Maryland Department of the Environment
Kim Lamphier or Jay Apperson
Department of the Environment Issues 25 New Enforcement Actions
Agency Seeks $1.6 Million in Penalties for Alleged Violations of Water, Air, and Land Regulations
BALTIMORE, MD (August 9, 2010) – The Maryland Department of the Environment today announced 25 recent major enforcement actions seeking more than $1.6 million in penalties for alleged violations of MDE requirements for water, land, air and radiation management.
“The Maryland Department of the Environment's top priority is to protect public health and our environment, and a consistent baseline of enforcement actions prevents further pollution and risks to public health,” said MDE Secretary Shari T. Wilson. “The vast majority of Maryland businesses that are in compliance deserve to have environmental laws fairly applied across the board.”
Water Pollution Enforcement Actions
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.
Erik and Kimberly Roese – Baltimore County: On June 8, 2010, Erik and Kimberly Roese paid $4,200 to the Tidal Wetlands Compensation Fund to resolve alleged violations of tidal wetlands laws regarding unauthorized construction of a pier in excess of six feet in width and a pier platform in excess of 200 square feet in Middle River. Corrective actions have been taken to address the alleged violations. The site had achieved compliance with the Tidal Wetlands Act prior to the imposition of the penalty.
Jeffrey and Linda Baker – Calvert County: On June 7, 2010, Jeffrey and Linda Baker paid $1,000 to the Tidal Wetlands Compensation Fund for the alleged violations of constructing a pier extension landward from the “L” head platform and constructing a platform in the first 50 percent of the pier and adjacent to the bulkhead without an approved tidal wetlands license in accordance with the Tidal Wetlands Act in Lusby. Corrective actions have been taken to address the alleged violations.
Jerome Brewis, Lori D. Brewis, Kelly D. Lockner – Anne Arundel County: On June 29, 2010, MDE finalized a Settlement Agreement jointly with Anne Arundel County to resolve alleged violations at properties owned by the parties Jerome G. Brewis, Kelly D. Lockner, and Lori D. Brewis. The Settlement Agreement requires corrective actions to reduce the size of pier structures to be completed by October 31, 2010, and to pay $5,000 to the Tidal Wetlands Compensation Fund upon completion of the required corrections.
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.
Bumpy Oak Corporation – St. Mary’s County: On June 23, 2010, Bumpy Oak Corporation paid $6,600 to the Sediment Control Fund to resolve alleged sediment control violations at the Forest Knolls Two Subdivision in Mechanicsville. Corrective actions have been taken to address the alleged violations.
M. E. Mohler Company – Charles County: On July 13, 2010, MDE issued a Site Complaint and Stop Work Order to M.E. Mohler Company for the failure to implement and maintain an approved Erosion and Sediment Control Plan at the St. Mary’s Villas residential development site in LaPlata. The Site Complaint and Stop Work Order requires the company to cease and desist all work at the site and to immediately implement and maintain an approved Erosion and Sediment Control Plan.
Churchill Development Corporation-Palmer Washington Overlook – Fort Washington, Prince George’s County: On July 19, 2010, MDE issued an Administrative Complaint and Penalty against Churchill Development Corporation seeking a penalty of $120,000 for alleged sediment control and pollution violations at the Palmer Washington Overlook construction site. The alleged violations consisted of sediment pollution to a tributary of Henson Creek and failing to properly maintain erosion and sediment control devices, resulting in the discharge of sediment to waters of the State.
Title 9 of the Environment Article prohibits the discharge of any pollutant into waters of the State, unless such discharge is in compliance with the terms, conditions, and requirements of a discharge permit.
BSJ Partners – Dorchester County: On June 18, 2010, the Department filed a Complaint for Injunctive Relief and Civil Penalty in the Circuit Court for Dorchester County against BSJ Partners, LLC, regarding alleged water pollution violations at the Clearview at Horn’s Point, formerly known as Cambridge Country Club, at 5650 Horns Point Road in Cambridge. The Complaint alleges unlawful discharges of sewage from the Country Club’s on-site septic system to the Choptank River, and alleges failure to submit discharge monitoring reports as required by its discharge permit for swimming pools. The action seeks an injunction requiring the defendant to cease unauthorized discharges and establish regular pumping of untreated sewage from the facility as well as a civil penalty of $790,000.
James M. Dugan and Jennifer Rizzo –Charles County: On June 22, 2010, the Department filed a Complaint for Injunctive Relief and Civil Penalty in the Circuit Court for Charles County against James Dugan and Jennifer Rizzo, owners of the Marshall Hall Mobile Home Park at 6454 Oreta Lane in Charles County. The Complaint alleges unlawful discharges of sewage from the park’s subsurface wastewater disposal system to waters of the State. The action seeks an injunction requiring defendants to cease unlawful discharges, to repair the failed system, and to establish regular pumping of sewage from the system as well as civil penalties of up to $10,000 per day for each day of unlawful discharges but not less than $100,000 total.
Laurel Sand & Gravel – Prince George’s County – On July 27, 2010, MDE issued an Administrative Complaint and Penalty against Laurel Sand & Gravel, Inc., and 1325 G Street Associates, respectively, for alleged past violations of sediment control, sediment pollution, and water pollution control laws at the sand and gravel mining operation formerly known as the Magruder surface mine. The mining site, located at Van Dusen Road and Interstate 95 in Laurel, is currently being prepared for transformation into Konterra, a mixed-use development located adjacent to the Inter-County Connector. The action seeks a total penalty of $170,000 for alleged violations.
Land Pollution Enforcement Actions
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:
Donald J. Steibe – Baltimore City: 1 affected property – On June 21, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.
Lawrence J. Montuori & Lena M. Montuori – Delmar, Wicomico County: 1 affected property – On June 21, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $21,500 for alleged violations.
Robinson Caro & Marcella Black-Caro – Baltimore City: 3 affected properties – On June 24, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000 for alleged violations.
Robert Cedric Johnson Jr. – Baltimore City: 1 affected property – On June 28, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.
FPD Acquisitions Corp. – Baltimore City: 16 affected properties – On June 28, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $17,500 for alleged violations.
Tyrone A. Vaughn – Baltimore City: 5 affected properties – On June 30, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $14,000 for alleged violations.
Dumbarton Investment – Baltimore City: 6 affected properties – On June 30, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000 for alleged violations.
Ronald L. Coultas – Clear Spring, Hagerstown and Hancock, Washington County: 8 affected properties – On July 6, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $22,500 for alleged violations.
Baltimore Property Group, et al – Baltimore City: 9 affected properties – On July 9, 2010, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The Defendants agreed to pay a penalty of $65,000.
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:
Pride Investment & Development – Baltimore City: On July 15, 2010, MDE issued a Notice of Violations with Penalty seeking $7,500 for alleged violations.
Hazardous waste generators must arrange for shipment of their hazardous waste to a facility permitted to accept it or, with the appropriate permits, treat it themselves. A person who ships hazardous waste off-site must use a hauler certified by MDE and the waste must be accompanied by a document that tracks it from generation to disposal (the hazardous waste manifest). A person must comply with regulations on the storage of the waste, and must follow specified procedures to prevent the occurrence of circumstances that would threaten human health or the environment.
USA Lights/Environmental Preservation Associates – Beltsville, Prince George’s County: On June 24, 2010, MDE issued an Amended Complaint seeking $100,000 for alleged violations.
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.
Warriach Brothers International – 102 East Main Street, Cecilton, Cecil County: On July 12, 2010, MDE issued a Notice of Violation with Penalty seeking $5,000 for alleged violations.
The Mining Program regulates requirements applicable to all surface coal and non-coal mining in the State and the surface effects of deep mining of coal. The purpose of mining permits is to minimize the effects of surface mining on the environment, including sediment erosion. In addition to environmental controls, the permit provides for proper land reclamation and ensures public safety.
Zachair, Ltd. – Clinton, Prince George’s County: On July 6, 2010, MDE issued a Notice of Violation with Penalty seeking $5,000 for alleged violations.
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.
Diageo Americas Supply – Baltimore County: On June 16, 2010, MDE signed a Settlement Agreement with Diageo for alleged air quality violations for failing to obtain an air quality permit before constructing equipment. The Agreement requires a $40,000 payment.
Spartech – Wicomico County: On July 1, 2010, MDE signed a Settlement Agreement with Spartech for alleged violations of air quality requirements for failing to conduct required monitoring and record keeping. The Agreement requires a $60,000 payment.
Radiation Machines Division
The following actions are in response to violations of Maryland regulations for the control of ionizing radiation from radiation (x-ray) machines.
Paul J. Chyzus, D.D.S. – Baltimore County: On July 2, 2010, MDE issued a Complaint and Administrative Penalty to Paul J. Chyzus, D.D.S., for $9,500 for alleged violations of Maryland radiation machine regulations.