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Maryland environmental enforcement actions: Naughty Businesses of the Week

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The Maryland Department of the Environment has announced enforcement actions for the following businesses:

Land Pollution

LEAD:

MDE’s Lead Poisoning Prevention Program enforces mandatory requirements to reduce lead paint risk in rental units built before 1950. These actions were for properties that MDE officials alleged did not comply with lead standards:

Valhalla Investments, LLC and Thomas Reese – Baltimore:  Four affected properties – On April 27, 2011, MDE issued an administrative complaint, order and penalty seeking $18,000 for alleged violations.

Parkvue, LLC – Baltimore: One affected property – On May 10, 2011, MDE issued an administrative complaint, order and penalty seeking $16,500 for alleged violations.

Caroline Iwu – Baltimore:  Two affected properties – On May 10, 2011, MDE issued an administrative complaint, order and penalty seeking $16,500 for alleged violations.

James W. Martin III – Baltimore: One affected property – On May 12, 2011, MDE issued an administrative complaint, order and penalty seeking $15,000 for alleged violations.

Tiffany S. Smithrick and Lamont T. Cooper Sr. – Baltimore:  Eight affected properties – On May 12, 2011, MDE issued an administrative complaint, order and penalty seeking $18,000 for alleged violations.

Kevin Richards and Vivian Richards – Baltimore: One affected property – On May 12, 2011, MDE issued an administrative complaint, order and penalty seeking $21,500 for alleged violations.

Rebecca E. Floyd – Baltimore:  One affected property – On May 12, 2011, MDE issued an administrative complaint, order and penalty seeking $27,500 for alleged violations.

Jerome Kobernick – Baltimore:  24 affected properties – On May 10, 2011, MDE entered into a settlement agreement and consent order to resolve alleged violations. The defendant agreed to a penalty of $6,000.

2005/2006 DRR-ETS, LLC – Baltimore:  60 affected properties – On May 12, 2011, MDE entered into a settlement agreement and consent order to resolve alleged violations. The $5,000 penalty has been paid.

Oil Control (AST) Cases

The Oil Control Program has highly trained staff to help owners ensure that their aboveground 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.

Western Maryland Petroleum, LLC:  On April 28, 2011, MDE entered into a Consent Order to resolve alleged violations. The defendant agreed to a penalty of $10,000.

Mining Cases

The Mining Program regulates all surface coal and non-coal mining and the surface effects from deep mining of coal. The mining permits 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.

BBSS, Inc. - Gambrills, Anne Arundel County:  On April 20, 2011, MDE issued a notice of violation seeking $2,500 for placing fly ash outside the original footprint, an alleged violation of the consent decree. After an MDE inspector observed the alleged violation, remediation began at once. The inspector noted the following day that the alleged violation had been corrected. The penalty has been paid in full.

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.

Enviromasters, Inc. – Harford County: On April 26, 2011, MDE issued an assessed civil penalty in the amount of $10,000 for alleged asbestos violations at a job site at the Aberdeen Proving. Alleged violations include failure to provide timely notice of the asbestos job, failure to post notification signs, failure to label containers of removed asbestos, failure to cover a wall with plastic, and failure of one worker to have an asbestos ID card. The penalty has been paid.

Mack Trucks, Inc. – Washington County: On May 5, 2011, MDE signed a settlement agreement with Mack Trucks seeking a $35,000 penalty for alleged violations of Maryland air pollution control requirements at its Hagerstown plant. Mack Trucks produces engines and transmissions at this plant. Mack Trucks allegedly violated its air quality operating permit by failing to conduct visible emissions observations and failing to submit a semi-annual report in a timely fashion. Mack Trucks has returned to compliance by implementing internal measures to ensure that all reports and observations are completed in a timely fashion.

Water Pollution Enforcement Actions

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.

Washington Suburban Sanitary Commission: On February 4, 2011, the Washington Suburban Sanitary Commission (WSSC) paid $24,682 in stipulated penalties to the Maryland Clean Water Fund for sanitary sewer overflows from the WSSC collection system from January 2010 through June 2010.

Julia Hurley – La Plata, Charles County: On April 20, 2011, MDE finalized an administrative Settlement Agreement requiring a $1,000 penalty be paid to the Clean Water Fund in resolution of alleged unlawful discharges of wastewater from a failed septic system in the 7000 block of Robin Road.

Patuxent Mobile Estates/Pascal-Turner Homes – Lothian, Anne Arundel County: On May 12, 2011, Pascal-Turner Homes made a payment of $4,000 to the Maryland Clean Water Fund in resolution of sanitary sewer overflows from January 2009 through August 2010 at the Patuxent Mobile Estates community in the 5000 block of Sands Road.

Town of Hebron – Wicomico County: On February 15, 2011, the Circuit Court for Wicomico County issued the Order in Petition of the Commissioners of Hebron for Judicial Review of the Final Decision of the Maryland Department of the Environment. The Court found in favor of MDE, requiring the Town of Hebron to pay $7,680 to the Maryland Clean Water Fund to resolve alleged discharge permit violations at the Hebron Wastewater Treatment Plant.  On April 25, 2011, MDE received payment to the Clean Water Fund.

City of Salisbury – Wicomico County: On March 3, 2011, the City of Salisbury paid $9,750 in stipulated penalties to the Clean Water Fund for alleged total nitrogen violations from the Salisbury wastewater treatment plant from July 1 through September 30, 2010. 

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 1 acre are required to obtain an NPDES 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.

Dixie Construction Company, Inc. - Harford County:  On March 14 2011, Dixie Construction Company, Inc., paid $4,200 to the Maryland Clean Water Fund to resolve an alleged violation of failing to implement and maintain sediment control measures at the APG Belgian Block Course at Munson Test Track on Aberdeen Proving Ground and for allegedly placing sediment in a position likely to pollute waters of the State.

Amen Corner, LLC  - Worcester County:  On March 14, 2011, Amen Corner, LLC, paid $5,200 to the Maryland Clean Water Fund to resolve an alleged violation of failing to implement and maintain sediment control measures at Millennium Farm Partnership Chicken House in Pocomoke City and for allegedly placing sediment in a position likely to pollute waters of the State.  

Pauline B. Mallonee - Anne Arundel County:  On March 30, 2011, MDE executed a settlement agreement and consent order requiring payment of a $5,500 penalty to the Clean Water Fund for the alleged unauthorized discharge of sediment into waters of the State and alleged violations of sediment controls related to construction on the property. The order includes work to be performed, which includes completing all remaining remediation work pursuant to the approved Erosion and Sediment Control Plan and Grading and Sediment Control Plan issued by Anne Arundel County.

J. Donald and Marie Burroughs - St. Mary’s County:  On March 29, 2011, Mr. and Mrs. Burroughs paid $5,500 to the Clean Water Fund to resolve forest harvest operations that allegedly occurred at the site without the implementation of the approved erosion and sediment control plan specific to the stream crossing, placing sediment in a position likely to pollute, and causing sediment pollution to an unnamed tributary to Indian Creek.

Whiting-Turner Contracting Company - Baltimore County:  On March 18, 2011, Whiting-Turner Contracting Company paid $3,400 to the Clean Water Fund to resolve alleged sediment control violations and sediment pollution to the waters of the state by discharging to Towson Run at a construction project at the Towson West Village, Phase II site near Towsontown Boulevard.

Environmental Quality Resources, LLC- Anne Arundel County: On March 16, 2011, Environmental Quality Resources, LLC, paid $750 to the Clean Water Fund to resolve alleged violations involving sediment controls that were not implemented and maintained and placing sediment in a position likely to pollute waters of the state at the State Highway Administration bottomless arch culvert retrofit site at Corporate Center Drive, Hanover.

Dixie Construction Company, Inc. - Harford County:  On April 14, 2011, Dixie Construction Company, Inc., paid $4,800 to the Maryland Clean Water Fund to resolve an alleged violation for  failing to implement and maintain sediment control measures at the Fields at Rock Glen site in Aberdeen by allegedly dewatering the site incorrectly, directly discharging sediment to waters of the State.

B&M Excavation, Inc. - Harford County:  On May 25, 2011, B&M Excavation, Inc., paid $3,000 to the Maryland Clean Water Fund to resolve an alleged violation for failing to implement and maintain sediment control measures at the Drake Court site in Havre De Grace by allegedly dewatering the site incorrectly, directly discharging sediment to waters of the State.

Lakelands at Easton, LLC -Talbot County:  On April 21, 2011, Lakelands at Easton, LLC, paid $14,000 to the Maryland Clean Water Fund to resolve an alleged violation for continuing grading and earth-moving activities under an expired erosion and sediment control plan.

Ocean City Department of Public Works - Worcester County:  On April 21, 2011, the Ocean City Department of Public Works paid $7,000 to the Maryland Clean Water Fund to resolve an alleged violation for continuing grading and earth-moving activities under an expired erosion and sediment control plan and for failing to perform self-monitoring inspections and reporting as required by the NPDES General Permit for Construction Activity.

Ocean Downs, LLC -Worcester County:  On April 11, 2011, Ocean Downs, LLC, paid $10,000 to the Maryland Clean Water Fund to resolve an alleged violation for beginning construction and grading activities without having obtained an approved NPDES General Permit for Construction Activity.

Woda Construction, Inc., Braddock’s Greene Housing Development - Allegany County: On April 1, 2011, Woda Construction, Inc., paid $3,150 to the Clean Water Fund to resolve alleged sediment control and State Discharge Permit violations at the Braddock’s Greene Housing Development construction project in Frostburg.

Star View Plaza LLC, Star View Plaza Apartment Complex - Prince George’s County:  On April 22, 2011, Star View Plaza, LLC, paid $24,850 to the Clean Water Fund to resolve alleged sediment control, state discharge permit and state nontidal wetlands permit violations that occurred at the Star View Plaza Apartment Complex construction project in College Park.

G & J Logging, Inc., Bender and Margroff Tracts - Garrett County: On April 29, 2011, G & J Logging, Inc., paid $700 to the Clean Water Fund to resolve alleged sediment control violations that occurred at the Bender/Margroff timber harvest operation near Accident.

Wood Products, Inc., Tasker Tract - Garrett County: On May 4, 2011, Wood Products, Inc., paid $700 to the Clean Water Fund to resolve alleged sediment control violations that occurred at the Tasker timber harvest operation south of Mt. Lake Park.

BYCO Enterprises, Inc., Grantsville Tractor and Trailer Fill Site - Garrett County:  On April 28, 2011, BYCO Enterprises, Inc. paid $2,450 to the Clean Water Fund to resolve alleged sediment control violations that occurred at the Grantsville Tractor and Trailer fill site near Grantsville.

Roger Brashear, Brashear Fill Site - Allegany County: On April 27, 2011, Roger Brashear paid $1,500 to the Clean Water Fund to resolve alleged sediment control violations that occurred at the Brashear property outside of Westernport.

Cumberland Housing Alliance, Cornerstone Hill Housing Redevelopment Project - Allegany County: On April 20, 2011, the Cumberland Housing Alliance paid $2,450 to the Clean Water Fund to resolve alleged sediment control and State Discharge Permit violations that occurred at the Cornerstone Hill Housing Redevelopment construction project in Cumberland.

Cumberland Housing Authority, Banneker Gardens Housing Project - Allegany County: On April 20, 2011, the Cumberland Housing Alliance paid $ 1,000 to the Clean Water Fund to resolve alleged sediment control and State Discharge Permit violations that occurred at the Banneker Gardens Housing construction project in Cumberland. 

 Maryland Environmental Article, Title 5, requires that property owners notify MDE before conducting any work in tidal and non-tidal wetlands, their buffers, and waterways of the State.  MDE assesses the impact of any work on tidal and non-tidal 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

Harkins Builders, Inc. - Somerset County:  On March 22, 2011, Harkins Builders, Inc. paid $1,000 to the Clean Water Fund to resolve unauthorized filling of a non-tidal wetlands buffer and placing soil in a condition likely to pollute waters of the State.

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