Maryland Department of the Environment (MDE)

Maryland Department of the Environment issues 25 enforcement actions

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Today the Maryland Department of the Environment (MDE) announced twenty-five recent enforcement actions resulting in penalties totaling $366,750 in response to violations of MDE requirements for waste, water, and air and radiation waste management.

“The Maryland Department of the Environment’s top priority is to protect public health,” said MDE Secretary Shari T. Wilson. “A consistent baseline of enforcement actions, which we are publicizing widely, not only helps prevent further risks to public health but also deters future violations. In addition, as MDE works toward our goal to eliminate childhood lead exposure by 2010, a key component is ensuring that property owners are in compliance with State laws.”

Waste Management Enforcement Actions

MDE’s Waste Management Administration works to reduce the quantity and toxicity of generated wastes through recycling and source reduction, to ensure the control and proper disposal of waste, to assure that oil is handled in an environmentally safe manner, and to assure that contaminated sites are remediated for viable economic development.

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 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 out of compliance with lead risk reduction standards:

Anthony Guy, Baltimore City: 8 affected properties – On November 21, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $37,500.

Jeffery V. Vogel, Baltimore City: 1 affected property – On November 21, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $15,000.

Gloria Foster, Baltimore City: 1 affected property – On November 21, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $14,000.

Charlotte Brome, Baltimore City: 2 affected properties – On November 24, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $25,000.

Thomas W. Newman and Suzanne E. Newman, Easton, Talbot County: 1 affected property – On December 7, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $27,500.

Ronald F. Lee, Jr. and Geneva G. Lee, Baltimore City: 1 affected property – On December 7, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $21,000.

Willco Management Holdings, LLC, Baltimore City: 26 affected properties – On December 7, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $35,000.

Richard Williams, Baltimore City: 3 affected properties – On December 7, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $15,500.

Santiago Comayagua, Hagerstown, Washington County: 1 affected property – On December 12, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $21,000.

Oil Cases
Any person who transfers nonedible oils into Maryland requires an oil transfer license. The licensee must submit quarterly reports indicating the volume and method of oil transferred into the State, and a fee per barrel of oil transferred is assessed at the first point of transfer and paid quarterly. Oil transfer fees are used to fund the State’s oil control and spill response activities.

World Wide Racing Fuels, LLC: On November 18, 2008, MDE issued an Administrative Complaint, Order and Penalty seeking $5,000 for failure to comply with oil transfer license fee requirements.

Koala Energy, Incorporated: On December 7, 2008, MDE issued a Complaint and Penalty seeking $30,000 for failure to comply with oil transfer license fee requirements.

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.

John F. Tilghman and Sons, Inc., Salisbury, Wicomico County: On December 7, 2008, MDE issued an Administrative Complaint and Penalty seeking $65,000 for violating UST regulations.

Water Management Enforcement Actions

MDE’s Water Management Administration protects the public health and the aquatic environment by carefully managing Maryland’s surface and groundwater resources, maintaining safe and reliable drinking water supplies and wastewater treatment systems, and restoring and preserving Maryland’s water and wetlands through efficient and effective implementation of state and federally mandated pollution control and resource management programs.

Environment Article, Title 16 of Maryland law requires that any work conducted in tidal wetlands and waterways of the State notify MDE of such activities before starting any work. In appropriate instances, MDE will issue a license or give approvals authorizing the work to be conducted. The tidal wetlands aspects of the law and related regulations were developed to allow reasonable access to Maryland’s waters while protecting State resources that depend on unobstructed and open waterways and wetlands.

Advanced Marine Construction, LLC, Charles County: On December 1, 2008, MDE assessed a $500 penalty for violations of Title 16. Specifically, Advanced Marine Construction, LLC violated the terms of the issued wetlands permit by constructing additional platform space. Advanced Marine Construction, LLC abated the violation and agreed to the payment.

Environment Article, Title 5 of Maryland Law requires that MDE be notified of any work conducted in nontidal
wetlands, their buffers, and waterways of the State before starting any work. MDE will issue a permit authorizing the work to be conducted as appropriate. The regulations governing nontidal wetlands were developed to protect the State’s natural resources that depend on those wetlands while allowing property owners reasonable use of their property.

MDE v. David Dalo, Linda Dalo, and Roscoe Brown, Anne Arundel County: On December 4, 2008, MDE filed a complaint in Anne Arundel County Circuit Court seeking injunctive relief and penalties for violations of Title 5. MDE alleges that the Dalos constructed a house, yard, driveway, and cleared for a right-of-way access drive without first obtaining the proper nontidal wetlands permits. MDE alleges that Roscoe Brown was the contractor for the right-of-way access drive clearing.

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.

Sources of air pollution with the potential to significantly affect air quality must obtain a permit to operate. The Department may impose reasonable terms and conditions on the permit to ensure compliance and to protect public health.

Rolling Road Senior Apartments Limited Partnership (Enterprise Homes), Whiting-Turner Contracting Company, and Laney Materials, LLC, Catonsville, Baltimore County – On November 19, 2008, MDE issued a Proposed Civil Penalty in the amount of $22,500 for operating a crushing and screening operation without the required air quality permit. The penalty cites the developer, the general contractor, and the crusher/screening operator.

Asbestos Violations
Asbestos, a naturally occurring mineral that has been used in the United States for a wide range of purposes, has been found to cause cancer and can pose major health risks. Maryland laws and regulations limit public exposure to this hazardous substance. Maryland laws and regulations also require that asbestos removal be performed by a licensed contractor.

Potomac Abatement, Inc., Hyattsville, Prince George’s County - On December 3, 2008, Potomac Abatement paid a penalty of $1,500 for violations of asbestos regulations. MDE inspectors observed that workers failed to post notification signs and to wet removed asbestos.

Gasoline Vapor Violations
Gasoline vapor recovery at gas stations is essential to protecting air quality. Maryland has strict air quality regulations that require the proper recovery of gasoline vapors when refueling vehicles.

Joppa Farm Citgo, Joppa, Harford County – On November 24, 2008, Joppa Farm Citgo paid a penalty of $1,500 for violations of Stage II Vapor Recovery requirements.

Texaco, Hyattsville, Prince George’s County – On November 24, 2008, Texaco, Hyatttsville paid a penalty of $1,500 for violations of Stage II Vapor Recovery requirements.

Joppa BP, Joppa, Harford County – On December 4, 2008, Joppa BP paid a penalty of $1,500 for violations of Stage II Vapor Recovery requirements.

Radiation Enforcement Actions
Users of technologies that employ radiation, such as medical and industrial X-ray equipment and devices that contain radioactive material, must meet strict requirements to protect public health. These requirements lay out in detail various performance requirements for X-ray machines, precautions for staff who operate the machines and devices, licensing of the sources of the materials used, and documentation.

Violations found in any of these cases may result in the assessment of some form of financial penalty. It is important to note that while the violations described below warrant the assessment of a penalty, there were no resulting impacts on the health and safety of the patients or staff at any of these facilities.

Towson Extreme Smiles, Towson, Baltimore County – On November 18, 2008, Towson Extreme Smiles paide a penalty of $4,000 for violation of Maryland radiation control regulations relating to use of radiation machines.

Walbrook Foot Center (Denise A. Beach, D.P.M), Baltimore City – On November 20, 2008, Walbrook Foot Center paid a penalty of $500 for violation of Maryland radiation control regulations relating to use of radiation machines.

Richard C. Tatum, D.D.S., Columbia, Howard County – On December 3, 2008, Richard C. Tatum, D.D.S., paid a penalty of $500 for violation of Maryland radiation control regulations relating to use of radiation machines.

Tracy L. Sulc, D.M.D., Owings Mills, Baltimore County – On December 4, 2008, Tracy L. Sulc, D.M.D., paid a penalty of $1,000 for violation of Maryland radiation control regulations relating to use of radiation machines.

St. Agnes Hospital, Baltimore City – On December 5, 2008, MDE issued a Complaint, Order and Penalty seeking $20,000 for irradiating a patient with a higher than prescribed dose.

James D. McGuire, D.D.S., Capitol Heights, Prince George’s County – On December 8, 2008, James D. McGuire, D.D.S., paid a penalty of $250 for violation of Maryland radiation control regulations relating to use of radiation machines.

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