Department of Environment Issues 42 Enforcement Actions

Press Release

Maryland Department of the Environment

Media Contact:
Kim Lamphier or Jay Apperson
(410) 537-3003

Department of Environment Issues 42 Enforcement Actions Agency Seeks Over $1 million in Penalties for Alleged Violations of Water, Air, and Land Regulations

BALTIMORE, MD (November 5, 2010) – The Maryland Department of the Environment today announced 42 recent major enforcement actions seeking penalties totaling more than $1 million for alleged violations of MDE requirements for water, air and radiation management, and land.

“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

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.

Shahi International Investments, Inc./Cedar Mobile Home Park Wastewater Treatment Plant – Caroline County: On October 7, 2010, the Office of the Attorney General, on behalf of MDE, filed a Civil Complaint in the Circuit Court for Caroline County for preliminary injunction, permanent injunction, and a $160,000 civil penalty against Shahi International Investments, Inc., for the alleged failure to comply with the requirements of the Consent Order to resolve violations of the discharge permit issued for the Cedar Mobile Home Trailer Park wastewater treatment plant.   

Shahi International Investments, Inc./Hilltop Mobile Home Park –  Caroline County: On October 19, 2010, the Office of the Attorney General, on behalf of MDE, filed a Civil Complaint in the Circuit Court for Caroline County for preliminary injunction, permanent injunction, and civil penalty against Shahi International Investments, Inc., for the alleged failure to protect the public health and to prevent the pollution of State waters caused by the discharge of raw sewage from a failed waste disposal system at the Hilltop Mobile Home Park. MDE is seeking an injunction to require a contract with a licensed sewage hauler to pump and haul sewage from the failing disposal system until the system has been repaired or replaced and adequate leak-tight sewage holding tanks have been installed. The action also seeks civil penalties of up to $10,000 per day for each unlawful discharge.

Jennifer Rizzo/Marshall Hall Mobile Home Park – Charles County:  On October 6, 2010, the Office of the Attorney General obtained a Civil Injunction in the Circuit Court for Charles County requiring that Jennifer Rizzo cease all unauthorized discharges of sewage, contract with a licensed sewage hauler to pump and haul sewage from the failing disposal system until the system has been replaced, and replace the system within 60 days of MDE approval of a certified engineering plan. A penalty hearing is scheduled for November 10, 2010.

Lashley Construction Company, Inc. – Allegany County:  On September 13, 2010, the Office of the Attorney General, on behalf of MDE, filed a civil Complaint for Civil Penalties in the Circuit Court for Allegany County seeking a civil penalty of $10,000 for alleged water pollution violations including unlawfully discharged pollutants, specifically wet concrete and concrete dust, resulting in a fish kill to Sand Spring Run at a stormwater construction project in Frostburg. 

Carmen C. Parson and Kelly A. Snow, Real Estate Professionals, Inc. – Harford County:  On September 20, 2010, the Office of the Attorney General, on behalf of MDE, filed a civil Complaint for Permanent Injunctive Relief and Civil Penalties in the Circuit Court of Harford County seeking a civil penalty of $10,000 for alleged water pollution including unlawfully discharged wastewater containing fecal coliform bacteria into a tributary of the Bush River. On September 9, 2010, in a related criminal proceeding prosecuted by the Office of the Attorney General’s Environmental Crimes Unit, a jury convicted Carmen C. Parson of the criminal discharge of pollutants to waters of the State. Ms. Carmen was fined $5,000, was sentenced to serve one year in jail with all but 90 days suspended, ordered to perform 100 hours of community service, and placed on two years supervised probation. 

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. 

Thomas F. Guthmann – Baltimore City:  On October 14, 2010, the Office of the Attorney General, on behalf of MDE, filed a civil Complaint for Injunctive Relief and Civil Penalties in the Circuit Court for Baltimore City for alleged water pollution violations at a fabricated metal products manufacturing facility. MDE is seeking injunctive relief to stop unlawful discharges of oil and other pollutants to waters of the State and civil penalties of up to $35,000 per day for alleged violations of both sediment control and discharge laws. 

Liberty Property Trust, Liberty at Hunter’s Green II – Washington County:  On October 5, 2010, Liberty Property Trust paid a $9,650 penalty to the Clean Water Fund to resolve alleged sediment control and discharge permit violations at the Liberty at Hunter’s Green II construction project.  Corrective actions have been taken to address the alleged violations and the project is now in compliance. 

Excell Fund, LLC/Wellman Construction – Charles County:  On September 21, 2010, MDE issued a Site Complaint and Stop Work Order for alleged failure to implement an approved erosion and sediment control device and follow the approved sequence of construction contained in the approved Erosion and Sediment Control Plan for the Family Dollar Store construction project in Indian Head. MDE ordered all earth disturbance work on the site to cease and desist, except for work necessary to make the needed corrections, until the Erosion and Sediment Control Plan is implemented and MDE releases the Stop Work Order. 

Christopher Axtell – Calvert County - On August 4, 2010, Christopher Axtell paid a $1,400 penalty to the Clean Water Fund to resolve alleged sediment control and sediment pollution violations at a forest harvest operation in St. Leonard. Corrective actions have been taken to resolve the alleged violation.

Eliza Foote – Calvert County - On October 12, 2010, MDE issued a Site Complaint and Stop Work Order for the alleged failure to obtain an Erosion and Sediment Control Plan or install any erosion and sediment controls prior to earth disturbance activities at a construction site in Lusby resulting in alleged sediment pollution to waters of the State. MDE ordered all earth disturbance work on site to cease and desist, except for work necessary to make the needed corrections to stabilize the site and remove the sediment from the waterway, until an Erosion and Sediment Control Plan is obtained. 

Alfred E. Bishop – Calvert County:  On October 12, 2010, MDE issued a Site Complaint and Stop Work Order for the alleged failure to obtain an Erosion and Sediment Control Plan or install any erosion and sediment controls prior to earth disturbance activities at a construction site in Lusby that resulted in alleged sediment pollution to waters of the State. MDE ordered all earth disturbance work on site to cease and desist, except for work necessary to make the needed corrections to stabilize the site and remove the sediment from the waterway, until an Erosion and Sediment Control Plan is obtained. 

State law requires that any person planning to mine in an open pit shall obtain a permit from MDE’s Bureau of Mines.  All mining permits require that the mine operator comply with requirements that protect and conserve the natural resources of the State and the improvement of areas of land and communities affected in the mining.

Laurel Sand & Gravel, Inc. – Prince George’s County and Anne Arundel County: On October 25, 2010, MDE finalized an Administrative Settlement Agreement and Consent Order, requiring a $170,000 penalty to the Clean Water Fund, to resolve alleged violations including unlawful discharges of wastewater, failure to follow an approved Erosion and Sediment Control Plan, and failure to comply with the mining permit at four current and former surface mining sites.   

 

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.

MARCOR Remediation, Inc. – Talbot County:  On September 22, 2010, MDE issued an Assessed Civil Penalty seeking $8,000 for alleged violations of asbestos requirements including the failure of asbestos workers to properly wear protective gear and respirators at an asbestos removal job site. 

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

Ira M. Deming, D.P.M. – Montgomery County:  On September 23, 2010, MDE issued a Complaint, Order, and Administrative Penalty seeking $10,000 for alleged failure to certify the facility. 

Central Maryland Oncology Center – Howard County: On September 21, 2010, Central Maryland Oncology Center signed a Settlement Agreement with a $10,000 penalty for an alleged misadministration of radiation to a patient.

Radioactive Materials Licensing and Compliance Division

Jack Poore – Palmayra, VA:  On October 6, 2010, Attorney General Douglas F. Gansler announced that Mr. Poore was sentenced to one year incarceration with all but 62 days suspended for stealing a licensed nuclear device and selling it to a licensee in Anne Arundel County. Poore also was fined $1,000 with $500 suspended, ordered to pay $2,000 restitution, and placed on three years supervised probation.   

 

Land Pollution Enforcement Actions

Lead Poisoning

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:

Gordon R. Fulton III & Gloria Mayes – Hagerstown, Washington County:  55 affected properties – On September 23, 2010, MDE issued a Registration Penalty seeking $5,000 for alleged registration violations.

Lee D. Higginbotham – Baltimore City:  6 affected properties – On September 20, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $17,000 for alleged violations.

Barnie Sherrod – Baltimore City:  1 affected property – On September 20, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000 for alleged violations.

Amadou Diallo – Baltimore City:  5 affected properties – On September 21, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $21,000 for alleged violations.

Gregory Hairston – Baltimore City:  2 affected properties – On September 24, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $12,000 for alleged violations.

Deborah A. Smith – Hagerstown, Washington County:  2 affected properties – On September 24, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.

Christopher J. Adams & Gloria Y. Adams – Hurlock, Dorchester County:  4 affected properties – On September 24, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $22,500 for alleged violations.

D & D Management, Inc. & Walter Goodwich – Baltimore City:  8 affected properties – On September 24, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $45,000 for alleged violations.

Jennifer Whelan & JR Realty, LLC – Baltimore City:  1 affected property – On September 24, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $11,000 for alleged violations.

Jonathan Bem – Reisterstown, Baltimore County:  1 affected property – On September 24, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.

Gene Yarborough & Mariko Yarborough – Baltimore City:  1 affected property – On September 24, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $22,000 for alleged violations.

Carroll M. Fabula & Cecelia A. Fabula – Baltimore, Baltimore County:  1 affected property – On September 24, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.

Tamera Roberts – Baltimore City:  2 affected properties – On September 24, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $17,000 for alleged violations.

Clinton H. Clark, Sr. & Margaret Clark – Baltimore City:  1 affected property – On September 14, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000 for alleged violations.

Kassandra Jarvi – Baltimore City:  1 affected property – On September 24, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.

Martina V. Reed – Baltimore City:  1 affected property – On September 24, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500 for alleged violations.

Arif Naseem & Nayyirah Naseem – Baltimore City:  9 affected properties – On September 24, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,500 for alleged violations.

Christian Kaikai – Baltimore City:  4 affected properties – On September 24, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $24,000 for alleged violations.

Eric Pelletier – Baltimore City:  2 affected properties – On September 24, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.

Keith Wilson – Baltimore City:  39 affected properties – On October 5, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $30,000 for alleged violations.

Skywalk Properties, LLC – Baltimore City:  16 affected properties – On October 5, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $67,500 for alleged violations.

Chivalry Investments, LLC – Baltimore City:  25 affected properties – On October 5, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $30,000 for alleged violations.

Chesmal, LLC – Baltimore City:  31 affected properties – October 5, 2010, MDE issued an Administration Complaint, Order and Penalty seeking $20,000 for alleged violations.

SPAW, LLC et al. – Annapolis, Anne Arundel County:  113 affected properties – On September 17, 2010, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations including a $120,000 penalty. The penalty has been paid in full. 

Dorothy Wheeler – Westminster, Carroll County:  5 affected properties – On September 22, 2010, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations including a $5,000 penalty. The penalty has been paid in full.

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:

Christopher Wittstadt & Baltimore Home Specs, LLC – Baltimore County:  On October 14, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000 for alleged violations.

 

 

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