Department of Environment Issues Enforcement Actions

Department of Environment Issues Enforcement Actions

Press Release

Media Contacts:

Samantha Kappalman

Samantha.Kappalman@maryland.gov

Jay Apperson

Jay.Apperson@maryland.gov

Department of Environment Issues Enforcement Actions Agency Seeks Penalties, Corrective Actions for Alleged Violations of Land, Air and Water Regulations

BALTIMORE, MD (January 11, 2013) – The Maryland Department of the Environment today announced major enforcement actions in recent months for alleged violations of State and federal environmental laws to protect public health and our land, air, water and wetlands resources.

“The Maryland Department of the Environment's top priority is to protect public health and our environment. A consistent baseline of enforcement actions prevents further pollution and risks to public health,” said MDE Secretary Robert M. Summers. “The majority of Maryland businesses comply with environmental laws. A strong and fair enforcement program protects our investment in the environment as well as the health and quality of life of all Maryland residents.”

 ​

 

Land Pollution Enforcement Actions

 

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 Act,” 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. Alleged violations typically involve a failure to register properties or meet lead risk reduction standards. The following actions were for properties alleged to be out of compliance with lead risk reduction standards:

Jerome E. Briggs – Brooklyn Park, Anne Arundel County:  1 affected property – On October 17, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.

Felicia Thomas – Baltimore City:  2 affected properties – On October 23, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $15,000 for alleged violations.

James Blankenship and Sandra Blankenship – Brooklyn, Anne Arundel County:  5 affected properties – On October 23, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $13,000 for alleged violations.

Schaefer-Nevada, Inc. – Baltimore City:  1 affected property – On October 23, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.

Tima Hawes, Michael Brown and Black Lotus Development, Inc. – Baltimore City:  2 affected properties – On October 26, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,000 for alleged violations.

Charles T. Johnson and Virginia L. Johnson – Colora and Rising Sun, Cecil County:  6 affected properties – On November 2, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $65,000 for alleged violations.

Malcolm R. Hill and Jacqueline Hill – Baltimore City:  4 affected properties – On November 5, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.

Bernard Amernick – Baltimore City:  25 affected properties – On November 7, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $21,500 for alleged violations.

James L. Davis – Baltimore City:  2 affected properties – On November 7, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking 22,000 for alleged violations.

William R. Hill – Baltimore City:  8 affected properties – On November 8, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $10,300 for alleged violations.

Courtney Beard and Carol Beard – Hagerstown, Washington County:  2 affected properties – On October 23, 2012, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations of Maryland’s lead law. The defendants agreed to a penalty of $12,000.

Donna Sekora and Heather Sekora – Baltimore City:  11 affected properties – On October 26, 2012, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations of Maryland’s lead law. The defendants agreed to a penalty of $6,000.

Allison’s Adventure, LLC – Hagerstown, Washington County:  3 affected properties – On October 26, 2012, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations of Maryland’s lead law. The defendant agreed to a penalty of $5,000.

Rodwell A. Bailey – Baltimore City:  2 affected properties – On November 7, 2012, MDE entered into a Consent Decree to resolve alleged violations of Maryland’s lead law. The defendant agreed to a penalty of $8,250.

Team Fisher Enterprises, LLC – Baltimore City:  1 affected property – On November 19, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.

Joseph Rehak – Baltimore City:  2 affected properties – On November 20, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $12,500 for alleged violations.

Ree and Mei Investments, Inc. – Baltimore City:  4 affected properties – On November 20, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.

Brian J. Beard, Kerry Lee Beard and Priority 1 Properties, LLC – Hagerstown, Washington County:  15 affected properties – On November 20, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking a combine $16,500 for alleged violations.

Andy R. Johnson and Angela Johnson – Colora, Cecil County:  1 affected property – On November 20, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $36,500 for alleged violations.

Kenneth Jenkins – Baltimore City:  1 affected property – On November 20, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.

Kenneth E. Stout and Linda L. Stout – Elkridge, Howard County:  1 affected property – On November 20, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $33,000 for alleged violations.

Simple Life Us, Inc. – Baltimore City:  2 affected properties – On November 20, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $32,000 for alleged violations.

William Wright, Jr. – Baltimore City:  6 affected properties – On November 20, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,000 for alleged violations.

Robert A. Fisher and Team Fisher Properties, LLC – Baltimore City:  8 affected properties – On November 20, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $38,500 for alleged violations.

Margaret Palau – Princess Anne, Somerset County:  1 affected property – On December 10, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $30,000 for alleged violations.

Darryl A. Hill and Erica M. Hill – Baltimore City:  2 affected properties – On December 10, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $21,000 for alleged violations.

Jeffrey N. Crampton – Hagerstown, Washington County:  4 affected properties – On December 11, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $38,500 for alleged violations.

Raymond Kozlewski and Patricia Kozlewski – Baltimore City:  3 affected properties – On December 11, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.

Groves Brother Properties, LLC – Westminster, Carroll County:  7 affected properties – On December 11, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,000 for alleged violations.

Fred Lee George and Monica George – Brunswick, Frederick County:  1 affected property – On December 12, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $33,000 for alleged violations.

 

 

Oil Control - UST

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.

Byron Byrd and Janice Byrd – Hagerstown, Washington County:  On November 5, 2012, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations of Maryland’s UST law. The defendants agreed to a penalty of $10,000.

 

Solid Waste

Solid waste acceptance facilities must ensure the proper disposal of solid waste in an environmentally acceptable manner while protecting the public health and the environment, including surface water and groundwater. A Refuse Disposal Permit is required for the installation, alteration, or extension of a solid waste acceptance facility. The Permit regulates the design, construction, operation and monitoring of such facilities to minimize the impact on public health and the environment. Municipal, rubble, and some industrial waste landfills are required to have liners and systems that facilitate the collection of leachate and prevent migration of pollutants out of the landfill to adjacent subsurface soil, groundwater and surface water. With some exceptions, processing and transfer activities are required to be conducted in an enclosed building to control odor, dust and noise.

Pless Bernard Jones, Sr. and P&J Contracting Company, Inc. – Baltimore City:  On October 16, 2012, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations of Maryland’s Refuse Disposal Permit laws.  The defendants agreed to a penalty of $30,000.

City of Baltimore Department of Public Works:  On November 27, 2012, MDE issued a Notice of Violation requiring compliance with Maryland’s Refuse Disposal Permit law and seeking $17,500 for alleged violations involving the Quarantine Municipal Landfill. Under its permit, the City is required to conduct semi-annual groundwater sampling. Records showed that the City conducted one sampling event in 2011. The penalty has been paid in full.

 

Hazardous Waste

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.

Capricorn Pharma, Inc. – Frederick, Frederick County:  On December 14, 2012, MDE issued a Notice of Violation requiring compliance with Maryland’s Controlled Hazardous Substance law and seeking $5,000 for alleged violations.

 

Mining Cases

The Mining Program regulates all surface coal and non-coal mining in the State and the surface effects from deep mining of coal. The purpose of mining permits is to minimize the effects of sediment and other pollution from surface mining. In addition to environmental controls, the permit provides for proper land reclamation and ensures public safety.

Jackson-Shaw/AFC, LLC – Suitland, Prince George’s County:  On November 28, 2012, MDE issued a Notice of Violation requiring compliance with Maryland’s Surface Mining Permit and seeking $15,000 for alleged violations.

 

Air Pollution Enforcement Actions

MDE’s Air and Radiation Management Administration ensures that all citizens and businesses are meeting the requirements of the Federal Clean Air Act as well as Maryland’s air pollution control laws. The Administration oversees air pollution monitoring, planning and control programs to improve and maintain air quality and a radiation control program to protect the public from unnecessary exposure to radiation from medical equipment and other devices, in conformance with federal and state law.

 

Allegheny Energy Company – Washington County:  On November 1, 2012, MDE entered into a Settlement Agreement with Allegheny Energy Company to address alleged violations of air pollution requirements. Allegheny Energy failed to submit required semi-annual monitoring reports between 2007 and 2010. Allegheny has since submitted the required reports and has returned to compliance. The Settlement Agreement requires that Allegheny pay a $35,000 penalty.

 

Radiation Machines Division

 

The following actions are in response to alleged violations of Maryland regulations for the control of ionizing radiation from use of radiation (x-ray) machines.

 

Hunjin Kim, D.D.S. – Montgomery County: On November 7, 2012, MDE issued a Complaint, Order, and Administrative Penalty for $5,000 to Hunjin Kim, D.D.S., alleging radiation machine violations.

 

 

Water Pollution Enforcement Actions

 

State law 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.  A  person must hold a discharge permit issued by MDE before the person may construct, install, modify, extend, alter or operate any facility or disposal system or any other outlet or establishment if its operation could cause or increase the discharge of pollutants into waters of the State. 

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, prior to performing construction activity, a  person obtain and implement a Soil Conservation District-approved erosion and sediment control plan that must be maintained for the life of the project for any proposed land clearing or earth disturbance greater than 5,000 square feet. 

State law 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. Earth disturbances that exceed one acre are required to obtain a National Pollutant Discharge Elimination System Permit for Stormwater Discharges Associated with Construction Activity from MDE.  The NPDES Permit requires that an approved erosion and sediment control plan be obtained and implemented, that self-monitoring inspections occur, and that a log of such inspections be maintained.

 

GenOn MD Ash Management, LLC – Brandywine, Prince George’s County: On December 11, 2012, a Consent Decree was entered in the Circuit Court for Prince George’s County which resolves alleged violations of Titles 4, 5 and 9 of the Environment Article which occurred at the Brandywine Coal Combustion Byproducts Landfill between February 2007 and June 2012.  The Consent Decrees requires GenOn MD Ash Management, LLC to pay $300,000 to the Maryland Clean Water Fund, comply with an approved erosion and sediment control plan, make certain operational improvements at the landfill, perform water quality sampling in accordance with an approved plan, perform a wetlands mitigation project, and update the stormwater pollution prevention plan for the landfill.

Washington Suburban Sanitary Commission (WSSC) – Montgomery and Prince George’s Counties: On November 26, 2012, WSSC paid a stipulated penalty of $26,437.50 to the Maryland Clean Water Fund in resolution of sanitary sewer overflows from the WSSC collection system from January 1 through June 30, 2012 pursuant to the joint MDE/EPA/WSSC Consent Decree entered January 19, 2006.

STV, Inc. for The National Properties Limited Partnership – Baltimore City:  On October 19, 2012, STV, Inc. paid $14,000 to the Clean Water Fund for the alleged failure to obtain a General Discharge Permit for Stormwater Associated with Construction Activity for earth disturbances of more than one acre at The National Properties Limited Partnership, Hanover Brewers Hill project.

Corporate Office Properties Trust – Baltimore City:  On October 22, 2012, Corporate Office Properties Trust paid $9,700 to the Clean Water Fund for the alleged failure to obtain a General Discharge Permit for Stormwater Associated with Construction Activity for earth disturbances of more than one acre at the Canton Crossing Parking Garage project.

Mainlining Services, Inc. – Baltimore County: On October 31, 2012, MDE entered into a Settlement Agreement with Mainlining Services, Inc., to resolve alleged unauthorized discharges of pipelining material to an unnamed tributary of Herbert Run Springs in Arbutus during a water main repair from August 25 to September 2, 2010. In addition, the Settlement Agreement resolves alleged sediment control and non-tidal wetlands violations that occurred on a site in Lutherville from November 29 to December 7, 2010. Under the terms of settlement, Mainlining agreed to pay a $25,000 penalty to the Clean Water Fund. 

Treuth Holding Company, Inc. Baltimore County: On November 13, 2012, MDE finalized a Consent Order with Treuth Holding Company, Inc., to resolve alleged unauthorized discharges of process water to an unnamed tributary of Cooper Branch and for the failure to develop and implement a stormwater pollution prevention plan as required by the General Discharge Permit for Storm Water Associated with Industrial Discharges. The Consent Order requires Treuth to pay $25,000 to the Clean Water Fund and to perform corrective actions to prevent the discharge of process water to waters of the State and implement an approved storm water pollution prevention plan. 

CECO Utilities, Inc./Crystal Water, LLC – Cecil County: On November 30, 2012, MDE issued an Administrative Complaint and Order to CECO Utilities, Inc. and Crystal Water, LLC (CECO) requiring that CECO continue to operate the Manchester Park Wastewater Treatment Plant. On November 27, 2012, CECO informed the Public Service Commission that it intended to abandon the wastewater treatment plant on December 15, 2012, potentially leaving approximately 130 homes and one business with no wastewater treatment. The Administrative Order requires that CECO either continue to operate the facility or appoint an entity to operate the facility and pay the salary of the entity that they appoint.Under the Order, CECO remains the responsible party for maintaining and paying any cost to maintain the wastewater treatment system. Also, on December 7, 2012, MDE issued an Administrative Complaint and Penalty to CECO Utilities, Inc and Crystal Water, LLC to resolve alleged effluent violations at the Manchester Park Wastewater Treatment Plant from January 2009 through September 2012. MDE assessed a $50,000 penalty.

Bechtel Communications, Inc. – Wicomico County: On December 11, 2012, MDE entered into a Settlement Agreement with Bechtel Communications, Inc., to resolve alleged sediment control, sediment pollution, nontidal wetlands and water pollution violations that occurred during construction activity for a communications tower on a site on Capitola Road in Tyaskin. The Agreement requires Bechtel to pay $50,000 to the Clean Water Fund. In addition, in lieu of onsite or offsite mitigation, Bechtel has agreed to purchase wetland mitigation credits from the Maple Dam Road Mitigation Bank at a ratio of three-to-one for the permanent impacts to 14,017.5 square feet of non-tidal wetlands. 

Braddock Construction LLC, – Allegany County: On October 29, 2012, Braddock Construction LLC paid $7,500 to the Clean Water Fund to settle alleged sediment control and State Discharge Permit violations at the Ocean Hill Road/Miller Bottom stockpile site near Midland. 

C. William Hetzer, Inc., 40 West Landfill – Washington County:  On October 29, 2012, C. William Hetzer, Inc. paid $5,500 to the Clean Water Fund to settle alleged sediment control and State Discharge permit violations that occurred at the Scale House Relocation and Wheel Wash Facility construction site near Clear Spring.

JBD, LLC –Washington County: On October 23, 2012, JBD, LLC, paid $10,500 to the Clean Water Fund to settle alleged sediment control and State Discharge Permit violations at the Light Business Park construction site near Hagerstown. 

Norris E. Taylor Contractors, Inc. – Talbot County: On December 12, 2012, MDE finalized a Settlement Agreement and Penalty with Norris Taylor Contractors, Inc. to resolve alleged violations of the groundwater discharge permit for the Talbot Trailer Park. Under the terms of settlement, Norris Taylor Contractors, Inc., agreed to pay $5,000 to the Clean Water Fund. 

Construction Trades Services, Inc. Frederick County: On December 12, 2012, MDE finalized a Settlement Agreement with Construction Trade Services to resolve alleged sediment control, sediment pollution and water pollution violations during the creation of a dump site on a residential property on Buckeystown Pike in Buckeystown.  Under the terms of settlement, Construction Trades Services, Inc. has agreed to pay $20,000 to the Clean Water Fund. 

 

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. 

Louis and Jeannie Stone – Calvert County: On December 11, 2012, MDE finalized a Consent Order to resolve alleged violations at property owned by the Stones in Dowell. The Consent Order required corrections to a pier in accordance with a tidal wetlands license to be issued by MDE within 30 days of execution of the Order. The work is to be completed by February 1, 2013. The Order also required a $6,000 penalty to be paid to the Tidal Wetlands Compensation Fund.

 

  

###