Department of Environment Issues 51 Enforcement Actions

 
Press Release

Media Contact:

Jay Apperson
(410) 537-3003
Jay.Apperson@maryland.gov

Department of Environment Issues 51 Enforcement Actions Agency Seeks Penalties, Corrective Actions for Alleged Violations of Land, Air, and Water Regulations

BALTIMORE, MD (Nov. 21, 2011) – The Maryland Department of the Environment today announced 51 recent major enforcement actions for alleged violations of MDE 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 Secretary Robert M. Summers. “The majority of Maryland businesses comply with environmental laws. A strong and fair enforcement program protects their 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 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:

 

Island Farm Branch, LLC – Norrisville, Harford County: 1 affected property – On July 18, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $25,000 for alleged violations.

 

Samuel Brannon Jr. – Baltimore City: 1 affected property – On July 18, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $16,500 for alleged violations.

 

Permy Thuha – Baltimore City: 1 affected property – On July 18, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $32,500 for alleged violations.

 

Aeron Alberti and Gregory Wolf – Baltimore City: 7 affected properties – On July 27, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking a combined $18,000 for alleged violations.

 

John T. Bell – Rockville, Takoma Park, and Washington Grove, Montgomery County: 5 affected properties – On July 27, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $36,000 for alleged violations.

 

Cathedral Court, LLC – Baltimore City: 1 affected property – On July 27, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $300,000 for alleged violations.

 

Albert R. Peltier, Oliver Robinson, and Gerald H. Mathis – Baltimore City: 3 affected properties – On July 27, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking a combined $38,000 for alleged violations.

 

Therese C. Collins – Centreville, Queen Anne’s County: 4 affected properties – On August 1, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $32,000 for alleged violations.

 

Henry M. Osowiecki and Joan R. Osowiecki – Salisbury, Wicomico County: 1 affected property – On August 2, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $27,500 for alleged violations.

 

Zenith Properties, LLC – Baltimore City: 10 affected properties – On August 8, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $17,500 for alleged violations.

 

Kevin Richards and Vivian Richards – Baltimore City: 3 affected properties – On August 8, 2011, MDE issued an Amended Administrative Complaint, Order, and Penalty seeking a revised amount of $40,000 for alleged violations.

 

Eleanor Schieferstein – Baltimore City: 7 affected properties – On August 9, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $33,000 for alleged violations.

 

Gwendolyn L. Noble and Jay Noble – Baltimore City: 1 affected property – On August 15, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking a combined $35,000 for alleged violations.

 

Anthony Francis – Baltimore City: 1 affected property – On August 15, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $22,000 for alleged violations.

 

David Ghunaim and Jacqueline V. Ghunaim – Oldtown, Allegany County: 1 affected property – On August 15, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking a combined $16,500 for alleged violations.

 

Bonnie A. Engelman and Ashley Blair Engelman – Baltimore City: 1 affected property – On August 15, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking a combined $16,500 for alleged violations.

 

Jason Edwards, Sr. and Sharon Tureman –  Baltimore County: 1 affected property – On August 15, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking a combined $22,000 for alleged violations.

 

Michael G. Hughes – Cumberland, Allegany County: 2 affected properties – On August 15, 2011, MDE issued an Administrative Complaint, Order, and Penalty seeking $22,000 for alleged violations.

 

Midview Properties, LLC, and David George – Hagerstown and Williamsport, Washington County: 8 affected properties – On July 18, 2011, MDE entered into a Settlement Agreement and Consent Order to resolved alleged violations. The defendants agreed to a penalty of $5,000.  The penalty has been paid.

 

St. John’s College – Annapolis, Anne Arundel County: 5 affected properties – On July 27, 2011, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations.  The defendant agreed to penalty of $6,000.

 

Oxon Terrace Apartments, Inc., and Oxon Park Apartments, Inc. – Temple Hills, Prince George’s County: 29 affected properties – On August 4, 2011, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The defendants agreed to a combined penalty of $15,000. The penalty has been paid.

 

Nicholas G. Lodowski – Baltimore City: 15 affected properties – On August 9, 2011, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The defendant agreed to a penalty of $9,000. The penalty has been paid.
 

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:

 

A.S.B. Enterprises, LLC:  On August 2, 2011, MDE issued an Administrative Complaint, Order and Penalty seeking $10,000 for alleged violations.

 

W A Low Lead Inspection:  On August 10, 2011, MDE issued a Notice of Violation seeking $5,000 for alleged violations.

 

 

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. 

 

Charles Cao – Middle Branch Marina, Inc. – Baltimore City: On July 8, 2011, MDE issued a Notice of Violations seeking $5,850 for alleged UST violations.

 

PMG Mid Atlantic, LLC – multiple locations:  On July 28, 2011, MDE issued a Notice of Violations seeking $9,400 for alleged UST violations.

 

Patuxent Investment Corporation – multiple locations:  On July 29, 2011, MDE issued a Notice of Violations seeking $6,000 for alleged UST violations.

 

 

Oil Control (AST):

The Oil Control Program has highly trained staff to help owners ensure that their Above Ground Storage Tanks (ASTs) are in compliance with State and federal regulations. ASTs with capacities of 1,000 gallons of used oil or 10,000 gallons or more of virgin oil are required to have oil operations permits issued by the Oil Control Program.

Ground/Water Treatment & Technology, Inc., Former Chevron Facility – Baltimore City:  On August 15, 2011, MDE issued a Notice of Violation seeking $5,250 for alleged AST 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.

 

 

Canam Steel Corporation – Frederick County: On August 1, 2011, MDE entered into a Settlement Agreement with the Canam Steel Corporation for alleged violations of Maryland air pollution control requirements.  Canam Steel operates a steel coating facility. The company was cited for allegedly violating requirements pertaining to volatile organic compounds in the coatings they use. The Settlement Agreement requires Canam to pay a $29,000 penalty. Canam has since returned to compliance.

 

 

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.

 

Penniman and Browne, Inc. – Baltimore County: On July 22, 2011, Penniman & Browne, Inc. signed a Settlement Agreement for $12,000 for alleged radioactive material violations.

 

 

 

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 also requires that any activity involving earth disturbance over one acre obtain a general permit for stormwater discharges associated with construction activity. This permit requires the implementation of an approved erosion and sediment control plan prior to performing earth grading operations as well as self-monitoring inspections of the erosion and sediment controls.

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.

 

Irishtown LLLP – Queen Anne’s County: On July 26, 2011, MDE issued an administrative Complaint and Penalty to Irishtown, LLLP, for alleged sediment control, sediment pollution, and water pollution violations that occurred during construction activity at the Irishtown Farm site near Queenstown. The Complaint assesses a $170,000 penalty to resolve the alleged violations. An appeal is pending in the case. 

 

White Construction, Synergics Roth Rock Energy LLC – Garrett County: On August 5, 2011, Synergics Roth Rock Energy, LLC, White Construction, Inc. and MDE finalized a settlement agreement to resolve alleged sediment control violations that occurred during the construction of the Roth Rock Wind Farm near Red House. The agreement requires White Construction, Inc., to pay a $35,000 penalty to the Clean Water Fund.

 

North Point Builders, Inc. – Baltimore County: On July 12, 2011, North Point Builders, Inc., paid $8,700 to the Clean Water Fund to resolve the alleged violation of failing to implement and maintain erosion and sediment controls during work on an emergency culvert repair project at Towson University, which resulted in sediment pollution to an unnamed tributary to Towson Run.

 

Pleasants Construction, Inc. – Anne Arundel County: On June 28, 2011 Pleasants Construction, Inc. paid $5,000 to the Clean Water Fund to resolve the alleged violation of failing to implement and maintain approved erosion and sediment controls during sediment trap dewatering, which resulted in sediment pollution to a storm drain that leads to an unnamed tributary of the Patuxent River at the Fort George Meade Adjudication Activities Facility site.

 

Ronald Eversole – Allegany County: On July 5, 2011, Ronald Eversole paid $1,000 to the Clean Water Fund to resolve alleged sediment control violations associated with a fill site in Cumberland.

 

J&W Holding Co., LLC -- Anne Arundel County: On July 1, 2011, MDE and J&W Holding Co, LLC (J&W) finalized a consent order to resolve alleged sediment control, water pollution, and wetlands violations in the 7900 block of Solley Road, Glen Burnie.  The consent order requires J&W Holding Co. to comply with all provisions of the site restoration plan approved by the Department and to pay $2,500 to the Maryland Clean Water Fund. 

 

 

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.

 

Levindale Geriatric Center and Hospital – Baltimore City: On August 5, 2011, the Levindale Geriatric Center and Hospital paid $800 to the Maryland Clean Water Fund to resolve sanitary sewer overflows reported from the hospital sewage collection system on June 7, 2010. 

 

Queen Anne’s County Sanitary District – Queen Anne’s County: On August 4, 2011, Queen Anne’s County Sanitary District paid $6,400 to the Clean Water Fund to resolve sanitary sewer overflows that occurred from April 2009 through October 2010 from the Queen Anne’s County sewage collection system. 

 

Town of Perryville – Cecil County: On August 3, 2011, the Town of Perryville paid $800 to the Clean Water Fund to resolve a sanitary sewer overflow that occurred in March 2010 from the Town’s collection system

 

Cecil County Department of Public Works – Cecil County: On August 3, 2011, Cecil County DPW paid $9,400 to resolve alleged ammonia nitrogen effluent discharge permit violations that occurred at the Cherry Hill Wastewater Treatment Plant in January, February, and March 2010.

 

DIA-LYNN, Inc., Happy Hills Campground – Washington County:  On August 8, 2011, DIA-LYNN Incorporated and MDE finalized an administrative consent order to resolve alleged water pollution violations associated with the discharge permit issued for the Campground’s Wastewater Treatment Plant near Hancock. The consent order requires submission of a compliance plan for review and approval and payment of a $5,000 penalty to the Clean Water Fund. 

 

Saputo Cheese, USA, Inc. – Washington County: On June 9, 2011, Saputo Cheese paid $10,000 to the Clean Water Fund to resolve alleged discharge permit violations at its food processing plant near Hancock, including alleged unauthorized discharges of spray irrigated wastewater to an unnamed tributary of Little Tonoloway Creek.  

 

Bryans Road Corporation, LLC (BRC LLC) – Charles County: On July 12, 2011, BRC, LLC, paid $2,160 to the Clean Water Fund resolve alleged unlawful discharges associated with boat power washing activities and storm water discharges at the Aqualand Marina.  

 

Howard Hurley -- Charles County: On June 17, 2011, MDE and Howard Hurley finalized an administrative Settlement Agreement requiring a $1,000 penalty be paid to the Clean Water Fund in resolution of allegedly unlawful discharges of wastewater from a failed septic system in the 7400 block of Robin Road, La Plata.

 

Landsman, LLC-Summerhill Mobile Home Park -- Anne Arundel County: On July 1, 2011, MDE and Landsman, LLC, owner of Summerhill Mobile Home Park in the 1700 block of Crownsville Road, Crownsville, finalized an administrative consent order to resolve alleged water pollution violations at the park’s wastewater treatment plant. The consent order requires Landsman LLC to implement improvements to the wastewater treatment plant and to pay $25,000 to the Clean Water Fund.

 

 

 

State laws 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. 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.

 

 

Scott O’Day/O’Day Marine Construction – Baltimore County: On August 8, 2011, Scott O’Day paid $5,000 to the Tidal Wetlands Compensation Fund as required by the Default Judgment issued by the Circuit Court for Baltimore County to resolve tidal wetlands violations in the 1300 block of East Riverside Avenue, including the construction of a new bulkhead, boatlift, and pilings without obtaining a tidal wetlands license.  

 

Anthony and Ruth Mereos – Montgomery County: On July 29, 2011, The Circuit Court for Montgomery County issued an Order to Anthony and Ruth Mereos requiring that each pay a $5,000 penalty and assessed jointly and severally a civil penalty in the amount of $200,000 for failing to comply with the Court’s previous order to submit a wetland restoration plan to MDE for review and approval. 

 

William G. Corace  -- Talbot County: MDE and Mr. Corace finalized an administrative settlement agreement on June 15, 2011 to resolve alleged nontidal wetlands violations on William Corace’s property near Easton. The settlement agreement requires payment of a $5,000 penalty to the Nontidal Wetlands Compensation Fund and restoration of nontidal wetlands damage.   

 

Bradburn’s Landscaping – St. Mary’s County: On June 17, 2011, Bradburn’s Landscaping paid $3,500 to the Tidal Wetlands Compensation Fund to resolve an alleged violation of the tidal wetlands license issued for the Jeffrey Narbut property in Valley Lee through the construction of a pier and timber groin.

 

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 an MDE approved plan.

 

Ronald Shriver – Carroll County- On July 28, 2011, Ronald Shriver and MDE finalized a settlement agreement to resolve alleged waterway construction and sediment control violations that occurred on Ronald Shriver’s property along Tannery Road near Westminster. The agreement requires payment of a $1,200 penalty to the Clean Water Fund.

 

 

 

 

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