Department of Environment Issues Enforcement Actions

MEDIA CONTACTS:

Samantha Kappalman
samantha.kappalman@maryland.gov

Jay Apperson
jay.apperson@maryland.gov

FOR IMMEDIATE RELEASE:

DEPARTMENT OF ENVIRONMENT ISSUES ENFORCEMENT ACTIONS

Agency Seeks Penalties, Corrective Actions for Alleged Violations of Land, Air and Water Regulations

BALTIMORE, MD (May 15, 2014) – The Maryland Department of the Environment today announced major enforcement actions in recent months for alleged violations of State and federal environmental laws to protect public health and our land, air, water and wetlands resources.

“The Maryland Department of the Environment’s top priority is to protect public health and our environment. A consistent baseline of enforcement action 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 for 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:

Eva E. Sherman Hejazi – Baltimore City:  1 affected property – On December 3, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,000 for alleged violations.

Fausto Richard Pannoni and Gregory Andrew Pannoni – Baltimore City:  3 affected properties – On December 3, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $44,000 for alleged violations.

Amadou Diallo – Baltimore City:  6 affected properties – On December 3, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $33,000 for alleged violations.

Teresa M. Almony and Gary Z. Lerner – Berlin, Worcester County:  1 affected property – On December 6, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.

Majestic Investment Group, LLC – Baltimore, Baltimore County:  2 affected properties – On December 6, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,000 for alleged violations.

HMJ 1411 Division, LLC – Baltimore City:  1 affected property – On December 6, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $15,000 for alleged violations.

Pilar Concepts, LLC – Annapolis, Anne Arundel County:  1 affected property – On December 6, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,000 for alleged violations.

Joseph Gruver and Jennifer Doney-Gruver – Annapolis, Anne Arundel County:  1 affected property – On December 12, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.

Edward Vaughn and Irene Vaughn – Baltimore City:  4 affected properties – On December 12, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.

Irving B. Watkins, Jr. – Westminster, Carroll County:  3 affected properties – On December 13, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $38,500 for alleged violations.

Patterson Park I, LLC – Baltimore City:  4 affected properties – On December 19, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.

Hiram Holton – Baltimore City:  2 affected properties – On December 19, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $44,000 for alleged violations.

Mary R. White – Baltimore City:  1 affected property – On January 9, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $26,500 for alleged violations.

Charles David Duckett – Baltimore City:  1 affected property – On January 9, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.

Shokrollah Afah and Jakline Afrah – Baltimore City:  4 affected properties – On January 9, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.

Patterson Park IV, LLC – Baltimore City:  1 affected property – On January 15, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,000 for alleged violations.

Thomas Wall, Jr, and Mae Lynn Wall – Pocomoke City, Worcester County:  2 affected properties – On January 15, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $44,000 for alleged violations.

Curtis H. Sarratt – Edgewater and Annapolis, Anne Arundel County, and Baltimore City:  3 affected properties – On January 8, 2014, 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 $13,750.

Richard Dunn – Baltimore City:  9 affected properties – On January 14, 2014, 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 $6,000.

Ambrose A. Wright and Rossana M. Wright – Baltimore City:  5 affected properties – On January 17, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $44,000 for alleged violations.

Leona Z. Martin and Carol Z. Swope – Baltimore City:  1 affected property – On January 17, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.

Daisy M. Wallace – Baltimore City:  7 affected properties – On January 17, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $38,500 for alleged violations.

VG Property Management 108, LLC – Baltimore City:  1 affected property – On January 17, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.

Subhi Badra and Badra Properties, LLC – Baltimore City:  26 affected properties – On January 27, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $50,000 for alleged violations.

Raydon Properties, LLC – Baltimore City:  1 affected property – On January 27, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $30,000 for alleged violations.

Chetan Mehta, Charlulata Mehta and Kamla, LLC – Baltimore City:  6 affected properties – On January 29, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking a combined $31,000 for alleged violations.

Kara Turner and Clinton Turner, Jr. – Baltimore City:  3 affected properties – On January 29, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $12,500 for alleged violations.

David J. Alt, Jr. – Manchester & Westminster, Carroll County:  16 affected properties – On January 29, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $25,000 for alleged violations.

Daniel Lopez, Jr., Trustee – Baltimore, Baltimore County & Baltimore City:  6 affected properties – On January 17, 2014, 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 $6,000.

Jonas Eshelman and Steven Crouch – Baltimore City:  64 affected properties – On January 18, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $50,000 for alleged violations.

CE Realty, LLC – Baltimore City:  72 affected properties – On February 18, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $50,000 for alleged violations.

Fourtweleve, LLC – Baltimore City:  6 affected properties – On January 24, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $12,000 for alleged violations.

Willco Management Holdings, LLC – Baltimore City:  9 affected properties – On January 24, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,000 for alleged violations.

Allen L. Johnson, Jr. – Baltimore City:  4 affected properties – On March 10, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $33,000 for alleged violations.

Sarah Jean Peck – Baltimore City:  2 affected properties – On March 13, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $15,000 for alleged violations.

Lida M. Anderson – Baltimore City:  1 affected property – On March 10, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,000 for alleged violations.

Hillside Nominee, Inc. – Baltimore, Baltimore County:  11 affected properties – On February 18, 2014, 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 $9,000. 

Gabrielle Buck – Port Deposit, Cecil County:  6 affected properties – On March 14, 2014, 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 $7,500.

Note: An earlier version stated that an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking a penalty for alleged violations had been issued to Imad Rababeh. MDE subsequently withdrew that complaint.

 

Hazardous Waste

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.

Elkton Sparkler Co., Inc. and Hances Point Holding Company – North East, Cecil County:  On February 3, 2014, MDE entered into a Settlement Agreement and Consent Order requiring compliance with Maryland’s Controlled Hazardous Substance laws. The defendants agreed to a penalty of $10,000.

ZENTECH Manufacturing, Inc. – Windsor Mill, Baltimore County:  On March 5, 2014, MDE issued a Notice of Violations requiring compliance with Maryland’s Controlled Hazardous Substance laws and seeking $5,000 for alleged violations.

DANA Containers, Inc. – Baltimore City:  On March 5, 2014, MDE issued a Notice of Violations requiring compliance with Maryland’s Controlled Hazardous Substance laws and seeking $5,000 for alleged violations.

Oil Control (UST)

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.

Xianting Cao a.k.a. Charles Cao and Middle Branch Marina, Inc. – Baltimore City:  On January 13, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s UST laws and seeking $100,000 for alleged violations.

RKRJ Realty, LLC – Frederick, Frederick County:  On February 11, 2014, MDE issued a Notice of Violation requiring compliance with Maryland’s UST laws and seeking $10,000 for alleged violations.

Jamal Hamad c/o EZ Food Store, Inc. – Willards, Wicomico County:  On February 18, 2014, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s UST laws and seeking $15,500 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.

 

Eastman Specialties Corporation – Kent County: On February 27, 2014, MDE executed a Settlement Agreement with Eastman Specialties to address alleged violations of air pollution requirements. Eastman failed to properly operate its air pollution control devices for volatile organic compounds (VOCs). Eastman has since returned to compliance.  The Settlement Agreement requires Eastman to pay a $35,000 penalty.

NuStar Terminals – Baltimore City: On March 5, 2014, MDE executed a Settlement Agreement with NuStar to address alleged violations of air pollution requirements. NuStar failed to properly operate its air pollution control device for volatile organic compounds (VOCs).  NuStar has since returned to compliance. The Settlement Agreement requires NuStar to pay a $19,000 penalty.

Fil-Tec Inc. – Washington County: On April 2, 2014, MDE executed a Settlement Agreement with Fil-Tec to address alleged violations of air pollution requirements. Fil-Tec failed to properly operate its air pollution control device for volatile organic compounds (VOCs).  Fil-Tec has since returned to compliance. The Settlement Agreement requires Fil-Tec to pay a $36,000 penalty.

Radiation Machines Division

The following action is in response to alleged violations of Maryland regulations for the control of ionizing radiation from use of radiation (x-ray) machines.

Vaqar A. Choudry, D.D.S. – Washington County: On March 5, 2014, a Complaint Order, and Administrative Penalty in the amount of $6,000 was issued to Vaqar A. Choudry, D.D.S. for alleged radiation machine violations.

Radioactive Materials Licensing and Compliance Division

 

The following action is in response to alleged violations of Maryland regulations for the control of ionizing radiation from possession and use of radioactive material.

Cardinal Health Nuclear Pharmacy Services – Prince George’s County: Cardinal Health Nuclear Pharmacy Services dispensed doses of an incorrect radiopharmaceutical on July 25, 2013. On February 25, 2014, MDE signed a settlement agreement with the pharmacy. The settlement agreement requires the pharmacy to pay a $10,000 penalty.

Water Pollution Enforcement Actions

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.  A  person must hold a discharge permit issued by MDE before the person may construct, install, modify, extend, alter or operate any facility or disposal system or any other outlet or establishment if its operation could cause or increase the discharge of pollutants into waters of the State. 

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. 

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 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. 

Huntingtown High School – Calvert County: On October 16, 2013, MDE issued a Consent Order to the Calvert County Board of Education to resolve alleged discharge permit violations at the Huntingtown High School wastewater treatment plant. The alleged violations occurred between January 2008 and July 2012. The Consent Order requires upgrades to the wastewater treatment plant to ensure compliance with discharge permit limits and assesses a penalty of $20,000.

Corvias Military Living, LLC – Anne Arundel County:  On November 15, 2013, Corvias Military Living, LLC, paid $5,750 to the Clean Water Fund to settle alleged sediment and erosion control and water pollution violations that occurred during construction activity at the Fort Meade Apartments and Neighborhood Center project.

45th Street Villages, LLC – Ocean City, Worcester County:  On November 22, 2013, 45th Street Villages, LLC, paid $5,000 to the Clean Water Fund to settle alleged tidal wetland violations that involved placing fill in a vegetative marsh at the 45th Street Shopping Village Service Park site.

Catonsville Builders, Inc., Raincliffe Properties – Sykesville, Carroll County: On December 24, 2013, Catonsville Builders, Inc., paid $5,000 to the Clean Water Fund to settle alleged NPDES Construction Stormwater Permit violations that occurred at the Raincliffe Properties residential townhomes construction project. The alleged violations have been corrected.

Calvert County Day School, Inc. (The Calverton School) – Huntingtown, Calvert County:   On January 9, 2014, the Calvert County Day School, Inc. (The Calverton School) paid $10,000 to the Clean Water Fund to settle alleged violations. The approved erosion and sediment control plan was not implemented and maintained on site at the Calvert County Day School (The Calverton School) athletic field.

DB Aster, LLC –  Largo, Prince Georges County:  On January 13, 2014, MDE and DB Aster, LLC executed a Settlement Agreement and Penalty to resolve alleged sediment and erosion control and water pollution violations that occurred during a construction project at Landover Road and 75th Avenue. The settlement agreement requires payment of $7,000 to the Clean Water Fund.  Follow-up inspections by MDE confirmed that the alleged violations have been corrected. 

Joseph Smith & Sons, Inc. – Capitol Heights, Prince Georges County: On January 16, 2014, Joseph Smith & Sons, Inc. (JSS) paid $12,600 to the Clean Water Fund to settle alleged violations of the General Permit for Stormwater Discharges Associated with Industrial Activity at the JSS scrap processing facility. The alleged violations have been corrected.

Birdlawn, LLC and Dirt Plus, Inc. – Fort Washington, Prince Georges County:  On January 27, 2014, MDE, Birdlawn LLC and Dirt Plus, Inc, executed a Settlement Agreement and Penalty  to resolve alleged sediment and erosion control and water pollution violations that occurred during a construction project on Nancy Lane. The settlement agreement requires payment of $30,000 to the Clean Water Fund. Follow-up inspections by MDE confirmed that the alleged violations have been corrected. 

Charlotte Hall Investment Properties, Mark Vogel Companies, Inc. and Mark R. Vogel – Charlotte Hall, Charles County: On January 27, 2014, MDE, Charlotte Hall Investment Properties, Mark Vogel Companies, Inc. and Mark R. Vogel executed a Settlement Agreement and Penalty to resolve alleged sediment control, sediment pollution and water pollution violations that occurred during construction activity on Three Notch Road. The settlement agreement requires payment of $20,000 to the Clean Water Fund. Corrections have been completed.

Potomac Edison Company, Primary Electric Line Replacement Project – Hagerstown, Washington County: On January 8, 2014, Potomac Edison Company paid $5,000 to the Clean Water Fund to settle alleged sediment control and NPDES Construction Stormwater Permit violations that occurred at the Primary Electric Line Replacement project. The alleged violations have been corrected.

Greenland Beach Yacht Basin, Inc. – Baltimore City: On March 6, 2014, MDE and Greenland Beach Yacht Basin, Inc. executed a Settlement Agreement and Penalty to resolve alleged NPDES violations that occurred at the Stoney Creek Bridge Marina on Greenland Beach Road. A $9,000 penalty was assessed.

William S. Pusey/Bayside Farms, A Maryland Limited Partnership – Worcester County: On February 25, 2014, MDE, William S. Pusey and Bayside Farms executed a Settlement Agreement and Penalty to resolve alleged sediment control, nontidal wetlands and waterway construction violations that occurred on Snow Hill Road.  The Settlement Agreement requires restoration of the affected site and assesses a $7,000 penalty.  

Town of Perryville – Cecil County: On March 11, 2014, MDE and the Town of Perryville executed a Settlement Agreement to resolve alleged violations of the ammonia, annual total nitrogen and annual total phosphorus effluent permit requirements during the period September 2012 through December 2013.  The Settlement Agreement includes the assessment of a $58,576 penalty. MDE has determined that corrections have been implemented.

# # #

ae1a-ewspw-web2