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Volume II, Number 5

September, 2006

Enforcement and Compliance Notes July 16, 2006 to

August 15, 2006

Air & Radiation Management Administration

BP North America (Baltimore Metropolitan Area) – On August 15, MDE issued Notices of Proposed Civil Penalty totaling $79,600 to BP for violations of gas station vapor recovery requirements at gas stations in Baltimore City, Baltimore County, Anne Arundel County, Howard County, Montgomery County, and Prince George’s County. BP violated Stage II testing requirements by failing air quality tests required by the StageII regulations, failing to notify MDE of the tests and the results, and failing to submit test results.  In all, 31 stations are cited. Status: BP has 10 days to request a hearing. (Reference # ACP 06-09; 06-10; 06-11)

Namco Market (Prince George’s County) – On July 27, MDE issued an Assessed Civil Penalty in the amount of $2,200 to Namco Market for violations of gas station vapor recovery requirements.  Violations included failure to test, failure to provide test results, failure to train workers, failure to keep records, and failure to post signs. The violations have since been corrected. Status: Namco Market has 30 days to request a hearing. (Reference #ACP 05-09A)

Waste Management Administration

Evelyn A. Schillaci, Carroll County – On July 17, MDE issued an Administrative Complaint, Order and Penalty equaling $5,000 to Evelyn A. Schillaci for violating Maryland’s laws governing the disposal of scrap tires.  An inspection of her property found approximately 1,000 scrap tires disposed illegally.  Status – Evelyn A. Schillaci has 10 days to request a hearing on the Complaint and 30 days to request a hearing on the Penalty.  (Case Number C-O-AP-06-ST-257)

Hewitt Contractors, Inc., Baltimore City – On July 31, MDE issued an Administrative Complaint, Order and Penalty equaling $5,000 to Hewitt Contractors, Inc. for violating Maryland’s Lead Laws by performing lead abatement services without a valid lead accreditation certificate.  Status – Hewitt Contractors, Inc. has 10 days to request a hearing on the Complaint and 30 days to request a hearing on the Penalty.  (Case Number 2005-30-8410)

GMH Properties, LLC, Washington County – 4 affected properties – On July 31, MDE issued an Administrative Complaint, Order and Penalty equaling $16,500 to GMH Properties, LLC for violating Maryland’s Lead Laws by failing to register properties, and failure to bring the affected properties into compliance with risk reduction standards.  Status – GMH Properties, LLC have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-21-8453)

James H. Steward, Jr., Queen Anne’s County – 1 affected property – On July 31, MDE issued an Administrative Complaint, Order and Penalty equaling $20,000 to James H. Steward, Jr. for violating Maryland’s Lead Laws by failing to register a property and failure to bring the affected property into compliance with risk reduction standards.  Status – James H. Steward, Jr. has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Cases Number 2006-05-8367)

Lucille Byris, Baltimore City – 1 affected property – On July 31, MDE issued an Administrative Complaint, Order and Penalty equaling $38,500 to Lucille Byris for violating Maryland’s Lead Laws by failing to register her property, and failing to bring the affected property into compliance with risk reduction standards.  Status – Lucille Byris has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty. (Case Number 2006-30-9219)
 
Sylvester Jones and Catherine Jones, Baltimore City – 6 affected properties – On July 31, MDE issued an Administrative Complaint, Order and Penalty equaling $27,500 to Sylvester Jones and Catherine Jones for violating Maryland’s Lead Laws by failing to register their properties and failure to bring the affected properties into compliance with risk reduction standards.  Status – Sylvester Jones and Catherine Jones have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty.  (Case Number 2006-30-8943)

Anthony Effiong, Baltimore City – 2 affected properties – On July 31, MDE issued an Administrative Complaint, Order and Penalty equaling $13,000 to Anthony Effiong for violating Maryland’s Lead Laws by failing register his properties, and failure to bring the affected properties into compliance with risk reduction standards.  Status – Anthony Effiong has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty.  (Case Number 2006-30-9233)

Kevin Jackson, Baltimore City – 2 affected properties – On July 31, MDE issued an Administrative Complaint, Order and Penalty equaling $38,500 to Kevin Jackson for violating Maryland’s Lead Laws by failing register his properties, and failure to bring the affected properties into compliance with risk reduction standards.  Status – Kevin Jackson has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty.  (Case Number 2006-30-8999)

Elizabeth C. Dye and Star Management & Development, LLC, Baltimore City – 8 affected properties – On July 31, MDE issued an Administrative Complaint, Order and Penalty equaling $16,500 to Elizabeth C. Dye and Star Management & Development, LLC for violating Maryland’s Lead Laws by failing to register their properties, and failure to bring the affected properties into compliance with risk reduction standards.  Status – Elizabeth C. Dye and Star Management & Development, LLC have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty.  (Case Number 2006-30-9144)

Henri Daniels, Baltimore City – 1 affected property – On July 27, MDE issued an Administrative Complaint, Order and Penalty equaling $20,000 to Henri Daniels for violating Maryland’s Lead Laws by failure to bring the affected property into compliance with risk reduction standards.  Status – Henri Daniels has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty.  (Case Number 2006-30-8891)

Lord Tuan Seyon and Joyce Thompson Seyon, Baltimore City – 3 affected properties – On August 3, MDE issued an Administrative Complaint, Order and Penalty equaling $16,500 to Lord Tuan Seyon and Joyce Thompson Seyon for violating Maryland’s Lead Laws by failing register their properties, and failure to bring the affected properties into compliance with risk reduction standards.  Status – Lord Tuan Seyon and Joyce Thompson Seyon have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty.  (Case Number 06-30-9148)

B & R Properties, Inc., Baltimore City – 16 affected properties – On August 3, MDE issued an Administrative Complaint, Order and Penalty equaling $21,800 to B & R Properties, Inc. for violating Maryland’s Lead Laws by failing to renew registrations, and failure to bring affected properties into compliance with risk reduction standards.  Status – B & R Properties, Inc. has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty.  (Case Number 2006-30-8902)

Gregory E. Hay, Sr., Baltimore City – 4 affected properties – On August 3, MDE issued an Administrative Complaint, Order and Penalty equaling $36,500 to Gregory E. Hay, Sr. for violating Maryland’s Lead Laws by failing to register his properties, and failing to bring the affected properties into compliance with risk reduction standards.  Status – Gregory E. Hay, Sr. has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty.  (Case Number 2006-30-8982)

Joseph Royce Lokeman, Baltimore City – 3 affected properties – On August 3, MDE issued an Administrative Complaint, Order and Penalty equaling $25,000 to Joseph Royce Lokeman for violating Maryland’s Lead Laws by failing to bring the affected properties into compliance with risk reduction standards.  Status – Joseph Royce Lokeman has 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty.  (Case Number 03-30-6743)

Joseph L. Russ and Lucille Russ, Baltimore City – 9 affected properties – On August 3, MDE issued an Administrative Complaint, Order and Penalty equaling $33,000 to Joseph L. Russ and Lucille Russ for violating Maryland’s Lead Laws by failing to register their properties, and failure to bring the affected properties into compliance with risk reduction standards.  Status – Joseph L. Russ and Lucille Russ have 10 days to request a hearing on the Complaint and Order and 30 days to request a hearing on the Penalty.  (Case Number 2006-30-8819)


Water Management Administration

Hampstead Wastewater Treatment Plant, Carroll County – On August 3, a civil consent judgment between MDE and Carroll County was entered by the Circuit Court for Carroll County regarding temperature violations established in State Discharge Permit 88-DP-0594C for the Hampstead Wastewater Treatment Plant.  Under the terms of the consent judgment, Carroll County is required to pay a civil penalty to the Maryland Clean Water Fund of $13,500 for the 27 temperature effluent violations that have occurred during the period November 20, 2005 through July 11, 2006.  Carroll County is also liable for stipulated penalties of $500 per day for future temperature violations of the Permit pending MDE’s final decision on an alternative effluent limitation (AEL) for temperature.  If MDE approves the AEL, Carroll County will not be required to pay accrued stipulated penalties for temperature violations that do not exceed the AEL. The consent judgment also requires that Carroll County implement environmental projects to mitigate any water temperature increases caused by storm water runoff or modifications to stream buffers in the Piney Run watershed by implementing a study of the thermal effects of storm water released into Piney Run and to implement a storm water remediation plan.  Carroll County is also required to monitor temperatures along Piney Run and to submit a plan for establishing a riparian buffer along Piney Run from its headwaters to Trenton Road. Status:  Case closed.  (Reference # 06-C-04-041610).

Dorchester County Sanitary Commission, Dorchester County – On August 8, MDE issued an Administrative Complaint, Order and Penalty against the Dorchester County Sanitary Commission for unlawful discharges of sewage from its sewer collection system and for the failure to report the overflows of sewage to MDE in accordance with the notification requirements set forth in Code of Maryland Regulations (COMAR) 26.08.10 and for the failure to provide information requested by MDE pertaining to the Dorchester County  sewage collection system in accordance with Section 9-331 of the Environment Article.  The Order requires Dorchester County to provide the previously requested information within 30 days.  MDE is seeking a penalty of $4,000 in this case. Status:  Case pending opportunity to appeal.  The County has 10 days in which to appeal the Order and 30 days to appeal the penalty.  (Reference #AO-07-0352).

Washington Suburban Sanitary Commission, Prince George’s and Montgomery Counties – On August 4, WSSC paid, pursuant to federal/State consent decree No. PJM-04-3679 between the Environmental Protection Agency, MDE and Plaintiff-Intervenors Anacostia Watershed Society, Audubon Naturalist Society, Friends of Sligo Creek, Natural Resources Defense Council, and the Patuxent River Keeper, a stipulated penalty of $8,037.50 to the Maryland Clean Water Fund to resolve reported sanitary sewer discharges to waters of the State from its sewer collection system that occurred during the period January 1 – March 31, 2006.
Status:  Case closed.  (Reference # SP-07-0334).

Linens of the Week, Wicomico County – On July 24, MDE finalized an administrative consent order with the City of Salisbury and Linens of the Week regarding alleged violations of the pretreatment permit issued to Linens of the Week by the City of Salisbury.  Under the terms of the consent order, Linens of the Week is required to pay $17,150 to the City of Salisbury to resolve alleged effluent and monitoring violations that occurred during the period July 2004 through May 2004 and to pay to the MDE Clean Water Fund a penalty of $9,300 to resolve pretreatment permit violations that have occurred from July 2004.  Linens of the Week is also required to submit to MDE and Salisbury within 60 days a corrective action plan for improvements necessary to comply with the effluent limitations and sampling requirements of the pretreatment permit. Status:  Case closed.  (Reference #CO-06-0329).

Water and Sediment Pollution Penalties – Statewide
During the period July 15 to August 15, MDE collected an additional $20,075 to the Clean Water Fund in resolution of alleged water pollution violations from seven facilities and $6,000 to the Sediment Fund in resolution of alleged sediment control violations at one construction site.

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