties, and failure bring the affected properties into compliance with risk reduction standards. Status– WHM Investments, 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 2006-30-9988)
Artley Simon, Baltimore City – 1 affected property – On June 29, MDE issued an Notice of Violation with Penalty equaling $5,000 to Artley Simon for violating Maryland’s Lead Laws concerning lead paint abatement services. Status – Artley Simon has 20 days accept this offer of settlement by paying the penalty. Otherwise the matter will be referred to the Maryland Office of the Attorney General for appropriate legal action. (Case Number 2007-30-10623)
Romancoke Properties, LLC, Kent County – 1 affected property - On June 29, MDE signed a Settlement Agreement and Consent Order with Romancoke Properties that contained a penalty of $7,000 for prior violation of Maryland’s Lead Laws that have been rectified. Status – The penalty has been paid. (Case Number 2006-14-9160)
Anintita A. Vamasiri, Baltimore City – 10 affected properties – On July 5, MDE issued an Administrative Complaint, Order and Penalty equaling $27,500 to Anintita A. Vamasiri for violating Maryland’s Lead Laws by failing to register properties, and failure bring the affected properties into compliance with risk reduction standards. Status – Anintita A. Vamasiri has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2007-30-10218)
Witterman Investments, LLC, Baltimore City – 1 affected property – On July 10, MDE issued an Administrative Complaint, Order and Penalty equaling $17,000 to Witterman Investments, LLC for violating Maryland’s Lead Laws by failing to register a property, and failure bring the affected property into compliance with risk reduction standards. Status – Witterman Investments, 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 2007-30-10238)
Thurman and Betty Lambert, Baltimore City – 9 affected properties – On July 10, MDE issued an Administrative Complaint, Order and Penalty equaling $33,000 to Thurman and Betty Lambert for violating Maryland’s Lead Laws by failing to register properties, and failure bring the affected properties into compliance with risk reduction standards. Status – Thurman and Betty Lambert have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2007-30-10301)
Edward S. Scott, Kent County – 1 affected property – On July 10, MDE issued an Administrative Complaint, Order and Penalty equaling $35,000 to Edward S. Scott for violating Maryland’s Lead Laws by failing to register a property, and failure bring the affected property into compliance with risk reduction standards. Status – Edward S. Scott has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2007-14-9362)
Kolby Realty, LLC, Baltimore City – 6 affected properties – On July 10, MDE issued an Administrative Complaint, Order and Penalty equaling $22,500 to Kolby Realty, LLC for violating Maryland’s Lead Laws by failing to register properties, and failure bring the affected properties into compliance with risk reduction standards. Status – Kolby Realty, 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 2007-30-10184)
Theodore and Joyce Elder, Worcester County – 3 affected properties – On July 10, MDE issued an Administrative Complaint, Order and Penalty equaling $22,000 to Theodore and Joyce Elder for violating Maryland’s Lead Laws by failing to register properties, and failure bring the affected properties into compliance with risk reduction standards. Status – Theodore and Joyce Elder have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2007-23-9562)
WASTE MANAGEMENT ADMINISTRATION
Oil Control Cases
Gasmart of Frederick, Frederick County – On June 19, MDE issued an Complaint, Order and Administrative Penalty equaling $9,200 to Gasmart of Frederick for violations of Maryland’s oil pollution laws by failing to document release detection, and failure to obtain financial pollution insurance. Status – Gasmart of Frederick 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-2007-008)
Arrowhead Inc., Garrett County – On June 19, MDE issued an Complaint, Order and Administrative Penalty equaling $13,000 to Arrowhead Inc. for violations of Maryland’s oil pollution laws by failing to comply with several underground storage tank requirements. Status – Arrowhead 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-2007-006)
Petroleum Equipment, Inc., Kent County – On June 19, MDE issued an Complaint, Order and Administrative Penalty equaling $29,700 to Petroleum Equipment, Inc. for violations of Maryland’s oil pollution laws by failing to comply with numerous underground storage tank requirements. Status – Petroleum Equipment, 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-2007-005)
Consolidated Pharmaceutical Group, Inc., Anne Arundel County – On July 12, MDE issued a Complaint, Order and Administrative Penalty equaling $100,000 to Consolidated Pharmaceutical Group, Inc. (CPG) for violating Maryland’s Laws and regulations regarding Controlled Hazardous Substances. CPG owns property at 6110 Robinwood Road in Anne Arundel County. One building, known as the “Dosage Plant” is leased by CPG to American Antibiotics. A separate adjacent building known as the “Bulk Plant” is vacant, and has not been used for production since 1999. An inspection of the Bulk Plant found hundreds of containers with hazardous wastes and hazardous materials that were improperly stored so as to pose a threat to public health and the environment. Status – Consolidated Pharmaceutical Group, 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 C-O-08-001)
WATER MANAGEMENT ADMINISTRATION
Charles County Commissioners, Charles County – On July 10, 2007, MDE finalized an administrative consent agreement with Charles County regarding improvements to the Swan Point Wastewater Treatment Plant located in Issue, Maryland. Under the terms of the consent agreement, Charles County has agreed to complete construction and start up operations of a new wastewater treatment plant by December 31, 2007 that will provide Enhanced Nutrient Removal (ENR) capabilities. The consent agreement establishes interim performance standards for certain NPDES permit effluent limits and stipulated penalties for violations of milestones and effluent limits that occur during the pendency of the consent agreement.
Status: Case closed. (Reference # CO-08-0549).
Robert P. Floyd, III and Laura L. Floyd, Anne Arundel County – On June 8, 2007, the Office of the Attorney General filed, on behalf of MDE, a civil complaint in the Circuit Court for Anne Arundel County against Defendants Robert and Laura Floyd, seeking injunctive relief to require the Floyds to comply with the requirements of a tidal wetlands license issued for a sand fill area on their property located at 713 Harness Creek View Road, Annapolis, Maryland. MDE requests the Court issue an order requiring Defendants plant the entire nonvegetated sand fill area in accordance with the license within 15 days with appropriate species of marsh vegetation and maintain at least 85% of the vegetative cover for a period of no less than 3 years. Status: Case pending opportunity for appeal. (Reference #C-07-123188).
Brickyard Land Holding, LLC, Kent County – On July 9, 2007, the Office of the Attorney General, on behalf of MDE, filed a civil complaint in the Circuit Court for Kent County against Defendant Brickyard Land Holding, LLC, for violations of Maryland’s tidal wetlands, waterway construction, sediment control and sediment pollution laws at property located at 100 Brickyard Road in Chestertown, Maryland. MDE is seeking injunctive relief requiring Defendant to stop all earth moving activities at the property and restore the site.
Status: Case pending opportunity for appeal. (Reference # 14-C-07-007-172).
Shahi International Investments, Inc., Caroline County – On July 13, 2007, MDE filed an administrative complaint, order and penalty against Defendant Shahi International Investments, Inc. regarding violations of water pollution control laws at the Cedar Mobile Home Wastewater Treatment Plant located at 18240 Lepore Road in Marydel, Maryland. The order requires the owner submit a detailed compliance plan for review and approval within 20 days describing the actions to be taken to correct NPDES permit effluent limitations, monitoring and reporting violations. An administrative penalty of $45,000 has been assessed in this case.
Status: Case pending opportunity for appeal. (Reference # AO-07-0533).
Dorchester County, Maryland – On July 12, 2007, the Office of the Attorney General, on behalf of MDE, filed a civil complaint for injunctive relief in the Circuit Court of Dorchester County against Dorchester County for violations of water pollution control laws at the former New Earth Services, Inc. Composting Facility located on Galligher Farm Road near Hurlock, Maryland. The action seeks injunctive relief to require Dorchester County to comply with a final administrative order and approved closure plan that required clean up and restoration of all composting operations at the site by July 1, 2007. The action requests the court issue an order requiring the County to immediately remove all compost and vegetatively stabilize the site. Status: Case pending opportunity for appeal. (Reference # 09-C-07-015-159).
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