Department of Environment Issues 41 Enforcement Actions

Press Release

Maryland Department of the Environment

Media Contacts:
Kim Lamphier or Jay Apperson
(410) 537-3003
editor.mde@maryland.gov
Jay.Apperson@maryland.gov

Department of Environment Issues 41 Enforcement Actions Agency Seeks Over $900,000 in Penalties for Alleged Violations of Water, Air, and Land Regulations

BALTIMORE, MD (December 2, 2010) – The Maryland Department of the Environment today announced 41 recent major enforcement actions seeking penalties totaling more than $900,000 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 applied fairly across the board."

Water Pollution Enforcement Actions

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.

3809 Crain Limited Partnership and Hartge Yacht Yard - Anne Arundel County

On October 19, 2010, MDE executed a Settlement Agreement and Consent Order to address alleged violations. The agreement requires corrective actions to remove unauthorized structures not otherwise approved during an after-the-fact permit application process and a $4,200 payment to the Tidal Wetlands Compensation Fund.

Earth disturbances that exceed one acre are required to obtain a Permit for Stormwater Discharges Associated with Construction Activity from MDE. The Permit requires that an approved erosion and sediment control plan be obtained and implemented and that self-monitoring inspections occur and that a log of such inspections be maintained.

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.

Wayson Land Holdings Limited Partnership - Calvert County

On October 26, 2010, Wayson Land Holdings Limited Partnership paid a $600 penalty to the Maryland Clean Water Fund to resolve alleged violations including performing earth disturbance greater than one acre at the Clyde Jones Road Industrial Flex Space Units construction project located in Owings without a stormwater discharge permit.

M.P. Zink Construction Inc. - Anne Arundel County

On September 24, 2010, M. P. Zink Construction Inc. paid a $2,700 penalty to the Maryland Clean Water Fund to resolve alleged water pollution control violations including failure to maintain records as required by the General Stormwater Discharge Permit Associated with Construction Activity at the Pershing Hill Elementary School.

Thomas F. Guthmann - Baltimore City

On October 14, 2010, the Office of the Attorney General filed a Civil Complaint for Injunctive Relief and Civil Penalties in the Circuit Court for Baltimore alleging failure to comply with a previous Consent Order that required remediation of oil contaminated soils on the site, discharging pollutants to waters of the State without a discharge permit, and continuing to place oil in a position likely to unlawfully discharge to waters of the State. MDE is seeking an injunction to cease the illegal discharge of oil and other pollutants to waters of the State, and is seeking a civil penalty up to $35,000 per day for the alleged violations.

Allen Family Foods - Talbot County

- On November 5, 2010, the Office of the Attorney General filed a Civil Complaint for Injunctive Relief and Civil Penalties in the Circuit Court for Talbot County alleging failure to comply with permit terms and conditions established for the discharge of wastewater and waste sludge to groundwater. MDE alleges that the failure to comply with the Permit requirements led to contamination of groundwater, which poses a potential public health threat to residents in the vicinity and threatens to degrade the quality of surface waters that are recharged by the groundwater. MDE is seeking an injunction requiring compliance with all conditions of its discharge permit and is seeking penalties up to $10,000 per day for the alleged violations.

Pinewood Hills Condominium and Recreation Association - Prince George's County

On November 9, 2010, MDE issued an Administrative, Complaint, Order and Penalty seeking a $17,000 penalty for alleged unlawful discharges of sewage to waters of the State for a period of 17 days. Pinewood Hills has performed corrective action to fix the broken pipe that caused the alleged unauthorized discharge.

S.H. Landsman & Son Inc. - Baltimore City

On October 20, 2010, MDE and S. H. Landsman & Son Inc. finalized an Administrative Settlement Agreement, including a $6,500 payment to the Clean Water Fund, to resolve alleged unauthorized discharges of oil and metal shavings to waters of the State.

Washington Suburban Sanitary Commission - Montgomery County

On September 29, 2010, the Washington Suburban Sanitary Commission paid $5,200 to the Clean Water Fund to resolve alleged water pollution violations that occurred on July 10, 2009. During the de-wateringof a 42-inch water main, chlorinated water was discharged to waters of the State. Corrective actions have been taken to address the alleged violations at the site.

Calvert County Department of Public Works

On October 14, 2010, the Calvert County Department of Public Works paid $9,600 to resolve three alleged unauthorized discharges of wastewater from the Solomons Wastewater Treatment Plant and Collection System. Corrective actions have been taken to resolve the problem.

Erdman Healthcare Facilities Company - Calvert County

On October 14, 2010, Erdman Healthcare Facilities Company paid $53,550 to the Clean Water Fund to resolve alleged sediment control and general discharge permit violations that occurred at the Calvert Medical Arts Center construction project. Corrective actions have been taken to address the alleged violations and the project is now complete.

Pine Valley Construction Inc. /Jeffrey Zimmerman - Queen Anne's County

On November 9, 2010, MDE issued an Administrative Complaint, Order and Penalty requiring corrective action and an $8,200 penalty for alleged violations including depositing soil and construction debris at the site in a position likely to pollute waters of the State.

Intercounty Constructors, SHA Intercounty Connector (ICC) - Montgomery County

On October 25, 2010, Intercounty Constructors General Partnership paid $25,500 to the Clean Water Fund to resolve alleged sediment control and discharge permit violations that occurred at the ICC, Contract A construction project near Rockville. Subsequent inspections have shown that the site is now in compliance.

Allegany County Commissioners, Burbridge Building

On October 20, 2010, Allegany County paid $1,850 to the Clean Water Fund to resolve alleged discharge permit violations that occurred during the construction of the Burbridge Building near Cumberland. The violation has been corrected.

C. William Hetzer Inc., Hagerstown Community College, Washington County

On October 28, 2010, C. William Hetzer Inc. paid $4,620 to the Clean Water Fund to resolve alleged sediment control and discharge permit violations that occurred during the construction of Parking lots "N" and "O" on the campus. The violations have been corrected.

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.

Schmidt Baking Company - Baltimore County

On October 26, 2010, a Baltimore County Circuit Court judge approved a Consent Decree to address alleged violations including failure to operate air pollution control equipment that controls emissions of volatile organic compounds (VOC) and failure to conduct a stack test of the equipment. The Consent Decree requires that Schmidt pay a $75,000 penalty and install additional air pollution control equipment to reduce VOC emissions in another part of the operation.

Asbestos Enforcement Actions



Asbestos is a hazardous air pollutant that is regulated by the State and federal governments. Asbestos-related diseases include asbestosis, lung cancer, mesothelioma, and digestive system cancers. The State of Maryland regulates how persons work with asbestos and also regulates those who train persons to work with asbestos

Page Technologies - Baltimore City and Washington County

On October 27, 2010, an Administrative Law Judge found Page Technologies in violation of Maryland regulations controlling asbestos at two job sites and ordered payment of a $13,500 penalty. The judge found that Page failed to provide notification of asbestos removal activity, failed to conduct air monitoring, failed to properly dispose of and label removed asbestos, and failed to timely remove asbestos from the job sites.

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.

Michaels & Hamam, D.D.S. - Prince George's County

On October 26, 2010, MDE issued a Complaint and Administrative Penalty seeking an $8,000 penalty for violations of Maryland radiation machine regulations.

Potomac Prompt Medical Care - Montgomery County

On October 26, 2010, MDE issued a Complaint, Order, and Administrative Penalty seeking a $10,000 penalty for failure to certify its radiation machines.

Land Pollution Enforcement Actions



Oil Control

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.

Moshe Raphaely & PIGAMA LLC - Baltimore City

On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $27,000 for alleged violations.

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:

Tioga Capital LLC - Baltimore City

1 affected property - On October 29, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500 for alleged violations.

Eugene A. Kirkland - Baltimore City

3 affected properties - On November 3, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $16,000 for alleged violations.

William Hazlehurst, Jr. - Baltimore City

1 affected property - On November 3, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $60,000 for alleged violations.

SLAM LLC - Baltimore City

: 10 affected properties - On November 3, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000 for alleged violations.

Alverine Lawson - Baltimore City

1 affected property - On November 3, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $11,000 for alleged violations.

Rhonda R. Brown - Baltimore City

5 affected properties - On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $30,000 for alleged violations.

Roger L. Johnson - Oakland, Garrett County

1 affected property - On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $20,000 for alleged violations.

Veronica C. Ejikeme - Baltimore City

1 affected property - On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000 for alleged violations.

Jeanette B. Leath & Rita J. Minnis - Baltimore City

3 affected properties - On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $33,000 for alleged violations.

GJM I, LLC - Baltimore City

2 affected properties - On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $50,000 for alleged violations.

Fareed Nassor Hayat - Baltimore City

9 affected properties - On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $40,000 for alleged violations.

Terence Brooks - Baltimore City

2 affected properties - On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $17,000 for alleged violations.

Joanne C. Benson - Hagerstown, Washington County

2 affected properties - On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $19,000 for alleged violations.

Oluwaseyi A. Banjo - Baltimore City

1 affected property - On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $17,000 for alleged violations.

Herman L. Fortson, Jr. - Baltimore City

1 affected property - On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $17,500 for alleged violations.

The Frederick Avenue Development Corporation - Baltimore City

10 affected properties - On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $65,000 for alleged violations.

Matthew Courtney - Hagerstown, Washington County

1 affected property - On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $37,000 for alleged violations.

Steven & Shirl Harrison - Washington Grove, Montgomery County

1 affected property - On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $20,500 for alleged violations.

Michelle Goland & Diana Omolade - Baltimore City

2 affected properties - On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $18,000 for alleged violations.

John Rollins - Hagerstown, Washington County

1 affected property - On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $24,000 for alleged violations.

FPD Acquisitions Corporation - Baltimore City

18 affected properties - On November 3, 2010, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The Defendants agreed to a penalty of $5,000.

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:

Troy Williams - Baltimore City

On November 12, 2010, MDE issued an Administrative Complaint, Order and Penalty seeking $10,000 for alleged violations.



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