Department of the Environment Significant Enforcement Actions (April 2019 – June 2019)

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The Maryland Department of the Environment enforces State and federal environmental laws to protect public health and our land, air, water and wetlands resources.

"Enforcement is an important part of what we do to protect public health and keep our communities clean, and we do this with a balanced and common-sense approach,” said Secretary of the Environment Ben Grumbles. “The Department of the Environment works in collaboration with facilities to ensure they are in compliance with all requirements, but we will go after polluters and impose financial penalties when needed. We are committed to changing Maryland for the better – protecting and restoring our environment while providing businesses with clear expectations and a level playing field among the regulated entities."

The majority of the Department’s enforcement and compliance activities involve working with permit holders to correct any minor deficiencies with no formal enforcement action taken or financial penalties assessed. This assistance may be the most efficient method to achieve compliance. If an inspection reveals a significant violation, or if minor violations continue to recur and become a significant problem, then enhanced actions are warranted. Such action may take the form of penalties, corrective orders, the filing of injunctions and, in some cases, criminal sanctions.

The Department took 8,590 enforcement actions in Fiscal Year 2018, as reported in the Annual Enforcement and Compliance Report. Below are recent enforcement actions brought to a resolution with financial penalties of $10,000 or more.
 

 

Land Pollution Enforcement Actions

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 the Department 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.

  • The Key W Corporation – Severn, Anne Arundel County

    On April 4, 2019, the department issued a Notice of Violation requiring compliance with Maryland’s controlled hazardous substance regulations and seeking $11,000 for alleged violations. The Notice of Violation was resolved and paid in full.

 

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.

State law requires that, prior to performing construction activity, a person obtain and implement a Soil Conservation District-approved erosion and sediment control plan for any proposed land clearing or earth disturbance greater than 5,000 square feet that must be maintained for the life of the project. 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 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.

State law requires that any activity involving earth disturbance over one acre requires 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.​

  • Washington Suburban Sanitary Commission – Prince George’s County

    On May 22, 2019, the department issued a Penalty Settlement to the Washington Suburban Sanitary Commission to resolve unauthorized discharges of partially treated sewage at the Piscataway, Western Branch, and Parkway Water Resource Recovery Facilities in Prince George’s County, Maryland from February 2014 through December 2018. The settlement includes an $80,000 penalty.

  • Gilbane Building Company/ UMCP Cole Field House Project - Prince George’s County

    On March 29, 2019, Gilbane Building Company agreed to pay $62,600 to the Clean Water Fund to resolve alleged sediment control, sediment pollution and construction stormwater permit violations at the UMCP Cole Field House Renovation and Expansion Construction Project. All alleged violations have been corrected.

  • Hampstead Wastewater Treatment Plant – Carroll County

    On April 16, 2019, the department issued a consent order to the County Commissioners of Carroll County to resolve alleged effluent violations and memorialize a plan and schedule for Enhanced Nutrient Removal (ENR) upgrades at the Hampstead Wastewater Treatment Plant. The County has agreed to a $75,000 penalty, with required payment of $47,000 and the remaining $28,000 held in abeyance pending completion of the ENR upgrades. The deadline for completion of the upgrades is October 8, 2020.

  • Key Recycling– Baltimore City

    On June 7, 2019, the department issued an Administrative Complaint, Order and Penalty to Key Recycling LLC to resolve alleged sediment control and sediment pollution violations from July 2014 through the present. The department assessed a $50,000 penalty. In addition, the department is requiring Key Recycling to submit an approved erosion and sediment control plan for the site.

  • Eagle Recycling LLC – Wicomico County

    On March 4, 2019, the department issued a settlement agreement and consent order to Eagle Recycling LLC to resolve alleged stormwater control and processing of solid waste violations at the site from September 2015 through December 2018. The settlement includes a $10,000 penalty.

 

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410-537-3003​

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