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Maryland Department of the Environment
Media Contact
Kim Lamphier or Jay Apperson
(410) 537-3003
Department of Environment Issues 28 Enforcement Actions
Agency Seeks More Than $600,000 in Penalties for Alleged Violations of Water, Air, and Land Regulations
BALTIMORE, MD (March 31, 2010) – The Maryland Department of the Environment today announced 28 recent major enforcement actions seeking penalties totaling $637,040 for alleged violations of MDE requirements for water, air and radiation management, and land.
“The Maryland Department of the Environment’s top priority is to protect public health and our environment,” said MDE Secretary Shari T. Wilson. “A consistent baseline of enforcement actions, which we are publicizing widely, prevents further risks to public health and air, land, and water pollution by deterring future violations.”
Water Pollution Enforcement Actions
State law requires that, prior to performing construction activity, a person obtain and implement a Soil Conservation District-approved erosion and sediment control plan for any proposed land clearing or earth disturbance greater than 5,000 square feet that must be maintained for the life of the project. It is unlawful for any person to introduce soil or sediment into waters of the State or to place soil or sediment in a condition or location where it is likely to be washed into waters of the State.
State law requires that a person hold a State Discharge Permit before it may construct, install, modify, extend, alter, or operate any outlet or establishment that may discharge pollutants to waters of the State, including surface waters, groundwaters and wetlands. Discharge permits are issued to many different types of establishments such as industrial and commercial operations, sewage treatment plants, animal feeding operations, and construction sites. Discharge permits typically include permittee self-monitoring and reporting requirements as well as operational restrictions, best management practices, and effluent limitations for discharges from the site to prevent violations of water quality standards in the receiving waters and adverse impact to aquatic resources and public health.
Wagman-Corman-McClean, Joint Venture – Baltimore County: On February 26, 2010, Wagman-Corman-McClean, Joint Venture, paid a penalty of $10,000 to the Sediment Control Fund for alleged failure to implement and maintain the erosion and sediment control plan resulting in a discharge of sediment to waters of the State.
Chesterfield Farms, LLC – Gambrills, Anne Arundel County: On January 29, 2010, MDE executed a Consent Order, Settlement Agreement, and Promissory and Confessed Judgment Note for alleged violations of the general permit for stormwater discharges associated with industrial activity and ongoing unauthorized discharges of pollutants to groundwater. The Agreement requires that Chesterfield Farms, LLC pay a penalty of $25,000 to the Maryland Clean Water Fund.
Poolservice Company – Montgomery County: On January 4, 2010, Poolservice Company paid a penalty of $7,000 to the Maryland Clean Water Fund to settle alleged water pollution and sediment control and pollution violations. Poolservice allegedly discharged chlorinated pool wastewater to waters of the state and failed to obtain an approved erosion and sediment control plan resulting in a discharge of sediment to waters of the state.
State laws require that property owners notify MDE before conducting any work in tidal and nontidal wetlands, their buffers, and waterways of the State. MDE assesses the impact of any work on tidal and nontidal wetlands and, if appropriate, will issue a permit authorizing the work. The regulations governing wetlands were developed to protect the State’s natural resources that depend on those wetlands and minimize impacts while allowing property owners reasonable use of their property.
David Dalo, Linda Dalo, and Roscoe Brown – Anne Arundel County: On January 11, 2010, MDE executed a Consent Decree with David Dalo, Linda Dalo, and Roscoe Brown to settle nontidal wetlands violations. The Consent Decree requires the restoration of 5,000 square feet of forested nontidal wetlands and the placement of the nontidal wetlands into a Declaration of Restrictive Covenant. The Covenant prohibits the filling, grading, or clearing of nontidal wetlands at the property. The Consent Decree includes a penalty of $15,900 to the Nontidal Wetlands Compensation Fund to be paid by the Dalos and a penalty of $1,200 to be paid by Brown (the contractor).
Javit Ersoy – Calvert County: On February 26, 2010, MDE executed a Settlement Agreement with Javit Ersoy. Ersoy allegedly exceeded the permitted dimensions of a boathouse, which has been brought into the compliant dimensions. The Agreement includes a penalty of $2,940 to the Tidal Wetlands Compensation Fund.
State law requires that any activity involving earth disturbance over one acre requires a general permit for stormwater discharges associated with construction activity. This permit requires the implementation of an approved erosion and sediment control plan prior to performing earth grading operations as well as self-monitoring inspections of the erosion and sediment controls.
Marrick Properties – Saint Mary’s County: On January 25, 2010, MDE executed a settlement agreement for alleged violations of the general permit for stormwater discharges associated with construction activity, failure to implement and maintain the erosion and sediment controls of the Soil Conservation District-approved erosion and sediment control plan, and introducing soil or sediment into waters of the state. Marrick Properties paid a penalty of $45,000 to the Maryland Sediment Fund and $5,000 to the Maryland Clean Water Fund.
Air Pollution Enforcement Actions
MDE’s Air and Radiation Management Administration carries out mandates from the Federal Clean Air Act as well as Maryland’s air pollution control laws and administers air pollution monitoring, planning, and control programs to improve and maintain air quality. The Department also administers a radiation control program in conformance with federal and state law.
Mann-Pak Corporation – Baltimore City: On February 18, 2010, the Mann-Pak Corporation signed a Settlement Agreement with MDE requiring a $5,000 penalty for alleged violations including failure to conduct leak inspections for volatile organic compounds at its printing facility.
Radiation Enforcement Actions
Users of technologies that employ radiation, such as medical and industrial X-ray equipment and devices that contain radioactive material, must meet strict requirements to protect public health. These requirements detail various performance requirements for X-ray machines, precautions for staff who operate the machines and devices, licensing of the sources of the materials used, and documentation.
Fairfax Cardiac Imaging - Hanover, Anne Arundel County: On March 3, 2010, MDE issued a Complaint and Administrative Penalty for $50,000 for alleged violations of Maryland regulations for the control of ionizing radiation from the use of radioactive materials (radioisotopes).
Land Pollution Enforcement Actions
Oil Control Cases
The Oil Control Program has highly trained staff to help companies and individuals ensure that their Underground Storage Tanks (USTs) are in compliance with State and federal regulations. All regulated USTs within Maryland are required to be registered through the Underground Storage Tank Notification Program. All USTs storing motor fuels (e.g., gasoline, diesel) must meet specific technical standards (corrosion protection, spill/overfill prevention, leak detection and financial responsibility) or be removed from the ground.
Machado Construction Company, Inc. – Baltimore, Baltimore County: On February 17, 2010, MDE issued a Notice of Violation seeking $5,000 for alleged violations of oil control regulations.
Lead Cases
MDE’s Lead Poisoning Prevention Program serves as the coordinating agency of statewide efforts to eliminate childhood lead poisoning. Under the 1994 "Reduction of Lead Risk in Housing Law," MDE assures compliance with mandatory requirements for lead risk reduction in rental units built before 1950, maintains a statewide listing of registered and inspected units, and provides blood lead surveillance through a registry of test results of all children tested in Maryland. The following actions were for properties alleged to be out of compliance with lead risk reduction standards:
Tonya D. Horton – Baltimore City: 2 affected properties – On February 17, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $45,000 for alleged violations.
Israel Cason – Baltimore City: 13 affected properties – On February 17, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $64,000 for alleged violations.
David Morris – Cumberland, Allegany County: 1 affected property – On February 17, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $17,000 for alleged violations.
Ronald F. Gerber – Hagerstown, Washington County: 4 affected properties – On February 17, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $25,000 for alleged violations.
Ray Kile Stotler – Cumberland, Allegany County: 1 affected property – On February 17, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $15,000 for alleged violations.
Adedayo Babatunde – Baltimore City: 3 affected properties – On February 19, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $50,000 for alleged violations.
Daisy Realty, LLC – Baltimore City: 11 affected properties – On February 24, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $40,000 for alleged violations.
Sandra Crespo – Baltimore, Baltimore County: 1 affected property – On February 24, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $10,500 for alleged violations.
East Salisbury Redevelopment Associates – Salisbury, Wicomico counties: 1 affected property – On February 24, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $15,000 for alleged violations.
William Curtis – Cambridge, Hebron, Salisbury, and Delmar, Dorchester and Wicomico counties: 15 affected properties – On February 26, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $45,000 for alleged violations.
Norman E. Cheesman and Paulette F. Cheesman – Easton & Cambridge, Talbot and Wicomico Counties: 2 affected properties – On March 3, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $13,750 for alleged violations.
Sonia Kundrat and Lisa Gallagher – Baltimore City: 2 affected properties – On March 12, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $7,000 for alleged violations.
Carrie T. Williams – Baltimore City: 3 affected properties – On March 12, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $37,500 for alleged violations.
Timothy Hyde – Pasadena, Anne Arundel County: 2 affected properties – On March 12, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $20,500 for alleged violations.
Thaiwru Britt and Dexter Hazel – Baltimore City: 1 affected property – On March 12, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $15,750 for alleged violations.
ROKA, LLC – Hagerstown, Washington County: 8 affected properties – On February 26, 2010, MDE issued a Settlement Agreement and Consent Order seeking $8,000 for alleged violations.
Russell O. Page – Baltimore City: 3 affected properties – On March 1, 2010, MDE issued a Settlement Agreement and Consent Order seeking $5,000 for alleged violations.
Diebold Hughes and Barbara Hughes – Baltimore City: 9 affected properties – On March 1, 2010, MDE issued a Settlement Agreement and Consent Order seeking $6,000 for alleged violations.
In addition, the Lead Poisoning Prevention Program accredits and enforces performance standards for inspectors and contractors working in lead hazard reduction. The following action is for a contractor and inspector alleged to be out of compliance with state regulations:
James T. Blue – Baltimore City: On February 26, 2010, MDE issued an Administrative Complaint, Order, and Penalty seeking $25,000 for alleged violations.
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