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 (June 21, 2012) – The Maryland Department of the Environment today announced major enforcement actions in recent months for alleged violations of MDE requirements for land, air and water.

“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:

Patterson Park Community Development Corp. – Baltimore City: 24 affected properties – On April 17, MDE issued a Notice of Violation seeking $5,475 for alleged violations of Maryland’s lead law.

Rave LLC – Hampstead, Carroll County: 1 affected property – On April 18, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $14,850 for alleged violations.

Jeffrey Markowicz – Baltimore City: 1 affected property – On May 2, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $24,000 for alleged violations.

Richard A. Huang and Lois L. Miller – Hagerstown, Washington County: 1 affected property – On May 2, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $25,000 for alleged violations.

Cynthia Perry – Baltimore City: 1 affected property – On May 2, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.

Donald R. Coffey – Baltimore City: 1 affected property – On May 2, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,500 for alleged violations.

Allison’s Adventure LLC – Hagerstown, Washington County: 3 affected properties – On May 4, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $33,000 for alleged violations.

Princess of Brooklyn LLC – Baltimore County: 1 affected property – On May 11, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $33,000 for alleged violations.

Edward C. Frase and  Lori I. Frase – Grasonville, Queen Anne’s County: 2 affected properties – On May 11, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $15,200 for alleged violations.

Barbara Lacy – Annapolis, Anne Arundel County: 1 affected property – On May 11, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $8,000 for alleged violations.

James Cannon – Baltimore City: 1 affected property – On May 11, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,000 for alleged violations.

Barbara Collins and Courtney J. Collins – Westminster, Carroll County: 6 affected properties – On May 11, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking a combined $57,000 for alleged violations.

KFC Properties Inc. and Francis George Stojinski – Westminster, Carroll County and Baltimore City: 5 affected properties – On April 16, 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 $8,000.

Dennis C. McCoy – Annapolis, Anne Arundel County: 1 affected property – On April 20, 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 $7,000.  The penalty has been paid in full.

Leonard E. and Betsey J. Forrence – Emmitsburg, Frederick County: 3 affected properties – On May 2, 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 $6,500. The penalty has been paid in full.

Sharon L. Weedy and Joel I.D. Weedy – Hagerstown, Washington County: 2 affected properties – On May 2, 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 $5,000.

Stephen Rogers and Jennifer Rogers – Annapolis, Anne Arundel County: 6 affected properties – On May 2, 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 $7,500.

Lioudmila Sokolova and Leonid Fastovsky – Baltimore City: 4 affected properties – On May 11, 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 $7,000.

 

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.

Albert Inseon Lee – Baltimore City:  On May 11, 2012, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations of Maryland’s UST laws.  The defendant agreed to a penalty of $7,500.

 

Solid Waste Cases

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.

Edwin A. and Katherine A. Keller – Waldorf, Charles County:  On May 3, 2012, MDE issued a Notice of Violation seeking $7,000 for alleged open dumping and open burning.

 

Hazardous Waste Cases

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.

Pharmaceutics International Inc. – Hunt Valley, Baltimore County:  On May 3, 2012, MDE issued a Notice of Violation seeking $5,000 for alleged violations of Maryland’s hazardous waste laws.

National Waste Clean Inc.:  On June 12, 2012, MDE issued a Notice of Violation seeking $15,000 for alleged violations of Maryland’s hazardous waste laws.

 

Concentrated Animal Feeding Operations Cases

The Concentrated Animal Feeding Operation (CAFO) and Maryland Animal Feeding Operation (MAFO) Program regulates discharges from larger farms raising poultry, cattle, swine and other livestock. These discharges contain nutrients such as nitrogen and phosphorus which contribute to eutrophication and other water quality issues in waters of the State including the Chesapeake Bay. These farms must register for coverage under the General Discharge Permit for Animal Feeding Operations.

William Thomas Jr. – Preston, Caroline County:  On May 15, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s CAFO laws and seeking $22,600 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.

 

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.

Peter J. Dennis, D.D.S. – Anne Arundel County: On April 24, 2012, MDE issued a Complaint, Order, and Administrative Penalty for $6,000 to Peter J. Dennis, D.D.S., alleging failure to register a radiation machine facility.

Alva M. Smith, D.D.S. t/a Greenspring Family Dental – Baltimore County: On April 19, 2012, MDE issued a Complaint, Order, and Administrative Penalty for $6,000 to Alva M. Smith, D.D.S. t/a Greenspring Family Dental, alleging failure to register a  radiation machine facility and to perform personnel exposure monitoring.

 

Radioactive Materials Licensing and Compliance Division

The following actions are in response to violations of Maryland regulations for the control of ionizing radiation from radioactive materials.

GBMC Healthcare Inc. – Baltimore County: On April 23, 2012, GBMC Healthcare Inc. agreed to a payment of $15,000 to settle alleged violations resulting from a misadministration and loss of radioactive material during a cancer treatment in July 2010. Medical follow-up to the patient revealed no health effects from the incident and the radioactive material was recovered, according to GBMC. MDE has approved corrective actions taken by GBMC. 

 

Water Pollution Enforcement Actions

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.

State law requires any project that impacts waterways, including the 100- year floodplain, shall be authorized by a State Waterway Construction Permit. Construction must proceed in accordance with the permit conditions and the MDE-approved plan. 

W.M. Davis Inc. – Calvert County: On May 16, 2012, MDE executed a Settlement Agreement with W. M. Davis Inc. to resolve alleged sediment control and water pollution violations at the Three Brothers construction site in Prince Frederick. Under the terms of settlement, W.M. Davis Inc. has agreed to pay $75,000 to the Maryland Clean Water Fund.

Liberty Grove Road LLC – Cecil County: On April 26, 2012, MDE executed a Settlement Agreement with Liberty Grove Road LLC to resolve alleged sediment control and sediment pollution violations that occurred during construction activities at the Murphy’s Run subdivision in Colora. Under the terms of settlement, Liberty Grove LLC has agreed to pay $50,000 to the Maryland Clean Water Fund.

Bradley/Nason JV LLC – Harford County: On April 27, 2012, MDE executed a Settlement Agreement with Bradley/Nason JV LLC to resolve alleged sediment control and sediment pollution violations that occurred at property at Aberdeen Proving Grounds near Edgewood. Under the terms of settlement, Bradley/Nason JV LLC has agreed to pay $45,000 to the Maryland Clean Water Fund.

Potomac Disposal Inc. – Montgomery County: On April 3, 2012, MDE executed a Settlement Agreement with Potomac Disposal Inc. to resolve alleged water pollution violations at the company’s facility along Old Dover Road in Rockville. Under the terms of settlement, the company has agreed to pay $35,000 to the Maryland Clean Water Fund.

Jim’s Air Compressor Inc. – Prince George’s County: On March 7, 2012, Jim’s Air Compressor Inc. paid $20,000 to the Maryland Clean Water Fund to resolve alleged unlawful discharges of cement to Beaverdam Branch in Tuxedo. Jim’s Air Compressor Inc. performed a full restoration of the area affected by the discharge.

Reliable Contracting Company, Inc. – Caroline County: On May 4, 2012, MDE executed a Settlement Agreement with Reliable Contracting Company Inc., to resolve alleged sediment control and water pollution violations at the Kinnamon Meadows subdivision in Greensboro. Under the terms of settlement, Reliable Contracting Company Inc. has agreed to pay $12,000 to the Maryland Clean Water Fund.

Underground Construction Inc. – Caroline County: On April 23, 2012, MDE executed a Settlement Agreement with Underground Construction Inc., to resolve alleged sediment control and water pollution violations that occurred at the Kinnamon Meadows subdivision in Greensboro. Under the terms of the settlement, Underground Construction Inc. has agreed to pay $6,500 to the Maryland Clean Water Fund.

Bayland Inc. – Caroline County: On May 4, 2012, MDE executed a Settlement Agreement with Bayland Inc., to resolve alleged sediment control and water pollution violations at the Kinnamon Meadows subdivision in Greensboro. Under the terms of settlement, Bayland Inc. has agreed to pay $6,000 to the Maryland Clean Water Fund.

Whiting-Turner Contracting Company – Prince Georges County: On April 9, 2012, the Whiting-Turner Contracting Company paid $5,600 to the Maryland Clean Water Fund to settle alleged sediment control violations at the USDA Building 306 Selective Improvements construction project in Beltsville.

Advent Industries LLC – Allegany County: On April 20, 2012, MDE executed a Settlement Agreement with Advent Industries LLC, to resolve alleged water pollution and State Discharge Permit violations at the Mt. Savage Firebrick Company facility near Mt. Savage. Under the terms of settlement, the company has agreed to pay $5,300 to the Maryland Clean Water Fund and has updated and implemented a stormwater pollution prevention plan for the facility.

Charlotte Hall Scrap Inc. – Saint Mary’s County: On May 4, 2012, MDE and Charlotte Hall Scrap Inc. reached a settlement to resolve alleged sediment control and water pollution violations in Charlotte Hall in October and November 2011. Under the terms of settlement, Charlotte Hall Scrap Inc. has agreed to pay $5,000 to the Maryland Clean Water Fund.

 

 

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