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

410-537-3003​

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

BALTIMORE, MD (May 23, 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 action 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 for 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:

Sindix, LLC and Multiverse Management Services, LLC – Baltimore City:  21 affected properties – On January 17, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $25,000 for alleged violations.

The Estate of Edward Hall and Yvonne Butler – Annapolis, Anne Arundel County:  2 affected properties - On January 24, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.

Brian R. Pritt and Sue-Ellen Vandervort – Havre de Grace, Harford County:  2 affected properties – On January 24, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $15,000 for alleged violations.

Monopoly Corporation and Dunne Wright Services, LLC – Baltimore City:  4 affected properties – On January 28, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $15,000 for alleged violations.

Kevin B. Williams and Faithe L. Williams – Glen Burnie, Anne Arundel County:  1 affected property – On February 4, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.

Joann Bolden, Lott Bolden, Harry Bolden Jr. and Denise Bolden-Coley – Baltimore City:  1 affected property – On February 4, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law seeking $21,500 for alleged violations.

Robert Carl Zeigler – Havre de Grace, Harford County:  1 affected property – On February 4, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.

John Carroll – Brooklyn Park, Anne Arundel County:  1 affected property – On February 13, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.

Abdalatti Elghannam, Gul Sher and East to West Enterprises, Inc. – Baltimore City:  1 affected property – On February 13, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,000 for alleged violations.

Bryon Fullerton and Pamela Fullerton – Baltimore City:  2 affected properties – On February 4, 2013, MDE entered into a Settlement Agreement and Consent Order to resolve violations of Maryland’s lead law.  The defendants agreed to a penalty of $10,500.

Larry Thomas and Nicole Jordan – Baltimore City:  2 affected properties – On February 15, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.

Suresh Hatte and Muktayi Hatte – Baltimore City:  2 affected properties – On February 15, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $33,000 for alleged violations.

Leonard Harris – Baltimore City:  3 affected properties – On February 22, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violation.

Donald Eason and Carmen Eason – Rising Sun, Cecil County:  1 affected property – On February 26, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.

Antonio Kornegay – Baltimore City:  3 affected properties – On February 27, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,000 for alleged violations.

Golbert Investments, Inc. – Frostburg, Allegany County:  1 affected property – On February 27, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $33,000 for alleged violations.

Mount Street Holding, LLC – Baltimore City:  2 affected properties – On February 27, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $19,000 for alleged violations.

Solayide Akinlosotu – Baltimore City:  2 affected properties – On February 27, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $23,000 for alleged violations.

Real Estate Management and Acquisitions, LLC – Baltimore City:  5 affected properties – On February 27, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.

Freed Nassor Hayatt – Baltimore City:  9 affected properties – On February 27, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $44,000 for alleged violations.

Carlo J. McDuffie and Thomasine E. McDuffie – Baltimore City:  5 affected properties – On February 27, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $35,000 for alleged violations.

James S. Robinson, Jr. – Cambridge, Dorchester County:  6 affected properties – On March 8, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.

Cesare Vaughan – Baltimore City:  4 affected properties – On March 7, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,000 for alleged violations.

James B. Owen, Jr. – Havre De Grace, Harford County:  5 affected properties – On March 13, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $40,000 for alleged violations.

Stephen Hill – Baltimore City:  1 affected property – On March 15, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $7,750 for alleged violations.

Mary Ann Wilburn – Brooklyn Park, Anne Arundel County:  2 affected properties – On March 15, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,000 for alleged violations.

Debora C. Mays and William Mays – Brooklyn Park, Anne Arundel County:  1 affected property – On March 15, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $14,850 for alleged violations.

 

Oil Control (Compliance)

The Compliance Division of the Oil Control Program (OCP) is a prevention program that seeks to reduce the incidence and severity of releases associated with the storage of regulated substances in underground storage tank (UST) systems. This is accomplished by ensuring compliance with operational requirements at sites that include service stations, oil terminals, hospitals, schools, military facilities, marinas, and similar facilities. These requirements relate to release detection, corrosion and overfill prevention, insurance, and construction standards. All regulated UST systems in Maryland must be registered with the Department. All tank technicians and inspectors must pass a MDE test and maintain a certification with the Program. 

 

Two Farms Inc. t/a Royal Farms – Rosedale, Baltimore County, and North East, Cecil County:  On January 25, 2013, MDE entered into a Settlement Agreement and Administrative Consent Order to resolve alleged violations of Maryland’s laws regarding discharges of oil. The defendant has agreed to a penalty of $600,000 and to continue the remedial activities and other investigative work at Royal Farms sites in Maryland.

 

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.

Sai Guru Dutta, LLC and Chirag P. Patel – Grantsville, Garrett County:  On March 8, 2013, MDE entered into a Settlement Agreement and Consent Order requiring compliance with Maryland’s UST laws. The defendants agreed to a penalty of $5,000.

 

 

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. 

Bitumar USA, Inc. – Baltimore City: On February 5, 2013, MDE entered into a Settlement Agreement with Bitumar to address alleged violations of air pollution requirements for the plant's air pollution control equipment. Bitumar operates an asphalt processing plant in Baltimore City. Bitumar has since upgraded its air pollution control system and returned to compliance. The Settlement Agreement includes a requirement for Bitumar to pay an $18,000 penalty.
 
Automated Graphics Systems – Charles County: On February 28, 2013, MDE issued a Corrective Order and a Notice of Proposed Civil Penalty of $35,000 to Automated Graphics Systems for alleged violations of Maryland’s air quality regulations by failing to submit its required annual air pollutant emission certification.
 
IMERYS – Baltimore County: On February 28, 2013, MDE issued a Notice of Assessed Civil Penalty of $12,000 to IMERYS for alleged violations of Maryland’s air quality regulations at its mineral processing plant in Cockeysville. The alleged violations consisted of a failure to adequately control particulate dust emissions from the plant on multiple occasions.
 
Smithsburg Crematory – Washington County: On March 18, 2013, MDE issued a Notice of Assessed Civil Penalty in the amount of $50,000 to Smithsburg Crematory for alleged violations of Maryland’s air quality regulations.  Smithsburg allegedly violated air quality requirements by operating without the required air quality permit and by failing to maintain proper temperature records for its air pollution control device.

 

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.

Lighthouse Medical Pain Management – Allegany County: On February 5, 2013, the Department issued a Complaint, Order, and Administrative Penalty for $14,000 to Lighthouse Medical Pain Management for alleged failure to register its radiation machine facility and failure to certify its radiation machine.

Ace Medical Clinic – Montgomery County: On March 7, 2013, the Department issued a Complaint, Order, and Administrative Penalty for $11,000 to Ace Medical Clinic for alleged failure to certify its radiation machine.

Sameera Siddiqui, D.D.S., d/b/a Greenway Center Dentistry – Prince George’s County: On March 26, 2013, MDE issued a Complaint, Order, and Administrative Penalty to Sameera Siddiqui, D.D.S., d/b/a Greenway Center Dentistry, for $8,000 for allegedly operating an unregistered radiation machine facility.

Steven W. Haywood D.D.S. Associates – Baltimore County: On April 1, 2013, the Department issued a Complaint and Administrative Penalty to Steven W. Haywood D.D.S. Associates for $6,500 for alleged radiation machine violations.

Prince Frederick Dental Center – Calvert County: On April 1, 2013, the Department issued a Complaint, Order, and Administrative Penalty to Prince Frederick Dental Center for $5,000 for alleged radiation machine violations.

 

Radioactive Materials Licensing and Compliance Division

The following action is in response to an alleged violation of Maryland regulations for the control of ionizing radiation from possession and use of radioactive material.

Cardinal Health – Prince George’s County: On February 4, 2013, the Department issued a Complaint and Notice of Administrative Penalty of $5,000 to Cardinal Health for alleged radioactive material 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. 

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.

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. 

GenOn MD Ash Management LLC (GenOn) – Charles, Prince George’s and Montgomery Counties: On April 30, 2013, a Consent Decree was entered in United States District Court to resolve three enforcement actions brought by MDE against GenOn for alleged violations of the Clean Water Act and Maryland water pollution laws at the Faulkner Ash Management Facility in Charles County, the Brandywine Ash Management Facility in Prince George’s County and the Westland Ash Management Facility in Montgomery County. MDE alleged the unauthorized discharge of pollutants to navigable waters and waters of the State through cracks and fissures in unlined fly ash disposal pits, leachate collection ponds and permitted and unpermitted outfalls. The Consent Decree requires GenOn to: pay MDE a civil penalty of $1.9 million to resolve the past violations alleged in the Complaints and pay the Department stipulated penalties for specified future violations of law and the Consent Decree; perform a study at each site to characterize existing conditions and contaminant characteristics; perform remedial actions at the Sites to abate existing contamination of groundwater and surface water and prevent future contamination; achieve compliance with applicable surface water and groundwater discharge regulations; and achieve compliance with applicable solid waste and fly ash management requirements.

Norris E. Taylor Contractors, Inc. – Dorchester and Talbot Counties: On March 7, 2013, MDE issued an Administrative Complaint, Order and Penalty against The Estate of Norris E. Taylor and Norris E. Taylor Contractors, Inc., for alleged sediment control, sediment pollution, water pollution and non-tidal wetland violations. The alleged violations occurred on four properties, owned by Norris E. Taylor, on Washington Street in Dorchester County and Reagan Drive and Nixon Drive in Talbot County. The Complaint seeks injunctive relief to correct the alleged violations. MDE assessed a $511,000 penalty in this case. 

Charlotte Hall Investment Properties, LLC, Mark Vogel Companies, Inc., Roy A. Williams – St. Mary’s County: On April 8, 2013, MDE issued an Administrative Complaint and Penalty against Charlotte Hall Investment Properties, LLC, Mark Vogel Companies, Inc., Mark R. Vogel, and Roy A. Williams for alleged sediment control, sediment pollution, and water pollution violations. The alleged violations occurred on Three Notch Road in Charlotte Hall. MDE assessed a $209,500 penalty.

John D. Meck – Cecil County - On April 5, 2013, MDE issued an Administrative Complaint and Penalty against John D. Meck alleging earth disturbance in excess of 5,000 square feet prior to obtaining the required erosion and sediment control plan approvals and placing fill material exceeding 100 cubic yards in a position likely to pollute waters of the State between July 2007 and March 2008. The alleged violations occurred on a property on Roundhouse Drive, Perryville. MDE assessed a $30,000 penalty.

Insituform Technologies, Inc. – Baltimore County: On April 2, 2013, MDE and Insituform Technologies, Inc finalized an administrative Settlement Agreement to resolve alleged sediment pollution, sediment control and waterway construction violations that occurred in October 2011 during the Powder Mill Interceptor construction project in Baltimore County. Under the terms of the settlement agreement, Insituform is required to pay $10,000 to the Maryland Clean Water Fund.

Old Fields School – Baltimore County: On April 5, 2013, MDE finalized a Consent Order with the Old Fields School to resolve alleged water pollution violations of the effluent limits established in the school’s State groundwater discharge permit. The alleged violations occurred from August 1, 2008, through October 31, 2011. The Consent Order requires Old Fields School to pay $25,000 to the Maryland Clean Water Fund and correct the alleged violations.

Washington Suburban Sanitary Commission (WSSC) – Prince George’s County:  On February 13, 2013, WSSC paid $5,000 to the Maryland Clean Water Fund to resolve an alleged unauthorized discharge of 322,917 gallons of partially treated wastewater June 6, 2011, from the Piscataway Wastewater Treatment Plant in Accokeek.

Recycled Green Industries, LLC (Recycled Green) – Carroll County – On  March 5, 2013, MDE and Recycled Green Industries, LLC finalized an administrative Settlement Agreement to resolve alleged sediment control, sediment pollution, water pollution and refuse disposal violations at Recycled Green’s Woodbine site. Under the terms of the settlement agreement, Recycled Green is required to correct the alleged violations and pay $50,000 to the Maryland Clean Water Fund. The agreement also requires Recycled Green to pay MDE an additional, $25,000 penalty if the company does not complete a corrective measures plan and implement a revised operations and maintenance plan.

Kuzzens, Inc., Lipman and Lipman, Inc, Six L’s Packing Company – Somerset County: On April 8, 2013, MDE issued an Administrative Complaint and Penalty against Kuzzens, Inc., Lipman and Lipman, Inc., and Six L’s Packing Company for alleged water pollution violations which occurred May 2009 through May 2012 during tomato packing activities at the Six L’s Packing Facility in Westover. MDE assessed a $105,000 penalty.

Robert F. Abner – Calvert County: On April 12, 2013, a Consent Decree was entered in the Circuit Court for Calvert County to resolve alleged tidal wetlands violations involving the placement of unauthorized fill in tidal wetlands at a property and marina on Harbor Road in Chesapeake Beach between May 2006 and December 2008. The Consent Decree also resolves alleged water pollution violations that occurred from June 2005 through June 2011. The Consent Decree requires the defendant to: pay $10,000 to the Tidal Wetlands Compensation Fund and $10,000 to the Maryland Clean Water Fund; perform restoration work in accordance with a plan and schedule approved by MDE; submit an annual report for three years reporting the success of the marsh planting; and implement and maintain the approved sediment and erosion control plan for the site. 

Clark Construction Group, LLC – Montgomery County: On March 8, 2013, Clark Construction Group, LLC, paid $9,500 to the Clean Water Fund to settle alleged sediment control and NPDES Construction Stormwater Discharge Permit violations at the FDA, Consolidated White Oak Southeast Quad construction site in Silver Spring.   

Greystar Development and Construction, L.P., – St. Mary’s County:  On March 13, 2013, Greystar Development and Construction (Greystar GP, LLC). paid $11,000 to the Clean Water Fund for the alleged violation that the NPDES General Discharge Permit for Stormwater Associated with Construction Activity logbook was not maintained and the approved erosion and sediment control plan was not implemented and maintained, causing sediment pollution to waters of the State in a nontidal wetlands draining to an unnamed tributary of the St. Mary’s River.

Bennett Construction, Inc. – Wicomico County: On May 7, 2013, MDE executed a Settlement Agreement with Bennett Construction, Inc. to resolve alleged violations related to sediment control and pollution at the Centre at Salisbury Mall construction site in Salisbury from June 15, 2011, through October 4, 2011. The Settlement Agreement assesses a penalty of $35,000. The site is now in compliance.

Washington Suburban Sanitary Commission – Montgomery and Prince George’s Counties: On March 27, 2013, the Washington Suburban Sanitary Commission (WSSC) paid a stipulated penalty of $15,250 to the Maryland Clean Water Fund in resolution of sanitary sewer overflows from the WSSC collection system from July 1 through December 31, 2012.

Ryland Homes, The Brickyard Subdivision – Prince Georges County: On April 22, 2013, Ryland Homes, paid $ 10,750 to the Clean Water Fund, without admission of guilt or liability, to settle alleged sediment control and NPDES Construction Stormwater Discharge Permit violations November 9 and 13,  2012, at the Brickyard Subdivision in Beltsville.

Adams-Robinson Enterprises, Inc., Parkway WWTP ENR Upgrade – Prince Georges County: On April 19, 2013, Adams-Robinson Enterprises, Inc. paid $ 6,000 to the Clean Water Fund, without admission of liability or guilt, to settle alleged sediment control and NPDES Construction Stormwater Discharge Permit violations December 17 and 19, 2012, at the Parkway WWTP ENR Upgrade construction project near Laurel.

P & J Construction, Inc. –  Baltimore City: On April 26, 2013, MDE entered into Settlement Agreement with P&J Construction, Inc., to resolve alleged sediment pollution and sediment control violations that occurred in April 2009 at the Uplands Apartments demolition site. P&J has agreed to pay $15,000 to the Maryland Clean Water Fund. 

 

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