Department of Environment Issues 59 Enforcement Actions

Press Release

Maryland Department of the Environment

Media Contacts:
Dawn Stoltzfus
Jay Apperson
(410) 537-3003

Department of Environment Issues 59 Enforcement Actions Agency Seeks Penalties, Corrective Actions for Alleged Violations of Land, Air, and Water Regulations

BALTIMORE, MD (March 18, 2011)– The Maryland Department of the Environment today announced 59 recent major enforcement actions for alleged violations of the State’s public health and environmental protection requirements for land, air and radiation management, water and wetlands.

“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 Acting Secretary Robert M. Summers. “The majority of Maryland citizens and businesses comply with environmental laws.  A strong and fair enforcement program protects their investment in the environment and the health and quality of life for all Maryland citizens.”
 
Land Pollution Enforcement Actions
 
Lead Cases

MDE’s Lead Poisoning Prevention Program serves as the coordinating agency for 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:
 
KEBL, Properties, LLC – Baltimore City:  9 affected properties – On December 20, 2010, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The defendants agreed to a penalty of $10,000.

Susan Stevens – Federalsburg, Caroline County:  2 properties – On December 20, 2010, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The defendant agreed to a penalty of $10,000.

Leonard E. Forrence & Betsey J. Forrence – Baltimore City:  4 affected properties – On December 27, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $21,500 for alleged violations.

Chandrakant K. Patel & Bhanuprasad L. Patel – Elkton, Cecil County:  1 affected property – On December 27, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $11,500 for alleged violations.

Michael Ronald Thomas, Jr. & Carol Sue Thomas – Baltimore City:  1 affected property – On December 27, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $21,000 for alleged violations.

Kutcher & Associates, LLC – Westminster, Taneytown & New Windsor, Carroll County:  4 affected properties – On January 4, 2011, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The defendants agreed to a penalty of $5,000. The penalty has been paid in full.

Rahel Yirga, Reta Yirga, & Nile Properties, LLC – Baltimore City:  2 affected properties – On January 10, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking a combined $45,000 for alleged violations.

Marlene Kurland – Baltimore City:  1 affected property – On January 10, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $32,500 for alleged violations.

Abraham Samuel Kurland – Baltimore City:  2 affected properties – On January 10, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000 for alleged violations.

Clifton McKnight – Cumberland, Allegany County, and Baltimore City:  13 affected properties – On January 10, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $13,500 for alleged violations.

Jovan Walker – Baltimore City:  1 affected property – On January 10, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $11,000 for alleged violations.

D & D Management, Inc. – Baltimore City:  2 affected properties – On January 10, 2011, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The defendants agreed to a penalty of $6,000.

Joseph C. Fair – Baltimore City:  1 affected property – On January 18, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500 for alleged violations.

Terrainio J. Hart – Baltimore City:  2 affected properties – On January 18, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.

William Miezan and Julie Miezan – Baltimore City:  5 affected properties – On January 18, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $17,500 for alleged violations.

Claude L. Williams – Baltimore City:  6 affected properties – On January 18, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $50,000 for alleged violations.

Debora E. Boyd and Amaka Property Management and Preservation, LLC – Baltimore City:  3 affected properties – On January 18, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $26,500 for alleged violations.

Robert R. Grier and Emma Lois Grier – Baltimore City:  1 affected property – On January 18, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $18,000 for alleged violations.

Enemus Samuels – Baltimore City:  8 affected properties – On January 18, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $22,000 for alleged violations.

Tony Shaw – Baltimore City:  3 affected properties – On January 18, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $40,000 for alleged violations.

Carroll Spielman and Deborah Spielman – Woodsboro, Frederick County:  1 affected property – On January 27, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $30,000 for alleged violations.

Sac’s Harmison St. Property, LLC – Baltimore City:  1 affected property – On January 27, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $27,000 for alleged violations.

Yeno F. Godfrey and Ayabavi Thon – Baltimore City:  8 affected properties – On January 31, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $23,000 for alleged violations.

Daphne E. Klute – Denton, Caroline County, and Easton, Talbot County:  3 affected properties – On January 31, 2011, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The defendant agreed to a penalty of $6,000.

Sherine Gray – Baltimore City:  4 affected properties – On February 2, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $30,000 for alleged violations.

Keisue Brown and Annette Brown – Baltimore City:  6 affected properties – On February 2, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking a combined $40,000 for alleged violations.

Charles Schelts Jr. and Bonnie Schelts – Millington, Kent and Queen Anne’s Counties:  9 affected properties – On February 2, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $55,000 for alleged violations.

2005/2006 DRR-ETS LLC and JR Realty LLC – Baltimore City:  60 affected properties – On February 2, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $30,000 for alleged violations.

Arlene Scott-Smith – Catonsville, Baltimore County:  3 affected properties – On February 7, 2011, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The Defendant agreed to a penalty of $7,000.

Carmen E. Bovell-Chester and Marlon E. Bovell – Baltimore City:  4 affected properties – On February 14, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.

Jagtar Randhawa – Manchester, Carroll County:  9 affected properties – On February 14, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $27,000 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 actions are for contractors and inspectors alleged to be out of compliance with state regulations:
 
Davendra Birbahadur – Baltimore City:  On February 11, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $10,000 for alleged violations.

Lilias Rodriguez – Baltimore City:  On February 11, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.

LawrenceT. Wilson, Jr. – Baltimore City:  On February 11, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.


Solid Waste

Solid waste acceptance facilities must ensure the proper disposal of solid waste in an environmentally acceptable manner while protecting public health and the environment, including surface 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 leachate collection 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.
 
Harford County Bureau of Solid Waste Management – Street, Harford County:  On January 3, 2011, MDE issued a Notice of Violation seeking $10,000 for sediment pollution.

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 that are implemented through MDE’s 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.
 
BP Products North America – Baltimore City:  On December 21, 2010, MDE finalized a Settlement Agreement with BP Products to address alleged violations of air pollution requirements. The alleged violations were for failure to monitor and record operating parameters of its air pollution control equipment at its gasoline distribution terminal. The Settlement Agreement requires BP Products to pay a $35,000 penalty. BP Products has instituted new procedures at its terminal to ensure compliance with monitoring and recording requirements. 

  
Radiation Machines Division

The following actions were taken in response to alleged violations of Maryland regulations for the control of ionizing radiation from radiation (x-ray) machines. The regulations are designed to ensure that radiation machines (e.g., x-ray equipment, CAT Scan equipment, etc.) are properly registered and maintained to ensure workers and others are protected from unnecessary exposure to radiation.
 
Rodney Lawson, D.D.S. – Baltimore County: On December 27, 2010, MDE issued a Complaint and Administrative Penalty seeking a $6,000 penalty for alleged violation of radiation machine control regulations.
Ronald J. Leven, D.D.S. – Prince George's County: On December 27, 2010, MDE issued a Complaint, Order, and Administrative Penalty seeking a $5,000 penalty for failure to register his radiation machine facility.
Nasser Moradi, D.D.S.– Cecil County: On December 27, 2010, MDE issued a Complaint and Administrative Penalty seeking a $7,900 penalty for alleged violation of radiation machine control regulations.
WilkinsChiropractic Center – Prince George’s County: On December 27, 2010, MDE issued a Complaint and Administrative Penalty seeking a $10,000 penalty for failure to certify its radiation machine.
Heartland Dental Care – Montgomery County: On January 5, 2011, Heartland Dental Care signed a Settlement Agreement including a $6,000 administrative penalty for failure to register a radiation machine facility.
Maury J. Fechter, D.D.S. – Baltimore City: On January 25, 2011, MDE issued a Complaint, Order, and Administrative Penalty seeking a $6,000 penalty for alleged violation of radiation machine control regulations.

 
Water Pollution Enforcement Actions
 
State laws governing wetlands protect the State’s water quality, wildlife and other natural resources that depend on those wetlands while allowing property owners reasonable use of their property. Property owners must notify MDE before conducting any work in tidal and nontidal wetlands, their buffers, and waterways of the State.  MDE assesses the impact of any proposed work on tidal and nontidal wetlands and, if appropriate, will issue a permit authorizing the work as long as the necessary environmental protections are in place. 
 
Baltimore County Bureau of Engineering and Construction – Baltimore County:  On December 27, 2010, Baltimore County paid $750 to the Nontidal Wetlands Compensation Fund to resolve an alleged violation of disturbing a nontidal wetlands buffer without authorization at Maryland Dam No. 321, Loveton Farms, Phoenix, Baltimore County.

Michael Strandquist, et al. – Calvert County:  On January 7, 2011, MDE finalized a civil consent decree with Michael Strandquist et al resolving MDE’s claims that defendants constructed 6 piers, 159 feet of backfilled bulkhead, 13 mooring piles, and a boardwalk in State tidal wetlands at the Breezy Point Marina without first obtaining a license.  The Department also alleged that defendants constructed a stone revetment that extended more that 4 feet channelward in violation of a license issued by MDE.  The defendants agreed to remove 4 piers, 10 mooring piles, and the boardwalk and they reduced the stone revetment to four feet channelward. The defendants also agreed to pay a $5,000 penalty and $3,020 in compensation.

Wards Construction Company – Calvert County:  On January 19, 2011, Wards Construction Company paid $2,600 to the Tidal Wetlands Compensation Fund for the alleged unauthorized construction of a wave break on a pier at the Mill Creek Home Owners Association community pier, Dowell.

Mill Creek Home Owners Association – Calvert County:  On January 26, 2011, Mill Creek Home Owners Association paid $2,600 to the Tidal Wetlands Compensation Fund for the alleged unauthorized construction of a wave break on a pier at the Mill Creek Home Owners Association community pier, Dowell.
 
It is unlawful for any person to discharge 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 any proposed land clearing, construction activityor earth disturbance greater than 5,000 square feet, 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.  State law also requires that a person that undertakes any activity involving earth disturbance over one acre obtain a general permit for stormwater discharges associated with construction activity.  The permit application must be made available for public review and comment for a period of 30 or 45 days, depending on the total acreage to be disturbed.  The permit requires the implementation of an approved erosion and sediment control plan as well as self-monitoring inspections of the erosion and sediment controls.
 
Southern Maryland Electric Cooperative – Calvert County:  On December 9, 2010, Southern Maryland Electric Cooperative paid $6,280 to the Maryland Clean Water Fund to resolve an alleged violation of failing obtain an approved erosion and sediment control plan prior to engaging in construction activities in Huntingtown, Calvert County, and for allegedly placing sediment in a position likely to pollute waters of the State.

Timothy Matterson – Baltimore County: On December 9, 2010, MDE and Timothy Matterson finalized an administrative penalty settlement agreement in the amount of $5,000 to resolve alleged sediment control and sediment pollution violations that occurred on the Matterson property on Hunter Green Road, Upperco, in January 2009. The penalty was paid on December 23, 2010.

Asad Ghattas, Pemberton, Phase II Construction Project – Washington County: On December 24, 2010, Asad Ghattas paid $3,200 to the Clean Water Fund to resolve alleged sediment control and discharge permit violations that occurred at the Pemberton Phase II residential construction project located near Hagerstown.

Verizon MD, Inc., Roth Rock Buried Cable Project – Garrett County: On December 31, 2010, Verizon MD, Inc. paid $6,300 to the Clean Water Fund to resolve alleged sediment control and discharge permit violations that occurred at the Roth Rock buried cable construction project south of Oakland.

Espina Paving, Inc., SHA, Md. Route 464 over Catoctin Creek – Frederick County: On January 7, 2011, Espina Paving, Inc. paid $3,500 to the Clean Water Fund to resolve alleged sediment control, discharge permit, and waterway construction violations that occurred at the State Highway Administration’s bridge replacement project on Md. Route 464 over Catoctin Creek.

Rehoboth United Methodist Trustees – Washington County: On January 7, 2011, Rehoboth United Methodist Trustees paid $2,000 to the Clean Water Fund to resolve alleged sediment control and discharge permit violations that occurred at the Rehoboth United Methodist Church construction site near Williamsport.

St. Mary’s Ryken High School –St. Mary’s County:  On January 25, 2011, St. Mary’s Ryken High School paid $18,200 to the Clean Water Fund to resolve the alleged failure to maintain permit-required inspection logs under its NPDES General Stormwater Permit and for allegedly failing to implement and maintain approved erosion and sediment controls and placing sediment in a position likely to pollute waters of the State at its construction site in Leonardtown.

Goodloe Byron, Jr. –Frederick County: On January 28, 2011, Goodloe Byron, Jr. paid $3,000 to the Clean Water Fund to resolve alleged sediment control and waterway construction violations that occurred at the residence near Middletown.
 
State law (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 designed to protect public health and the environment.
 
Baltimore County DPW – Baltimore County: On December 17, 2010, in accordance with a consent decree, Baltimore County paid $24,187.50 in stipulated penalties to the Clean Water Fund to resolve sanitary sewer overflows that occurred from July 1, 2009, to June 30, 2010.

Salisbury Wastewater Treatment Plant – Wicomico County: On December 17, 2010, in accordance with a consent decree, the City of Salisbury paid $7,000 in stipulated penalties to the Clean Water Fund for total nitrogen effluent violations that occurred in May and June 2010.

Marley Run – Calvert County: On December 29, 2010, in accordance with a consent order, Calvert County paid $1,000 in stipulated penalties for total nitrogen effluent violations that occurred at the Marley Run Wastewater Treatment Plant from March through June 2010.

John W. Ritter Trucking, Inc. – Laurel, Anne Arundel County: On January 7, 2011, John W. Ritter Trucking, Inc. paid $3,600 to the Clean Water Fund to resolve alleged violations of its NPDES/State Discharge Permit effluent limits for total suspended solids and oil and grease from July 2008 through September 2009.
Southway Builders, Inc.,C.W. Brooks Building –Washington County:  On February 11, 2011, Southway Builders, Inc. paid $950 to the Clean Water Fund to resolve alleged violations of the State Discharge Permit at the C. W. Brooks Building construction project at Mills Station in Hagerstown.