{"id":51,"date":"2013-08-15T20:35:58","date_gmt":"2013-08-15T20:35:58","guid":{"rendered":"http:\/\/news.maryland.gov\/mde\/?p=51"},"modified":"2014-04-22T17:02:24","modified_gmt":"2014-04-22T21:02:24","slug":"department-of-environment-issues-enforcement-actions","status":"publish","type":"post","link":"https:\/\/news.maryland.gov\/mde\/2013\/08\/15\/department-of-environment-issues-enforcement-actions\/","title":{"rendered":"Department of Environment issues enforcement actions"},"content":{"rendered":"<p><span><b><\/b><i>Agency Seeks Penalites, Corrective Actions for Alleged Violations of Land, Air and Water Regulations\u00a0<\/i><\/span><\/p>\n<div>\n<div id=\"ctl00_PlaceHolderMain_content__ControlWrapper_RichHtmlField\">\n<p><strong>BALTIMORE, MD (August 15, 2013)<\/strong>\u00a0\u2013 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.<\/p>\n<p>\u201cThe Maryland Department of the Environment&#8217;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,\u201d said MDE Secretary Robert M. Summers. \u201cThe 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.\u201d<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p><strong><span style=\"text-decoration: underline\">Land Pollution Enforcement Actions<\/span><\/strong><\/p>\n<p>&nbsp;<\/p>\n<p><strong><em>Lead Cases<\/em><\/strong><\/p>\n<p>&nbsp;<\/p>\n<p><em>MDE\u2019s Lead Poisoning Prevention Program serves as the coordinating agency for statewide efforts to eliminate childhood lead poisoning. Under the 1994 &#8220;Reduction of Lead Risk in Housing Act,\u201d 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.\u00a0<\/em><em>Alleged violations typically involve a failure to register properties or meet lead risk reduction standards.<\/em>\u00a0<em>The following actions were for properties alleged to be out of compliance with lead risk reduction standards:<\/em><\/p>\n<p>&nbsp;<\/p>\n<p><strong>Athena Properties, Inc. \u2013 Berlin &amp; Stockton, Worcester County:\u00a0\u00a0<\/strong>3 affected properties \u2013 On May 20, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland\u2019s lead law and seeking $44,000 for alleged violations.<\/p>\n<p><strong>Herbert H. Parker \u2013 Aberdeen, Harford County:\u00a0\u00a0<\/strong>1 affected property \u2013 On May 21, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland\u2019s lead law and seeking $16,500 for alleged violations.<\/p>\n<p><strong>Domenico Petrucci and Victoria Petrucci \u2013 Baltimore City:\u00a0\u00a0<\/strong>1 affected property \u2013 On June 3, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland\u2019s lead law and seeking $22,000 for alleged violations.<\/p>\n<p><strong>Gail Hull and James T. Tarrance \u2013 Salisbury, Wicomico County:\u00a0\u00a0<\/strong>1 affected property \u2013 On June 4, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland\u2019s lead law and seeking $25,000 for alleged violations.<\/p>\n<p><strong>Darryl A. Hill and Erica M. Hill \u2013 Baltimore City:\u00a0\u00a0<\/strong>2 affected properties \u2013 On June 4, 2013, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations of Maryland\u2019s lead law. The defendants agreed to a penalty of $6,500.<\/p>\n<p><strong>Abdalatti Elghannam and Gul Sher \u2013 Baltimore City:\u00a0\u00a0<\/strong>1 affected property \u2013 On June 10, 2013, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations of Maryland\u2019s lead law. The defendants agreed to a penalty of $6,000.<\/p>\n<p><strong>George A. Feilinger \u2013 Havre de Grace and Whiteford, Harford County:\u00a0\u00a0<\/strong>2 affected properties \u2013 On June 18, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland\u2019s lead law and seeking $33,000 for alleged violations.<\/p>\n<p><strong>Carsins Run Properties, LLC \u2013 Aberdeen, Havre de Grace and Perryman, Harford County:\u00a0\u00a0<\/strong>18 affected properties \u2013 On June 26, 2013, MDE issued an Administrative Complaint Order and Penalty requiring compliance with Maryland\u2019s lead law and seeking $80,000 for alleged violations.<\/p>\n<p><strong>Carrie Jones \u2013 Baltimore City:\u00a0\u00a0<\/strong>3 affected properties \u2013 On June 26, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland\u2019s lead law and seeking $31,000 for alleged violations.<\/p>\n<p><strong>Robert J. Osborne and Richard W. Osborne \u2013 Baltimore City:\u00a0\u00a0<\/strong>1 affected property \u2013 On June 28, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland\u2019s lead law and seeking $38,500 for alleged violations.<\/p>\n<p><strong>Benjamin Bridges \u2013 Baltimore City:\u00a0\u00a0<\/strong>4 affected properties \u2013 On July 2, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland\u2019s lead law and seeking $35,000 for alleged violations.<\/p>\n<p><strong>Frank Willetts and Danielle Willetts \u2013 Cumberland, Allegany County:\u00a0\u00a0<\/strong>1 affected property \u2013 On July 2, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland\u2019s lead law and seeking $14,500 for alleged violations.<\/p>\n<p><strong>Tritex Real Estate Advisors, Inc. \u2013 Baltimore City:\u00a0\u00a0<\/strong>11 affected properties \u2013 On July 3, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland\u2019s lead law and seeking $16,000 for alleged violations.<\/p>\n<p><strong>Eric John Little \u2013 Baltimore City:\u00a0\u00a0<\/strong>1 affected property \u2013 On July 3, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland\u2019s lead law and seeking $28,000 for alleged violations.<\/p>\n<p><strong>James C. Epps, Sr. \u2013 Baltimore City:\u00a0\u00a0<\/strong>1 affected property \u2013 On July 3, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland\u2019s lead law and seeking $16,500 for alleged violations.<\/p>\n<p><strong>Blondell Blassingame and Reco Blassingame \u2013 Baltimore City:\u00a0\u00a0<\/strong>6 affected properties \u2013 On July 3, 2013, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland\u2019s lead law and seeking $10,000 for alleged violations.<\/p>\n<p><strong>Wayne E. Putman \u2013 Funkstown and Smithsburg, Washington County:\u00a0\u00a0<\/strong>4 affected properties \u2013 On June 28, 2013, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations of Maryland\u2019s lead law.\u00a0 The defendant agreed to a penalty of $6,000.<\/p>\n<p>&nbsp;<\/p>\n<p><strong><em>Hazardous Waste<\/em><\/strong><\/p>\n<p>&nbsp;<\/p>\n<p><em>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.<\/em><\/p>\n<p><strong>Sensata Technologies, Inc. \u2013 Cambridge, Dorchester County:\u00a0\u00a0<\/strong>On July 2, 2013, MDE issued a Notice of Violation requiring compliance with Maryland\u2019s Controlled Hazardous Substances laws and seeking $5,000 for alleged violations.<\/p>\n<p>&nbsp;<\/p>\n<p><strong><em>Mining<\/em><\/strong><\/p>\n<p>&nbsp;<\/p>\n<p><em>The Mining Program regulates all surface coal and non-coal mining in the State, and the surface effects from deep mining of coal. The purpose of mining permits is to minimize the effects of sediment and other pollution from surface mining. In addition to environmental controls, the permit provides for proper land reclamation and ensures public safety.<\/em><\/p>\n<p><strong>St. Charles Community, LLC \u2013 Waldorf, Charles County:\u00a0\u00a0<\/strong>On May 21, 2013, MDE issued a Notice of Violation requiring compliance with Maryland\u2019s Surface Mine Permit laws and seeking $10,000 for alleged violations.<\/p>\n<p><strong>Classic Group, LLC \u2013 Bethesda, Montgomery County:\u00a0\u00a0<\/strong>On June 4, 2013, MDE issued a Notice of Violation requiring compliance with Maryland\u2019s Surface Mine Permit laws and seeking $10,000 for alleged violations.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p><strong><span style=\"text-decoration: underline\">Air Pollution Enforcement Actions<\/span><\/strong><\/p>\n<p><em>MDE\u2019s 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\u2019s 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.<\/em><\/p>\n<p><strong>AMCOR Packaging. \u2013 Washington County:<\/strong>\u00a0On May 3, 2013, MDE entered into a Settlement Agreement with AMCOR to address alleged violations of air pollution requirements. AMCOR operates a printing plant in Hagerstown. Air pollution from the printing plant is controlled by air pollution control equipment. AMCOR failed to keep required data and records documenting that the air pollution control equipment was operating properly. AMCOR has since returned to compliance. The Settlement Agreement requires AMCOR to pay a $40,000 penalty.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p><strong><span style=\"text-decoration: underline\">Water Pollution Enforcement Actions<\/span><\/strong><\/p>\n<p>&nbsp;<\/p>\n<p><em>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.\u00a0 A \u00a0person 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.\u00a0<\/em><\/p>\n<p><em>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\u00a0 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.\u00a0<\/em><\/p>\n<p><em>Earth disturbances that exceed one acre are required to obtain a National Pollutant Discharge Elimination System Permit for Storm water Discharges Associated with Construction Activity from MDE.\u00a0 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.<\/em><\/p>\n<p><em>State laws require that property owners notify MDE before conducting any work in tidal and nontidal wetlands, their buffers, and waterways of the State.\u00a0 MDE assesses the impact of any work on tidal and nontidal wetlands and, if appropriate, will issue a permit authorizing the work.\u00a0 The regulations governing wetlands were developed to protect the State\u2019s natural resources that depend on those wetlands and minimize impacts while allowing property owners reasonable use of their property.\u00a0<\/em><\/p>\n<p><strong>Mexico<\/strong><strong>\u00a0Farms, LLC \u2013 Allegany County:\u00a0<\/strong>On August 6, 2013, Allegany County Circuit Court Judge Gary G. Leasure approved a Consent Decree between MDE and Mexico Farms, LLC, that sets requirements and deadlines for the company to address violations of environmental laws. The violations included nuisance odors and unauthorized discharges of wastewater via seeps and leaks from the facility&#8217;s storage lagoons and from its spray irrigation operation. Under the terms of the Consent Decree, Mexico Farms, LLC, must pay a $50,000 penalty.<\/p>\n<p><strong>Bozzuto Development Company \u00ad<\/strong>\u2013<strong>\u00a0Anne Arundel County:<\/strong>\u00a0 On May 28, 2013, Bozzuto Development Company paid $5,000 to the Clean Water Fund to resolve an alleged violation. The NPDES General Discharge Permit for Stormwater Associated with Construction Activity logbook was not maintained for the Bozzuto Development Company, Building 15B, Multi-Family Housing at the Annapolis Towne Center at Parole.<\/p>\n<p><strong>Congoleum Corporation\u00a0<\/strong>\u2013<strong>\u00a0Carroll County:\u00a0<\/strong>On June 27, 2013, MDE assessed a penalty of $10,000 on the Congoleum Corporation to resolve alleged effluent limitation, sampling, monitoring and reporting violations of its State Discharge Permit at Congoleum\u2019s Finksburg Facility between August 15, 2011, and October 31, 2012. The penalty was assessed in accordance with the final settlement agreement between the Congoleum Corporation and MDE.<\/p>\n<p><strong>Delmarva Power and Light Company \/ Pepco Holdings, Inc. \u00ad<\/strong>\u2013<strong>\u00a0Caroline County:\u00a0\u00a0<\/strong>On June 15, 2013, Delmarva Power and Light paid $12,000 to the Clean Water Fund to resolve alleged Sediment Control and Tidal Wetlands violations that occurred during construction of the Easton-to-Todd Transmission Line project in 2012.<\/p>\n<p><strong>Grunley-Goel Joint Venture, LLC\u00a0<\/strong>\u2013<strong>\u00a0Charles County:\u00a0\u00a0<\/strong>On June 5, 2013, Grunley-Goel Joint Venture, LLC paid 5,000 to the Clean Water Fund to resolve an alleged violation. The NPDES General Discharge Permit for Stormwater Associated with Construction Activity logbook was not maintained for the Naval Support Facility Indian Head, Demolition and Footprint Reduction Program-Phase 2 Project in Indian Head.<\/p>\n<p><strong>Kuzzens, Inc., Lipman &amp; Lipman, Inc., Six L\u2019s Packing Co., Inc.: Somerset County:<\/strong>\u00a0On May 21, 2013, MDE issued Settlement Agreement to Kuzzens, Inc., Lipman &amp; Lipman, Inc., and Six L\u2019s Packing Co., Inc. to resolve alleged violations of water pollution laws involving unauthorized discharges of wastewater from the Six L&#8217;s Packing Facility, failure to obtain a General Permit for Construction Activity and failure to obtain an Erosion and Sediment Control Plan at the Six L\u2019s Packing plant and at the Ennis Farm in Westover. On June 12, 2013, Kuzzen\u2019s, Inc., paid $40,000 to MDE to resolve the alleged violations.<\/p>\n<p><strong>McDonald and Sons\u00a0<\/strong>\u2013<strong>\u00a0Worcester County:<\/strong>\u00a0On June 4, 2013, McDonald and Sons paid $10,000 to the Clean Water Fund to resolve an alleged sediment pollution violation at the Ocean Pines Golf and Country Club on February 28, 2013.<\/p>\n<p><strong>Tough Mudder, LLC\u00a0<\/strong>\u2013<strong>\u00a0Frederick County:\u00a0<\/strong>On May 31, 2013, Tough Mudder, LLC paid $25,000 to the Clean Water Fund to resolve the alleged sediment control and water pollution violations that occurred at the Crumland Farm in September and October 2012 in connection with the Tough Mudder event.<\/p>\n<p>&nbsp;<\/p>\n<p align=\"center\"><em>###<\/em><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<div>\n","protected":false},"excerpt":{"rendered":"<p>Agency Seeks Penalites, Corrective Actions for Alleged Violations of Land, Air and Water Regulations\u00a0 BALTIMORE, MD (August 15, 2013)\u00a0\u2013 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. \u201cThe<a href=\"https:\/\/news.maryland.gov\/mde\/2013\/08\/15\/department-of-environment-issues-enforcement-actions\/\">&nbsp;&nbsp;Read the Rest&#8230;<\/a><\/p>\n","protected":false},"author":1,"featured_media":753,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[3,4,6,10,11,14,23],"tags":[26,28,38,43,51],"class_list":["post-51","post","type-post","status-publish","format-standard","hentry","category-clean-air-2","category-clean-water-2","category-enforcement-actions","category-lead-poisoning-prevention-2","category-mining","category-press-release","category-wetlands","tag-clean-air","tag-clean-water","tag-lead-poisoning-prevention","tag-mining-2","tag-stormwater"],"acf":[],"_links":{"self":[{"href":"https:\/\/news.maryland.gov\/mde\/wp-json\/wp\/v2\/posts\/51","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/news.maryland.gov\/mde\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/news.maryland.gov\/mde\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/news.maryland.gov\/mde\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/news.maryland.gov\/mde\/wp-json\/wp\/v2\/comments?post=51"}],"version-history":[{"count":26,"href":"https:\/\/news.maryland.gov\/mde\/wp-json\/wp\/v2\/posts\/51\/revisions"}],"predecessor-version":[{"id":828,"href":"https:\/\/news.maryland.gov\/mde\/wp-json\/wp\/v2\/posts\/51\/revisions\/828"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/news.maryland.gov\/mde\/wp-json\/wp\/v2\/media\/753"}],"wp:attachment":[{"href":"https:\/\/news.maryland.gov\/mde\/wp-json\/wp\/v2\/media?parent=51"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/news.maryland.gov\/mde\/wp-json\/wp\/v2\/categories?post=51"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/news.maryland.gov\/mde\/wp-json\/wp\/v2\/tags?post=51"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}