Manual 21893518

Manual 21893518
TABLE OF CONTENTS
Section One – REPORT BASIS AND SUMMARY INFORMATION
3
Statutory Authority and Scope
Organization of the Report
MDE Executive Summary
MDE Performance Measures – Executive Summary
Enforcement Workforce
Section 1-301(d) Penalty Summary
MDE Performance Measures Historical Annual Summary FY 1998 – 2004
MDE Performance Measures Historical Annual Summary FY 2005 – 2011
MDE Enforcement Actions Historical Annual Summary FY 1998 – 2011
MDE Penalties Historical Annual Summary Chart FY 1998 - 2011
MDE’s Enforcement and Compliance Process and Services to Permittees
and Businesses
The Enforcement and Compliance Process
Enforcement Process Flow Chart
Supplemental Environmental Projects (SEPs)
Contacts or Consultations with Businesses
Compliance Assistance
Consultations with Businesses
4
4
5
6
6
7
8
9
10
10
11
11
12
13
14
14
14
Section Two - ADMINISTRATION DETAILS
17
Measuring Enforcement and Compliance
Performance Measures Table Overview and Definitions
Enforcement and Compliance Performance Measures Table Format
18
19
23
Air and Radiation Management Administration (ARMA)
25
ARMA Executive Summary
ARMA Performance Measures
Ambient Air Quality Control
Air Quality Complaints
Asbestos
Radiation Machines
Radioactive Materials Licensing and Compliance
26
27
28
34
38
42
46
Land Management Administration (LMA)
51
LMA Executive Summary
LMA Performance Measures
Land Restoration
Hazardous Waste
Lead Poisoning Prevention
Oil Control - Aboveground Facilities
Oil Control - Pollution Remediation Activities
Oil Control - Underground Storage Tank Systems
Refuse Disposal
MDE FY 2011 Annual Enforcement and Compliance Report
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53
54
55
58
62
66
70
74
1
Scrap Tires
Sewage Sludge Utilization
Concentrated Animal Feeding Operations
Natural Wood Waste Recycling
Mining – Coal
Mining – Non-Coal
Oil and Gas Exploration and Production
78
82
86
90
94
98
102
Water Management Administration (WMA)
107
WMA Executive Summary
WMA Performance Measures
Discharges – Groundwater (Municipal and Industrial)
Discharges – Surface Water (Municipal and Industrial) State/NPDES
Discharges – Pretreatment (Industrial)
Stormwater Management and Erosion and Sediment Control for
Construction Activity
Water Supply Program
Waterway Construction – Dam Safety
Wetlands and Waterways – Non-Tidal and Floodplain
Wetlands – Tidal
108
109
110
114
118
122
126
138
142
146
Office of Budget and Finance
Water Supply and Sewerage Construction
151
152
Office of the Attorney General Environmental Crimes Unit (ECU)
ECU Executive Summary and Performance Measures
157
158
Section Three – APPENDICES
165
Appendix A:
Appendix B:
Appendix C:
Appendix D:
166
171
172
174
Organizational Charts
List of Programs Included in This Report
Environment Article Section 1-301(d)
Legislation Enacted During 2011 Affecting Enforcement and
Penalties
Appendix E: MDE Penalty Policy
Appendix F: Environmental Audit Guidance
Appendix G: Supplemental Environmental Projects
Appendix H: Citizen Suit Notices and Petitions
Appendix I: Land Restoration Program State Master List (On CD)
Appendix J: Formerly-Investigated Sites List (On CD)
MDE FY 2011 Annual Enforcement and Compliance Report
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178
181
185
187
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2
SECTION ONE
REPORT BASIS AND SUMMARY
INFORMATION
MDE FY 2011 Annual Enforcement and Compliance Report
3
ANNUAL ENFORCEMENT AND
COMPLIANCE REPORT
FISCAL YEAR 2011
Statutory Authority and Scope
Environment Article §1-301(d) enacted in 1997 (see Appendix C for full text)
requires the Maryland Department of the Environment (MDE) to report annual
performance results for specific regulatory programs and the penalty dollars
collected and deposited into several funds. This report is intended to fulfill that
statutory requirement. In addition to the required information, this report also
includes MDE’s other enforcement programs, additional information about each
of MDE’s regulatory compliance programs, and additional data about the
activities and facilities that are subject to regulation under the Environment
Article.
Organization of the Report
Section One includes an overall, Department-wide summary of the FY 2011
results. A table in Section One compares the historical annual Department-wide
performance measures from FY 1998 – 2011. Two graphs also illustrate trends
for enforcement actions and penalties obtained for these years.
Section Two presents program-specific information concerning enforcement and
compliance activities for the reported programs. Related materials appear as
appendices in Section Three.
MDE FY 2011 Annual Enforcement and Compliance Report
4
EXECUTIVE SUMMARY
The Maryland Department of the Environment’s (MDE’s) fifteenth Enforcement
and Compliance Report, for Fiscal Year 2011 (July 2010-June 2011), reports
data from MDE’s enforcement and compliance programs and from the
Environmental Crimes Unit of the Office of the Attorney General. This document
has been prepared in accordance with the requirements of §1-301(d) of the
Environment Article.
Maintaining a consistent baseline of enforcement is necessary to ensure
compliance with state laws, regulations, and permits that protect public health
and the environment. MDE is committed to taking timely actions for violations,
and the “MDEStat” data-driven management oversight process tracks
enforcement activity. MDE routinely shares information with the public about
enforcement activities to maximize the deterrence value of each enforcement
action.
During FY 2011, MDE provided regulatory oversight for 158,058 regulated
entities. This is essentially unchanged from last year’s 158,112. MDE inspected
16% more sites in FY 2011 than it did in FY 2010 and performed 4% more
inspections, audits, and spot checks. The number of enforcement actions
decreased by 17% over FY 2010. Most of this decrease is due to fewer actions
in the radiation machines division as a result of legislation restricting enforcement
activities related to dental x-ray machines.
This year, penalties collected from environmental violators totaled $3,478,200.
This is a decrease from last year’s total of $5,099,340. Thirteen programs had
decreased collections this year mostly due to normal variability in collections.
The largest decreases were Surface Discharges ($788,183), Radioactive
Materials Licensing and Compliance ($335,115), and Radiation Machines
($277,245).
MDE’s inspector workforce decreased almost 6% this year. MDE has reduced
staff levels in all areas due to budget constraints. In addition to continued budget
issues that have eliminated positions, the State had a Voluntary Separation
Program in FY 2011 that resulted in additional loss of positions. Filling vacant
positions remains difficult due to the hiring freeze.
MDE’s increased enforcement activity has created a larger workload for
attorneys assigned to MDE by the Office of the Attorney General. In calendar
year 2007, MDE referred approximately 340 enforcement cases for legal action,
compared to 816 cases in CY 2009 and 633 cases in CY 2010. Because the
number of legal positions has not increased, MDE prioritizes cases for action by
MDE attorneys. As of September 1, 2011, 282 lower priority cases awaited
active legal action.
Please refer to MDE’s website (http://www.mde.state.md.us) for the latest
information on enforcement actions and other compliance activities.
MDE FY 2011 Annual Enforcement and Compliance Report
5
MDE PERFORMANCE MEASURES
EXECUTIVE SUMMARY
2010 Totals
2011 Totals
8,982
93,323
9,089
92,195
OTHER REGULATED SITES/FACILITIES
Total Sites
158,112
158,058
INSPECTIONS
Number of Sites Inspected
Number of Sites Audited But Not Inspected
Number of Inspections, Audits, Spot Checks
45,332
8,844
124,045
52,561
13,918
129,213
ENFORCEMENT ACTIONS
Number of Compliance Assistance Rendered
Number of Enforcement Actions Taken
21,352
3,099
21,323
2,564
$5,099,340
$3,486,141
7
($116,000)
8
($669,000)
PERMITTED SITES/FACILITIES
Number of Permits/Licenses Issued
Number of Permits/Licenses in Effect at Fiscal Year End
PENALTIES
Amount of Administrative or Civil Penalties Obtained
Supplemental Environmental Projects
ENFORCEMENT WORKFORCE
Compensation*
Air/Radiation
Land
Water
Total
FY 2010
FY 2011
$3,847,985
$4,375,890
$3,728,232
$11,952,107
$3,674,815
$4,818,721
$3,291,171
$8,822,647
Workforce
FTE
Inspectors**
Vacancies***
FY
FY
FY
FY
2010
2011
2010 2011
49
48
1.2
2.5
70
65.5
3.8
1.75
53
47.96
2.5
3.54
172
161.46 7.5
7.99
* “Compensation” includes wages plus fringe benefits. The numbers do not include any operating expenses such as
vehicles, travel, gasoline, supplies, or other related employment expenses.
** “Inspectors” represent the number of enforcement field inspectors budgeted for the fiscal year. These numbers do not
include any administrative, management, or clerical staff associated with enforcement and compliance programs. This
represents total budgeted positions, not the actual number of inspectors currently on staff.
*** “FTE (full-time equivalent) vacancies” represent the number of full-time-equivalent positions that were vacant during
the fiscal year.
MDE FY 2011 Annual Enforcement and Compliance Report
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SECTION 1-301(d) PENALTY
SUMMARY
TOTAL AMOUNT OF MONEY
DEPOSITED AS A RESULT OF
ENFORCEMENT ACTIONS AS
REQUIRED BY SECTION
1-301(d)*
Clean Air Fund (includes Air Quality
and Asbestos)
Clean Water Fund (includes Water
and Land Management)
Hazardous Substance Control Fund
Non-tidal Wetland Compensation
Fund
Oil Disaster Containment Clean Up
and Contingency Fund
Recovered from Responsible Parties
(under §7-221)**
Sewage Sludge Utilization Fund
Total
FY 2010
FY 2011
$770,850
$576,193
$1,920,083
$1,254,513
$251,950
$154,800
$9,750
$24,429
$349,074
$72,281
$93,522
$9,500
$375,705
0 (now part of
clean water)
$3,404,729
$2,457,921
* Includes only those funds required to be reported by the Environment Article, Section 1-301(d).
Other penalties are reported by individual programs that total a higher amount since they are
deposited into funds not required to be reported by 1-301(d). The Department total is
$3,478,200.
** The number reported is strictly the total amount of money, as a result of enforcement,
recovered by the Department from responsible parties in accordance with §7-221 of the
Environment Article as called for in the statute.
Please note this reflects penalties collected during the fiscal year, not penalties assessed.
MDE FY 2011 Annual Enforcement and Compliance Report
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MDE PERFORMANCE MEASURES ANNUAL SUMMARY
FY 1998 - 2004
MDE Performance Measure
1998
1999
2000
2001
2002
2003
2004
PERMITTED SITES/FACILITIES
Number of Permits/Licenses Issued
Number of Permits/Licenses in Effect
at Fiscal Year End
8,972
8,350
9,710
9,573
9,671
11,988
11,264
54,668
56,024
57,253
62,679
62,882
69,831
75,729
OTHER REGULATED
SITES/FACILITIES
Other Sites
89,863
95,892
100,244
105,085
191,177
197,529
204,873
31,026
30,352
28,626
39,050
37,850
33,048
43,434
81,372
83,899
90,488
103,782
108,043
98,550
106,845
15,837
14,709
15,831
15,032
16,523
14,120
18,646
1,134
1,391
977
1,542
1,541
2,311
1,856
INSPECTIONS *
Number of Sites Inspected
Number of Inspections, Audits, Spot
Checks
ENFORCEMENT ACTIONS
Number of Compliance Assistance
Actions Rendered
Number of Enforcement Actions
Taken
PENALTIES
Amount of Penalties Obtained ($)**
1,145,731 1,206,629 2,093,526 1,334,499 1,523,890 2,321,563 1,781,526
* Inspections:
Number of Sites Inspected: The number of individual sites physically visited and inspected for
compliance.
Number of Inspections, Audits, Spot Checks: The total numbers of sites evaluated for
compliance, including on-site inspections, record reviews, audits, and spot-check activities.
Each individual site can be inspected by several programs or by one program more than once, so
the former is always less than the latter.
** Amount of Penalties Obtained: The total dollar amount of penalty revenue collected during the
fiscal year. Note that penalties can be collected in the fiscal year after the violation for which they
are assessed. This reflects the amount of revenue obtained (“collected”) in the fiscal year as a
result of all enforcement actions regardless of which fund they are deposited into.
MDE FY 2011 Annual Enforcement and Compliance Report
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MDE PERFORMANCE MEASURES ANNUAL SUMMARY
FY 2005 - 2011
MDE Performance Measure
PERMITTED SITES/FACILITIES
Number of Permits/Licenses Issued
Number of Permits/Licenses in
Effect at Fiscal Year End
OTHER REGULATED
SITES/FACILITIES
Other Sites
INSPECTIONS *
Number of Sites Inspected
Number of Inspections, Audits, Spot
Checks
ENFORCEMENT ACTIONS
Number of Compliance Assistance
Actions Rendered
Number of Enforcement Actions
Taken
2005
2006
2007
2008
2009
2010
2011
10,799
10,737
10,455
11,463
10,043
8,982
9,089
73,155
77,721
77,041
100,206
92,960
93,323
92,195
222,673
239,612
253,715
257,744
117,421
158,112
158,058
43,722
55,294
47,723
44,161
44,587
45,332
52,561
103,586
115,977
107,496
122,389
122,079
124,045
129,213
10,953
11,067
10,158
11,443
14,412
21,352
21,323
1,395
1,946
2,004**
2,704**
2,901
3,099
2,564
5,099,340
3,478,200
PENALTIES
Amount of Penalties Obtained ($)*** 1,631,054 2,803,685 2,248,131 3,970,275 6,516,601
* Inspections:
Number of Sites Inspected: The number of individual sites physically visited and inspected for
compliance.
Number of Inspections, Audits, Spot Checks: The total numbers of sites evaluated for
compliance, including on-site inspections, record reviews, audits, and spot-check activities.
Each individual site can be inspected by several programs or by one program more than once, so
the former is always less than the latter.
** These two numbers were corrected; they were previously reported as 2,011 and 2,699
respectively.
*** Amount of Penalties Obtained: The total dollar amount of penalty revenue collected during
the fiscal year. Note that penalties can be collected in the fiscal year after the violation for which
they are assessed. This reflects the amount of revenue obtained (“collected”) in the fiscal year as
a result of all enforcement actions regardless of which fund they are deposited into.
MDE FY 2011 Annual Enforcement and Compliance Report
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MDE Enforcement Actions Taken
1998-2011
3,500
3,000
2,704
3,099
2,564
2,311
2,500
1,946 2,004
1,856
2,000
1,500
2,901
1,542 1,541
1,391
1,134
1,000
1,395
977
500
0
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
MDE Penalty Amounts ($) Collected
1998-2011
$7
$6.52
$6
$5.10
Millions of dollars
$5
$3.97
$4
$3.49
$2.80
$3
$2
$2.32
$2.09
$1.15 $1.21
$1.33 $1.52
$2.25
$1.78 $1.63
$1
$0
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
MDE FY 2011 Annual Enforcement and Compliance Report
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MDE’S
ENFORCEMENT AND COMPLIANCE
PROCESS and SERVICES TO
PERMITTEES AND BUSINESSES
The Enforcement and Compliance Process
MDE’s air, water and land enforcement and compliance processes are
authorized in different parts of the law and were established separately over a
period of years. As a result, similar terminology may have technically different
meanings for different programs.
Despite technical differences, most
enforcement programs share certain common functions that allow a year-to-year
comparison. Most programs have inspection, monitoring, evaluation, and
enforcement components.
Many programs also implement federal rules and regulations in addition to State
requirements. In addition, the same individual, company, or facility may fall
under the jurisdiction of several different environmental enforcement programs at
the federal, state or local level.
If a minor violation such as a record-keeping or reporting error is discovered, a
program may use discretion to allow a company to correct the problem without
imposing a penalty. In such cases, compliance assistance may be the most
efficient method to achieve compliance with such requirements. Compliance
assistance is a process that does not involve the use of a formal enforcement
action and is explained in more detail on page 14. If an inspection reveals a
significant violation, or if minor violations continue to recur and become a
significant problem, then more serious legal actions are warranted. Such action
may take the form of penalties, corrective orders, the filing of injunctions, and in
some cases, criminal sanctions.
MDE FY 2011 Annual Enforcement and Compliance Report
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MDE FY 2011 Annual Enforcement and Compliance Report
12
Supplemental Environmental Projects (SEPs)
MDE’s approach to enforcement includes the use of Supplemental
Environmental Projects (SEPs). SEPs are projects specifically undertaken to
improve the environment by parties who are subject to penalty actions. Under
certain limited circumstances, the value of the SEP is allowed by MDE to offset a
portion of the penalty.
The federal Environmental Protection Agency encourages the use of SEPs for
several reasons. First, SEPs add value to enforcement settlements because
SEP dollars are spent directly on environmental projects. Second, SEPs require
violators to go above and beyond technical compliance with minimum legal
standards and thereby reach a higher level of environmental stewardship.
Finally, and probably most importantly, SEPs are intended to achieve
improvements to the environment that could not be accomplished with traditional
penalties. Traditional penalties serve to punish current violations and deter
future violations. SEPs accomplish those traditional purposes and provide a form
of community service that improves the environment where the violation
occurred.
MDE entered into eight SEPs during FY 2011 with a total value of $699,000.
These SEPs involved equipment upgrades to reduce air emissions and the
replacement of lead-contaminated windows in 17 rental properties.
Administration
Air and Radiation Management
Administration
Land Management Administration
Water Management Administration
TOTALS
Number of Total Value of SEPs
SEPs
2010 2011
2010
2011
0
2
$0
$175,000
7
6
$116,000
$494,000
0
0
$0
7
8
$116,000
$0
$669,000
Details about these SEPs can be found in Appendix G.
MDE FY 2011 Annual Enforcement and Compliance Report
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Contacts or Consultations with Businesses
Environment Article section 1-301(d) requires this report to “include information
on the type and number of contacts or consultations with businesses concerning
compliance with State environmental laws.” This section identifies the two types
of contacts MDE has with businesses to help them come into compliance:
compliance assistance and other consultations.
Compliance Assistance
One specific form of contact between businesses and MDE’s enforcement and
compliance inspectors is counted in the programs’ performance measures tables
under the category of “compliance assistance.” As an element of MDE’s
enforcement process, an inspector renders a tangible act of compliance
assistance when the inspector:
(a)
Documents a specific past or current violation which the regulated entity
corrects in the absence of a formal enforcement action; or
(b)
Documents a specific action or actions which the regulated entity has the
option of undertaking to prevent the likelihood of potential future violations, which
action or actions the regulated entity undertakes voluntarily in such manner and
within such time period as deemed acceptable by MDE in the absence of a
formal enforcement action.
For either (a) or (b), the MDE inspector must document the manner in which the
regulated entity voluntarily achieved compliance. This definition of "compliance
assistance" requires the action to be measurable, and objectively verifiable by a
third party. This documents MDE’s activities to keep facilities in compliance
without the use of formal enforcement actions.
Consultations with Businesses
MDE provides other forms of compliance information to businesses and other
regulated entities.
These include making guidance documents available,
providing forms, and publishing information about new or updated requirements
on MDE’s website. MDE also works with businesses before they apply for
permits to explain what permits will be required for a proposed activity and the
application process for the required permits. Possible compliance requirements
such as sampling, reporting, and record-keeping may also be explained.
The Department’s website (http://www.mde.state.md.us) provides additional
information that businesses may use to determine compliance with
environmental requirements:

The Guide to Environmental Permits and Approvals provides detailed
information about each of MDE’s permit programs.
MDE FY 2011 Annual Enforcement and Compliance Report
14

MDE has made a number of permit applications and instructions for
completion available online. MDE is also working to enable businesses to
submit their permit applications via the Internet.

MDE has created an Enforcement Webpage where you can find
information concerning enforcement programs and current enforcement
actions
http://www.mde.state.md.us/AboutMDE/DepartmentalReports/Pages/Abou
tMDE/enfcomp.aspx
MDE FY 2011 Annual Enforcement and Compliance Report
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MDE FY 2011 Annual Enforcement and Compliance Report
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SECTION TWO
ADMINISTRATION DETAILS
MDE FY 2011 Annual Enforcement and Compliance Report
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MEASURING ENFORCEMENT AND
COMPLIANCE
MDE has been measuring, in a consistent fashion, the performance of its
enforcement and compliance activities since 1998. This report standardizes the
accomplishments of enforcement and compliance programs using metrics for the
33 enforcement areas within the 16 programs that are the subject of this report.
Enforcement actions are taken by MDE’s three media administrations:
Air:
This includes air pollution and radiation programs.
Land:
This includes oil control, solid and hazardous waste management,
sewage sludge utilization, animal feeding operations, scrap tire
recycling, lead poisoning prevention, natural wood waste recycling,
coal and mineral mining, oil and gas exploration and production,
and hazardous substance clean-up programs.
Water:
This includes drinking water, tidal and non-tidal wetlands,
wastewater discharges, water appropriation, waterway and
floodplain construction, dam safety, stormwater management and
sediment and erosion control programs.
Organization of Section Two
This section is divided by administration and by enforcement area/program.
First, an overall administration executive summary describes the enforcement
and compliance efforts during this fiscal year, followed by key performance
measures for that administration. Next, the sections for each enforcement
area/program include the purpose of the program, its underlying authority, its
enforcement process, summary of the program’s successes/challenges, the
performance measures table, and three charts comparing the past three fiscal
years’ data on inspection coverage; number of inspections, audits, and spot
checks; and number of enforcement actions.
MDE FY 2011 Annual Enforcement and Compliance Report
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PERFORMANCE MEASURES TABLE
This key table presents an accounting of each program’s activity. Definitions of
each measure appear below. An example of the table with the lines numbered to
correspond to the following definitions follows this list of definitions.
1. Permitted Sites/Facilities and Other Regulated Sites/Facilities: These are
measures of the MDE or Program workload.
Lines 2, 3, and 5-8: Identify the total universe of facilities over which the
program has regulatory responsibility.
Line 2: Shows the number of new permits or permit renewals issued during
the year.
Line 3: Shows the total number of permits that were in effect at fiscal year
end.
Lines 5-8: Used by those programs that have regulatory responsibility for
sites, facilities, and other entities that are not required to obtain a formal
permit, but still fall under MDE’s regulatory oversight.
9. Inspections and Audits: This is a measure of output.
Lines 10-12: Present numbers of sites evaluated for compliance. Inspections
are defined as physical visits to the site to determine compliance, whether the
visit involves walking around the site or a record review at the site. An audit
is a review of records or self-monitoring reports performed off- site at MDE
offices. These measures are reported separately to illustrate that many
important regulatory oversight activities occur off-site.
Lines 13-15: Present numbers of inspections, audits and spot checks
performed. The number of inspections is often substantially higher than the
number of sites (comparing lines 12 and 15) because some sites are
inspected more than one time during the year, depending on the degree of
risk that regulated entity poses to the public. Also, some individual sites are
sufficiently large or diverse to warrant having different portions of the site, or
different pieces of equipment, inspected separately.
16. Compliance Profile: This is a measure of the results accomplished.
Lines 17-19: The Compliance Profile is a snapshot of the overall compliance
status of the facilities inspected during the fiscal year.
Line 17: Identifies how many of the inspected sites were found with
significant violations, providing a key element used to determine the
inspection compliance rate (percentage) shown on line 18. If a site was found
MDE FY 2011 Annual Enforcement and Compliance Report
19
to have a significant violation, it was counted as being out of compliance,
even if the site was brought back into compliance later in the year.
Line 18: The percentage of inspected sites with significant violations. Line 17
divided by Line 10 times 100.
Line 19: The enforcement “inspection coverage rate” measure. The
“inspection coverage rate” is defined as the ratio of sites inspected divided by
the total number of sites or regulated entities in that program’s universe.
“Sites” may include other than a single physical location since many programs
have regulatory oversight responsibility for things other than facilities.
20.
Significant Violations: This is a measure of what was found.
Lines 21 – 24 record the total number and nature of the significant violations
the program identified during the fiscal year. The specific definition of what
constitutes a significant violation is determined by individual programs that
have unique statutory and regulatory threshold requirements. MDE’s general
definition of a significant violation is any violation that requires MDE to take
some form of remedial or enforcement action to bring the facility into
compliance. MDE’s Penalty Policy further clarifies this definition and can be
found in Appendix E.
Line 21:
Indicates how many significant violations resulted in an
environmental or health impact.
Line 22: Counts how many significant violations were technical/preventative
in nature. The distinction here is based on evidence or proof that MDE must
present to establish the violation in a contested case.

Cases which require evidence of actual physical damage to the
environment or to a human being such, as samples, photographs, or
direct observations are counted as having an environmental or health
impact.

Cases in which documentary evidence such as falsified discharge
monitoring reports, lack of permits or failure to maintain records are
counted as technical/preventative on line 22.

The distinction between physical and technical violations is made to
avoid the misperception that all violations involve pollution.

It is a mistake to infer that only environmental/health violations are
significant and technical/preventative violations are not significant.
Either can be considered significant or non-significant depending on
the circumstances of the violations.
Line 23: Accounts for the number of significant violations carried over from
last year.
MDE FY 2011 Annual Enforcement and Compliance Report
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Line 24: The sum of lines 21 through 23, the total number of significant
violations the program attempted to resolve during the fiscal year.
25. Disposition of Significant Violations: What is the status?
Lines 26 and 27: Answer the question of how many enforcement responses
were concluded for significant violations in the fiscal year and how many are
going to be carried over to next year.

Resolved means that (1) an enforcement action or compliance assistance
has been taken, and (2) the violator either has completed any required
corrective action or has an executed agreement to take the corrective
action and has begun bringing the site back into compliance.

An ongoing enforcement response is one that is still in process and the
site or violator has not taken adequate steps to correct the violation.
Cases remain ongoing if the violator does not respond to MDE’s initial
violation notification; hearings have been scheduled and not yet held; or
the hearing is complete and the violator has chosen to appeal the order.
“Ongoing” enforcement responses are those not yet finished.
28. Enforcement Actions and Penalties: What are the tools MDE uses to bring
about compliance?
Lines 29 – 36: MDE has a number of different enforcement tools that can be
used to achieve compliance.
Line 29: Captures how often the program used compliance assistance.

Compliance assistance is rendered when written documentation states that the correction
has been made or commenced. This number does not necessarily correspond to the
number of significant violations found because potential problems, which have not yet
become violations, when corrected and documented, are counted as compliance
assistance.

This tool allows MDE to bring facilities into compliance without the necessity of resorting
to formal enforcement actions. It is often implemented in less time and may reduce the
environmental consequences of the violation.
Lines 30 through 32: Cover specific types of enforcement actions required to
be reported under Environment Article Section 1-301(d). These are broken
down into administrative and civil/judicial.
Line 33: The number of penalty actions and other enforcement actions not
specifically designated above. These actions are primarily penalty actions,
but they also include various forms of remedial requirements that do not fit the
descriptions of the actions named in the statute.
MDE FY 2011 Annual Enforcement and Compliance Report
21
Line 34: How often the program referred a matter to the Environmental
Crimes Unit of the Attorney General’s Office for possible criminal prosecution.
These are not counted as resolved until there is a completed criminal case or
the Crimes Unit has declined to take a criminal action, returned the case to
the program and the program has taken an alternative form of enforcement.
Line 36: Discloses the amount of administrative or civil penalties obtained.
This means monies collected during the fiscal year. The penalties recorded
here may have been imposed in prior years, but are collected in whole or in
part during the reporting year.
MDE FY 2011 Annual Enforcement and Compliance Report
22
SAMPLE FY 2011 PERFORMANCE MEASURES CHART
Performance Measure
TOTAL
1. PERMITTED SITES/FACILITIES
2. Number of permits/licenses issued
3. Number of permits/licenses in effect at fiscal year end
4. OTHER REGULATED SITES/FACILITIES
5.
6.
7.
8.
(other sites)
(other sites)
(other sites)
(other sites)
9. INSPECTIONS
10. Number of sites inspected (“inspected” defined as at the site)
11. Number of sites audited but not inspected (places where MDE reviewed submittals
but did not go to the site)
12. Number of sites evaluated for compliance (sum of the two measures above, same
as #11 on the prior charts)
13. Number of inspections, spot checks (captures number of compliance activities at
sites)
14. Number of audits (captures number of reviews of file/submittals for compliance)
15. Number of inspections, audits, spot checks (sum of the two measures above,
same as #12 on the prior charts)
16. COMPLIANCE PROFILE
17. Number of inspected sites/facilities with significant violations
18. Percentage of inspected sites/facilities with significant violations
19. Inspection coverage rate (number of sites inspected/coverage universe)
20. SIGNIFICANT VIOLATIONS
21. Number of significant violations involving environmental or health impact
22. Number of significant violations based on technical/preventative deficiencies
23. Number of significant violations carried over awaiting disposition from previous
fiscal year
24. Total number of significant violations (sum of the three measures above)
25. DISPOSITION OF SIGNIFICANT VIOLATIONS
26. Resolved
27. Ongoing
28. ENFORCEMENT ACTIONS
29. Number of compliance assistance rendered
Administrative Civil/Judicial
30. Number of show cause, remedial, corrective
actions issued
31. Number of stop work orders
32. Number of injunctions obtained
33. Number of penalty and other enforcement
actions
34. Number of referrals to Attorney General for possible criminal action
TOTAL
35. PENALTIES
36. Amount of administrative or civil penalties obtained ($ collected in FY)
MDE FY 2011 Annual Enforcement and Compliance Report
23
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MDE FY 2011 Annual Enforcement and Compliance Report
24
AIR AND RADIATION MANAGEMENT
ADMINISTRATION
MDE FY 2011 Annual Enforcement and Compliance Report
25
Air and Radiation Management Administration
Executive Summary
The Air and Radiation Management Administration (ARMA) conducts enforcement and
compliance activities in three programmatic areas: air quality, asbestos, and radiation.
The Air Quality Compliance Program continues to devote a significant portion of its capacity
to ensuring compliance at approximately 600 high-impact sources. In addition to on-site
inspections, the Program reviews report submittals, stack test results, sampling results, and
continuous monitoring summaries to assess compliance at regulated facilities.
Low-impact facilities continue to be an area where only a small percentage of sources are
inspected. This is due to the large numbers of these sources. In this arena, the Air
Program continues to focus on vapor recovery systems at gas stations, as well as dry
cleaners and other small sources. There are approximately 1,600 gas stations subject to
vapor recovery requirements to limit emissions of volatile organic compounds, a groundlevel ozone precursor. The Air Quality Compliance Program also continues to focus on
ensuring compliance with federal air toxics requirements at dry cleaners and other small
sources.
The Air Quality Compliance Program continues to receive a large number of air quality
complaints, receiving about 500 in FY 2011. The Program responds to all complaints by
telephone, prioritizing those that require a field inspection. Some complaint situations may
need multiple follow-up inspections to address the concerns of the complainants and to
ensure compliance with air quality requirements.
In the Asbestos Division, contractors intending to abate asbestos are required to notify
MDE. MDE inspects as many of these projects as possible, generally focusing on the more
substantial projects. The number of asbestos notifications received in FY 2011 was 2,917.
The Radiological Health Program (RHP) regulates both electronic sources of radiation and
materials that are radioactive to prevent the general public from receiving any unnecessary
exposure to radiation. Also, RHP is the primary State responder to public hazards involving
radioactive materials, such as transportation incidents or a nuclear utility accident.
Successes in FY 2011 include the continued implementation, through the licensing and
inspection process, of additional increased security controls for those licensees with
sufficient quantities and types of radioactive materials, that if stolen would pose a national
threat; the evaluation of the radiation safety and engineering, and the device registration, of
a complex sealed source medical device prior to allowing the use and sale of the device
across the country; Maryland’s implementation of the National Source Tracking System;
and training of state and local personnel to assure statewide preparedness for a nuclear
utility accident.
The Radiation Machine Division’s procedure to assess fines for violations at the time of an
inspection has increased overall compliance with the greatest increase being observed in
the medical facilities. The number of enforcement actions against dental facilities has
decreased significantly in FY 2011 due to a change in state law that took effect on June 1,
MDE FY 2011 Annual Enforcement and Compliance Report
26
2010. The change provides that if dental facilities correct violations of regulatory
requirements within twenty working days of an inspection the Department is prevented from
assessing a financial penalty for those violations, unless they are deemed to present a
serious and probable danger to the patients or employees of a dental facility. Even though
the dental community has been given leeway on the amount of time to correct their
violation(s), and the inspection is announced 30 days in advance, their initial compliance
rate is still averaging less than 50 percent.
Air and Radiation Management Administration
Performance Measures Executive Summary
2010 Totals
2011 Totals
1,720
29,318
1,479
29,956
3,555
3,776
3,961
761
10,113
3,936
988
10,713
292
764
222
264
$1,736,651
$928,634
PERMITTED SITES/FACILITIES
Number of Permits/Licenses Issued
Number of Permits/Licenses in Effect at Fiscal Year End
OTHER REGULATED SITES/FACILITIES
Other Regulated Sites
INSPECTIONS
Number of Sites Inspected
Number of Sites Audited but Not Inspected
Number of Inspections, Audits, Spot Checks
ENFORCEMENT ACTIONS
Number of Compliance Assistance Rendered
Number of Enforcement Actions Taken *
PENALTIES
Amount of Administrative or Civil Penalties Obtained
* The total of enforcement actions for each program as listed in the chart for each.
MDE FY 2011 Annual Enforcement and Compliance Report
27
Ambient Air Quality Control
PURPOSE
There are approximately 12,000 stationary sources of air emissions registered in Maryland.
The Air Quality Compliance Program is responsible for ensuring that these sources comply
with applicable air pollution control requirements. Approximately 200 of these sources emit
more than 95% of all the pollutants emitted from stationary sources. These 200 highemitting sources and an additional 400 or so priority sources receive a high level of
scrutiny. The additional priority sources are selected due to concerns regarding potential
emissions, toxic air pollutant emissions, potential for nuisance impact, impact on the
general welfare, or the potential for significant risk to public health or the environment.
Combined, this group of approximately 600 sources includes facilities such as large
industrial operations, paper mills, asphalt plants, and incinerators. This group varies
slightly in number from year to year due to start-up of new sources, shut-down of existing
sources, or sources reducing emissions or using less toxic materials to the point where
they are no longer considered priority sources and thus do not demand close scrutiny. The
remainder of the 12,000 sources are generally smaller in terms of their emissions or their
impacts and are considered to be of lesser risk to public health or the environment.
Examples of these smaller sources include dry cleaning operations, gas stations,
charbroilers, small boilers, paint spray booths, and degreasing machines. For this reason,
performance measures information is presented in two categories, High-Impact Air
Emission Facilities and Low-Impact Air Emission Facilities.
AUTHORITY
FEDERAL: Clean Air Act, Title I, Section 110
STATE:
Environment Article, Title 2; COMAR 26.11
PROCESS
In inspecting facilities, a major focus is given to those approximately 600 sources described
above that are considered a potential significant risk to public health or the environment.
Often, multiple inspections are performed at these sources over the course of a year.
Inspections are both announced and unannounced, depending on the nature and purpose
of the inspection. Attention is given to smaller, lower-risk sources through special initiatives
that may focus on inspecting all sources within a particular source category, spot checks of
a percentage of sources in a category where the category contains a large number of small
sources, and the education of trade groups and equipment operators and owners.
MDE FY 2011 Annual Enforcement and Compliance Report
28
SUCCESSES/CHALLENGES
Ensuring compliance at high-impact sources continues to consume a large portion of the
Air Quality Compliance Program’s resources, and this focused attention contributes to the
high compliance rate for this category. In addition to on-site inspections, the Program
reviews compliance certifications, report submittals, stack test results, sampling results,
and continuous monitoring summaries to assess compliance at regulated facilities.
Challenges include addressing the growing list of air quality requirements at these large
facilities with existing staff. Success has been achieved by identifying non-compliant
facilities and ensuring a return to compliance.
Due to the large number of sources, low-impact facilities continue to be an area where only
a small percentage of sources are inspected. In this arena the Air Program continues to
focus on Stage II vapor recovery systems at gas stations, as well as dry cleaners and other
small sources.
There are approximately 1,600 gas stations subject to Stage II
requirements to limit emissions of volatile organic compounds, a ground-level ozone
precursor. The Air Program is also focusing on ensuring compliance with federal air toxics
requirements at dry cleaners and other smaller sources.
MDE FY 2011 Annual Enforcement and Compliance Report
29
Ambient Air Quality Control
High-Impact Facilities
Performance Measure
TOTAL
PERMITTED SITES/FACILITIES
Number of sites/facilities
580
Number of permits/licenses issued
180
Number of permits/licenses in effect at fiscal year end
3,925
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
334
Number of sites audited but not inspected
187
Number of sites evaluated for compliance
521
Number of inspections, spot checks (captures number of compliance activities at sites)
866
Number of audits (captures number of reviews of file/submittals for compliance)
1,647
Number of inspections, audits, spot checks
2,513
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
13
Percentage of inspected sites/facilities with significant violations
3%
Inspection coverage rate (number of sites inspected/coverage universe)
58%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
14
Number of significant violations based on technical/preventative deficiencies
6
Number of significant violations carried over awaiting disposition from previous fiscal
year
24
Total number of significant violations
44
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
17
Ongoing
27
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
40
Administrative Civil/Judicial Total
Number of show cause, remedial, corrective actions
issued
2
0
2
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
1
26
27
Number of referrals to Attorney General for possible criminal action
0
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$454,500
MDE FY 2011 Annual Enforcement and Compliance Report
30
Ambient Air Quality Control
High-Impact Facilities
Inspection Coverage Rate
2011 Coverage Universe = 580
Coverage Rate = 58%
246
334
Inspected Universe
Uninspected Universe
Number of Inspections, Audits and Spot
Checks
Number of Enforcement Actions
40
3000
2500
30
2000
20
1500
1000
1,999
2,297
37
2,513
29
10
21
500
0
2009
2010
2011
0
2009
2010
MDE FY 2011 Annual Enforcement and Compliance Report
2011
31
Ambient Air Quality Control
Low-Impact Facilities
Performance Measure
TOTAL
PERMITTED SITES/FACILITIES
Number of sites/facilities
11,551
Number of permits/licenses issued
408
Number of permits/licenses in effect at fiscal year end
20,376
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
843
Number of sites audited but not inspected
661
Number of sites evaluated for compliance
1,504
Number of inspections, spot checks (captures number of compliance activities at sites)
1,003
Number of audits (captures number of reviews of file/submittals for compliance)
1,296
Number of inspections, audits, spot checks
2,299
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
6
Percentage of inspected sites/facilities with significant violations
0.4%
Inspection coverage rate (number of sites inspected/coverage universe)
7%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
0
Number of significant violations based on technical/preventative deficiencies
7
Number of significant violations carried over awaiting disposition from previous fiscal
year
0
Total number of significant violations (sum of the three measures above)
7
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
3
Ongoing
4
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
50
Administrative Civil/Judicial Total
Number of show cause, remedial, corrective actions
issued
0
0
0
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
7
0
7
Number of referrals to Attorney General for possible criminal action
0
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$4,500
MDE FY 2011 Annual Enforcement and Compliance Report
32
Ambient Air Quality Control
Low-Impact Facilities
Inspection Coverage Rate
2011 Coverage Universe = 11,551
Coverage Rate = 7%
843
10,708
Inspected Universe
Uninspected Universe
Number of Enforcement Actions
Number of Inspections, Audits and Spot
Checks
60
3000
2500
45
2000
30
1500
2,637
2,573
1000
51
2,299
31
15
500
7
0
2009
2010
2011
0
2009
2010
MDE FY 2011 Annual Enforcement and Compliance Report
2011
33
Air Quality Complaints
PURPOSE
In addition to the almost 12,000 registered or permitted sources of air emissions in
Maryland, there are numerous potential sources of air pollution that are not required to be
registered or permitted by the Department.
Examples include some composting
operations, construction sites, open burning activities, hot-tar roofing operations, material
storage piles, welding and burning activities, and certain portable operations of short
duration. These sites or activities can create nuisance conditions such as odors or fugitive
dust. The Air Quality Compliance Program responds to complaints regarding nuisance
odors and dust from both permitted and non-permitted operations. After investigation,
some complaints reveal no basis for potential harm to the environment or public health, but
will be addressed to reduce nuisance conditions to neighbors or communities.
AUTHORITY
STATE:
Environment Article, Title 2; COMAR 26.11
PROCESS
Complaints are addressed in a number of ways. A complaint situation may be of sufficient
severity to warrant an immediate site visit. Complaints arising from severe nuisance
situations generally result in the Department receiving multiple and separate complaints for
a single situation. A complaint situation can also be a sporadic occurrence, which may lead
to increased surveillance of a site in an attempt to verify the existence of a problem, which
may lead to a formal inspection. Some complaints, particularly where only an explanation
of what is allowed is needed, can be resolved through phone contact or letters. If the
complaint investigation reveals a violation at a permitted site, the violation and subsequent
enforcement action is counted under the ambient air quality control program’s performance
measures chart.
Only those violations that occur at non-permitted sites are counted here. Most violations in
this category are related to open burning activities or the creation of off-site nuisances
caused by odors or dust from sites. Violations such as these rarely result in actual harm,
but have the potential to cause harm to the environment or public health, and on this basis
are included in this report. Nearly all violations in this program are resolved without the
need to take enforcement action, as they generally relate to short-lived activities, are
quickly corrected (often at the time of inspection), do not reoccur, and result in no actual
harm to public health or the environment.
MDE FY 2011 Annual Enforcement and Compliance Report
34
SUCCESSES /CHALLENGES
The Air Quality Compliance Program received about 500 complaints in FY 2011. The
Program responds to all complaints by telephone, prioritizing those that merit a field
inspection. Some complaint situations needed multiple follow-up inspections to ensure
compliance with air quality requirements. Based on their nature, some complaints at nonpermitted sites need follow-up enforcement action to achieve compliance.
Many complaints are successfully resolved by the Program leading to improved quality of
life for Maryland citizens. However some complaint situations can be quite challenging due
to the sporadic nature of the problem, leading to difficulty in locating the source.
MDE FY 2011 Annual Enforcement and Compliance Report
35
Air Quality Complaints
Performance Measure
TOTAL
PERMITTED SITES/FACILITIES
Number of sites/facilities
N/A
Number of permits/licenses issued
N/A
Number of permits/licenses in effect at fiscal year end
N/A
OTHER REGULATED SITES/FACILITIES
Complaints received at all sites
479
Complaints received at unregistered/unpermitted sites
371
INSPECTIONS
Number of unregistered/unpermitted sites inspected (“inspected” defined as at the site)
164
Number of inspections, spot checks at unregistered/unpermitted sites (captures
number of compliance activities at sites)
236
Number of initial complaint inspections at all sites*
204
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
3
Percentage of inspected sites/facilities with significant violations
2%
Inspection coverage rate (number of sites inspected/coverage universe)
43%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
2
Number of significant violations based on technical/preventative deficiencies
1
Number of significant violations carried over awaiting disposition from previous fiscal
year
9
Total number of significant violations (sum of the three measures above)
12
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
5
Ongoing
7
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
18
Administrative Civil/Judicial Total
Number of show cause, remedial, corrective actions
issued
0
0
0
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
1
1
2
Number of referrals to Attorney General for possible criminal action
1
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$943
*This line includes responses to complaints at permitted sites and unregistered/unpermitted sites
and is used to calculate the coverage rate for complaints. The inspections and any enforcement
actions at any permitted sites are captured in the sections for registered sources.
MDE FY 2011 Annual Enforcement and Compliance Report
36
Air Quality Complaints
Inspection Coverage Rate
2011 Coverage Universe = 479
Coverage Rate = 43%
204
275
Inspected Universe
Uninspected Universe
Number of Inspections, Audits and Spot
Checks
Number of Enforcement Actions
10
400
8
300
6
200
4
323
7
242
100
204
0
2009
2010
2011
2
2
2
2010
2011
0
2009
MDE FY 2011 Annual Enforcement and Compliance Report
37
Asbestos
PURPOSE
The Air Quality Compliance Program’s Asbestos Division manages the licensing of
asbestos removal contractors and oversees their efforts when removing or encapsulating
asbestos to ensure that asbestos is handled in a manner that is protective of human health.
Any project that involves demolition or the removal of more than 240 linear feet or more
than 160 square feet of asbestos-containing material is subject to federal standards under
EPA’s National Emission Standards for Hazardous Air Pollutants (NESHAP) program. All
projects are subject to additional requirements under state laws and regulations. Projects
can range from something as small as a single pipe wrapping to a major removal project at
a power plant or other large facility.
AUTHORITY
FEDERAL: Clean Air Act, Title 1, Section 112
STATE:
Environment Article, Title 6, Subtitle 4; COMAR 26.11.21
PROCESS
Removing or encapsulating asbestos is required to be done by a contractor licensed by
MDE. The contractor is required to notify the Department of the location of the activity and
the approximate amount of asbestos-containing material to be removed or encapsulated
prior to undertaking the work. From the information contained in the notification, the
Department will determine whether the project is required to meet federal safety standards.
Approximately 25% to 30% of all asbestos projects undertaken are subject to federal
program requirements. Projects subject to such requirements are considered a priority and
an inspection will generally take place. Priority is also given to inspecting contractors with
poor performance records, projects in close proximity to other priority projects (for
inspection efficiency) and projects for which complaints have been lodged. The focus of an
inspection is on determining whether a contractor is adhering to the standards designed to
protect workers and the public from exposure to asbestos.
INSPECTION COVERAGE RATE
The inspection coverage rate is computed as the number of sites inspected divided by the
number of notifications received. Note that the Program receives notifications for any
amount of asbestos that is disturbed. This will include notifications for one to two feet of
removal in which the project will last for maybe two hours, to notification for thousands of
linear and square feet, in which the project may last up to twelve months. State law
governs the notification process for small projects, and requires only that the contractor
notify the Department before the project begins. The larger projects are governed by
federal requirements, and the contractor is required to notify at least ten days prior to
beginning the project. It is more likely that an inspection will take place at a site where
removal will last a day or more. The Program is required by state law to annually inspect at
MDE FY 2011 Annual Enforcement and Compliance Report
38
least one asbestos removal project by each contractor.
requirement.
The Program meets this
SUCCESSES/CHALLENGES
Contractors intending to abate asbestos are required to notify MDE.
MDE inspects as
many of these projects as possible, generally focusing on the more substantial projects. In
FY 2011, the Division inspected about 21% of sites that provided notification to MDE. The
number of notifications received in FY 2011 was 2,917 compared to 2,851 in FY 2010.
MDE FY 2011 Annual Enforcement and Compliance Report
39
Asbestos
Performance Measure
TOTAL
PERMITTED SITES/FACILITIES
Number of permits/licenses issued (Asbestos Contractor Licenses)
150
Number of permits/licenses in effect at fiscal year end
138
OTHER REGULATED SITES/FACILITIES
Number of Asbestos Notifications Received
2,917
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
626
Number of sites audited but not inspected (places where MDE reviewed submittals
but did not go to the site)
0
Number of sites evaluated for compliance (sum of the two measures above, same
as #11 on the prior charts)
626
Number of inspections, spot checks (captures number of compliance activities at
sites)
828
Number of audits (captures number of reviews of file/submittals for compliance)
0
Number of inspections, audits, spot checks (sum of the two measures above)
828
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
24
Percentage of inspected sites/facilities with significant violations
4%
Inspection coverage rate (number of sites inspected/coverage universe)
21%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
29
Number of significant violations based on technical/preventative deficiencies
0
Number of significant violations carried over awaiting disposition from previous fiscal
year
34
Total number of significant violations (sum of the three measures above)
63
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
48
Ongoing
15
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
10
Administrative Civil/Judicial
Total
Number of show cause, remedial, corrective
actions issued
0
0
0
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
29
0
29
Number of referrals to Attorney General for possible criminal action
0
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$115,250
MDE FY 2011 Annual Enforcement and Compliance Report
40
Asbestos
Inspection Coverage Rate
2011 Coverage Universe = 2,917
Coverage Rate = 21%
626
2,291
Inspected Universe
Uninspected Universe
Number of Enforcement Actions
Number of Inspections, Audits and Spot
Checks
30
1000
800
20
600
29
967
400
828
784
10
15
200
0
2009
2010
2011
13
0
2009
2010
MDE FY 2011 Annual Enforcement and Compliance Report
2011
41
Radiation Machines Division
PURPOSE
The Radiation Machines Division (RMD) regulates manufactured electronic sources of
radiation to minimize the amount of unnecessary radiation exposure received by the
general public. These electronic radiation sources include dental and veterinary x-ray
machines, mammography (breast imaging) machines, diagnostic and therapeutic radiation
machines, and other electronic radiation devices such as security screening devices used
in research or industry.
State regulations, which derive in part from U. S. Food and Drug Administration (FDA)
statutory and regulatory directives and guidelines, require that all radiation exposures be
“As Low As Reasonably Achievable” (ALARA). Radiation exposure can cause adverse
health effects, with risk that varies depending upon the amount of radiation received,
frequency of radiation exposures, and radio-sensitivity of body parts. Although the medical
benefits of diagnostic and therapeutic treatment procedures far outweigh potential risks of
sustained biological damage, evidence suggests that cells in the human body can be
damaged by numerous small exposures over time, and that these multiples exposures
have a cumulative health effect that may be as detrimental as receiving a single large
exposure. There is growing awareness in the health community that human health impacts
from radiation machine procedures, such as computed tomography (CT), are on the rise
due to the increased use of this radiation machine. To some degree, x-ray imaging has
replaced procedures that do not require radiation, such as ultrasound or magnetic
resonance, causing the general public to increase their level of radiation exposure.
AUTHORITY
FEDERAL: Radiation Control for Health and Safety Act of 1968, 21CFR1000;
Mammography Quality Standards Act; 21CFR900
STATE:
Environment Article, Title 8 “Radiation”;
COMAR 26.12. Radiation Management
PROCESS
The RMD ensures all radiation machine facilities are inspected on cycles required by
statute, regulation, administrative policy, or contract. Note that while mammography
inspection reports are provided to the FDA for follow-up enforcement actions, the FDA’s
response actions are not included in this report.
Dental, veterinary, and mammography facilities are required to renew the radiation machine
facility registration of the x-ray equipment every two years. Facilities with x-ray machines
subject to certification are required to renew the radiation machine facility registration on
the same schedule as the certification inspection frequency presented in the chart below.
SUCCESSES/CHALLENGES
The RMD’s procedure to assess fines for violations at the time of an inspection has
increased overall compliance with the greatest increase being observed in the medical
facilities. Also a contributing factor to the increased compliance is that all radiation
MDE FY 2011 Annual Enforcement and Compliance Report
42
machines are required to maintain their machines according to manufacturer specifications.
The RMD continues to work with the regulated community regarding health issues.
The number of enforcement actions against dental facilities has decreased significantly in
FY 2011 due to a change in state law that took effect on June 1, 2010. The change
provides that if dental facilities correct violations of regulatory requirements within twenty
working days of an inspection the Department is prevented from assessing a financial
penalty for those violations, unless they are deemed to present a serious and probable
danger to the patients or employees of a dental facility. Even though the dental community
has been given leeway on the amount of time to correct their violation(s), and the
inspection is announced 30 days in advance, their initial compliance rate is still averaging
less than 50 percent. One of the challenges of this law is the impact that it may have on
other regulated entities since they are not afforded 20 working days to correct a violation.
Whenever a misadministration or an overexposure at a registered facility occurs, the RMD
continues to attend all radiation safety meetings held by the facility. These meetings are
mandated by a Departmental Order and provide a forum to address public health concerns
and improve radiation safety procedures.
The chart below shows the types of facilities regulated and the frequency at which they are
inspected. For clarity, please note that the words machine and tube are used
interchangeably. (See below).
Facility Type
Registered X-ray Tubes*
High Energy & Particle
Accelerators
Medical (Therapy)
Accelerators
Hospitals
Physicians: Chiropractic,
MD, GP, Podiatric
Industrial
Dental
2 facilities, 2 Certified Tubes
Inspection
Frequency
Annual
43 facilities, 72 Certified Tubes
Annual
62 facilities, 1,188 Certified Tubes
1,230 facilities, 1,810 Certified
Tubes
266 facilities, 555 Certified Tubes
2,739 facilites, 9,513 Tubes
Biennial
Biennial
Triennial
Triennial
Veterinary
Mammography
436 facilities, 582 Tubes
140 facilities, 186 tubes
Triennial
Annual
*Code of Maryland Regulations (COMAR) 26.12.03 states that “Radiation Machine” means a device that is
capable of producing radiation. On any radiation-producing equipment with more than one x-ray tube, or
other single point from which radiation may be emitted, each x-ray tube or radiation emission point is
considered a separate radiation machine. “Tube” is defined in COMAR 26.12.01.01 as an x-ray tube or other
single point from which radiation may be emitted.
MDE FY 2011 Annual Enforcement and Compliance Report
43
Radiation Machines
Performance Measure
TOTAL
PERMITTED SITES/FACILITIES
Number of new facility registrations issued
207
Number of facility registrations in effect at fiscal year end
4,918
OTHER REGULATED SITES/FACILITIES
213
Number of service companies registered at fiscal year end *
Number of licensed private inspectors at fiscal year end *
77
Number of plan review or area surveys reviewed at fiscal year end *
140
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
1,824
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
0
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
1,824
Number of inspections, spot checks (captures number of compliance activities at sites)
4,664
Number of audits (captures number of reviews of file/submittals for compliance)
0
Number of inspections, audits, spot checks (sum of the two measures above,)
4,664
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
472
Percentage of inspected sites/facilities with significant violations
26%
Inspection coverage rate (number of sites inspected/coverage universe) **
37%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
0
Number of significant violations based on technical/preventative deficiencies
949
Number of significant violations carried over awaiting disposition from previous fiscal
171
year
Total number of significant violations (sum of the three measures above)
1120
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
939
Ongoing
181
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
14
Administrative Civil/Judicial
Total
Number of show cause, remedial, corrective actions
issued
18
3
21
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
130
0
130
Number of referrals to Attorney General for possible criminal action
0
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$207,151
* Measure added in FY 2002
** Coverage is computed as the number of sites inspected divided by the sum of the number of facility
registrations, the number of registered service providers, and the number of licensed private inspectors.
Plan reviews were not considered since each of those should be at sites that would be included as
permitted sites.
MDE FY 2011 Annual Enforcement and Compliance Report
44
Radiation Machines Division
Inspection Coverage Rate
2011 Coverage Universe = 4,918
Coverage Rate = 37%
1,824
3,094
Inspected Universe
Uninspected Universe
Number of Enforcement Actions
Number of Inspections, Audits and Spot
Checks
800
5000
600
4000
3000
400
2000
4,150
4,664
617
3,834
200
466
1000
151
0
0
2009
2010
2011
2009
2010
MDE FY 2011 Annual Enforcement and Compliance Report
2011
45
Radioactive Materials Licensing and Compliance
PURPOSE
The Radioactive Materials Licensing and Compliance Division (RAMLCD) issues licenses
to, and inspects, hospitals, cancer treatment and diagnostic imaging centers, private
medical practices, construction, research and development firms, academic institutions,
nuclear pharmacies, and manufacturers and distributors of sealed sources and devices
(SS&D). RAMLCD regulation of the use, handling, and control of both generally and
specifically licensed radioisotopes is mandated to protect the health and safety of radiation
workers and the general public as well as minimize environmental contamination. Facility
radiation safety programs are carefully evaluated during the licensing and inspection
process to establish compliance with Maryland radiation regulations in such areas as
security of radioactive material; training of personnel; possession of adequate protective
devices; and control of radiation hazards. RHP is also the primary State responder to
public hazards involving radioactive material, such as transportation incidents or other
incidents involving loss of control of radioactive material. RHP is also one of the primary
State responders should there be a radiation incident at a fixed nuclear facility. The
RAMLCD also evaluates new and modified devices containing sealed radiation sources
submitted by Maryland companies for radiation safety and engineering reliability prior to the
issuance of SS&D Certifications.
AUTHORITY
FEDERAL: Atomic Energy Act of 1954, as amended;
10 CFR (Nuclear Regulatory Commission) Parts 1-171
STATE:
Environment Article, Title 8; “Radiation”;
COMAR 26.12. Radiation Management
PROCESS
The RAMLCD inspects facilities for compliance with radiation regulations and adherence to
license conditions and radiation safety procedures and practices. Inspections are
performed over a one-to-four-day period by one inspector or a team of inspectors at a
frequency based on the quantity, activity and toxicity of the radioisotope(s), the potential
hazard resulting from its use, and the nature of the operation. Inspection frequency ranges
from annual to every five years, with possible modification for licensees with a poor
compliance history. Corrective actions are required immediately and are verified by formal
licensee responses and possible follow-up inspections.
RAMLCD also conducts
investigations throughout Maryland in response to radioactive materials (RAM) incident
reports, complaints, suspected violations, or unauthorized RAM use. The Division also
oversees the decommissioning of previously licensed RAM facilities, conducts safety
evaluations on RAM sources and devices, and performs pre-licensing visits to all applicants
prior to the issuance of a license. Additionally, the RAMLCD performs inspections on at
least 25% of the most hazardous radiation operations conducted in Maryland by out-ofState licensees under reciprocal recognition of their licenses.
MDE FY 2011 Annual Enforcement and Compliance Report
46
SUCCESSES/CHALLENGES
Successes in FY 2011 include the continued implementation, through the licensing and
inspection process, of additional increased security controls for those licensees with
sufficient quantities and types of radioactive materials, that if stolen would pose a national
security threat; the evaluation of the radiation safety and engineering, and the device
registration, of a complex sealed source medical device prior to allowing the use and sale
of the device across the country; Maryland’s implementation of the National Source
Tracking System; and training of state and local personnel to assure statewide
preparedness for a nuclear utility accident. Challenges include the further evaluation and
implementation of increased security for radioactive material in Maryland and continued
outreach and education of Maryland citizens regarding the actual hazards of ionizing
radiation.
INSPECTION COVERAGE RATE
The following chart shows the inspection frequency, the number of licenses that are
inspected at that frequency, and an example of the type of licenses:
Inspection Frequency
Number of Licenses
Annual
9
2 Years
47
3 Years
123
5 Years
419
Examples of License Types
Academic & Medical Research
Nuclear Pharmacies
Gamma Knife (cancer therapy)
Remote Afterloader (cancer
therapy)
Industrial Radiography
Mobile Medical Vans
Hospitals
Brachytherapy (cancer therapy)
Medical Offices
Fill/Density Gauges
Nuclear Pacemakers
Diagnostic Nuclear Medicine
Notes for above table:
Licenses inspected in the annual, two-year and three-year inspection frequencies are the most complex and
represent those types of radioactive material activities with the greatest radiation hazard to users and
members of the general public.
Facility radioactive material inspections are resource-intensive. Onsite facility inspection times vary from half
a day with one inspector for the five-year inspection frequency, to a four-day inspection with three inspectors
for certain extremely complex annual inspections.
MDE FY 2011 Annual Enforcement and Compliance Report
47
Radioactive Materials
Performance Measure
TOTAL
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
534
Number of permits/licenses in effect at fiscal year end
599
OTHER REGULATED SITES/FACILITIES
Sources from other jurisdictions
58
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)*
145
Number of sites audited but not inspected (places where MDE reviewed submittals but
0
did not go to the site)
Number of sites evaluated for compliance (sum of the two measures above, same as
226 ***
#11 on the prior charts)
Number of inspections, spot checks (captures number of compliance activities at sites)
173
Number of audits (captures number of reviews of file/submittals for compliance)
0
Number of inspections, audits, spot checks (sum of the two measures above)
173
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
5
Percentage of inspected sites/facilities with significant violations
3%
Inspection coverage rate (number of sites inspected/coverage universe)**
22%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
0
Number of significant violations based on technical/preventative deficiencies
15
Number of significant violations carried over awaiting disposition from previous fiscal
3
year
Total number of significant violations (sum of the three measures above)
18
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
10
Ongoing
12
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
90
Administrative Civil/Judicial Total
Number of show cause, remedial, corrective actions
0
0
0
issued
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
43****
3
46
Number of referrals to Attorney General for possible criminal action
0
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$146,290
* Number of licensees inspected at least once
** Coverage is computed as the number of licenses inspected divided by the sum of the number of permits/licenses in
effect plus the number of sources from other jurisdictions since each could be cause for inspection.
***This value exceeds the sum of the two rows above due to radioactive material inspections sometimes being conducted
at more than one site for a given source.
****This number includes notices of violation issued for non-significant violations.
MDE FY 2011 Annual Enforcement and Compliance Report
48
Radioactive Materials
Inspection Coverage Rate
2011 Coverage Universe = 657
Coverage Rate = 22%
145
512
Inspected Universe
Uninspected Universe
Number of Inspections, Audits and Spot
Checks
Number of Enforcement Actions
75
300
50
200
274
62
217
100
64
25
46
173
0
2009
2010
2011
0
2009
MDE FY 2011 Annual Enforcement and Compliance Report
2010
2011
49
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MDE FY 2011 Annual Enforcement and Compliance Report
50
LAND MANAGEMENT ADMINISTRATION
MDE FY 2011 Annual Enforcement and Compliance Report
51
Land Management Administration
Executive Summary
The Land Management Administration (LMA) is responsible for enforcing requirements
related to underground storage tanks, lead paint, and solid and hazardous waste
management. In addition, as part of the agency reorganization in July of 2009, the Mining
Program that oversees coal and non-coal mining, as well as oil and gas drilling, is now under
LMA management. Also, the newly-created Concentrated Animal Feeding Operations
Section, initially housed within MDE’s Water Management Administration, is now within the
LMA Solid Waste Program – Nutrient Resources Division.
In FY 2011, the number of sites inspected and the number of site inspections conducted
increased as compared to FY 2010. The total number of inspections, spot checks, and
audits increased by 10% in FY 2011 as compared to FY 2010. Compliance assistance
actions were essentially unchanged from FY 2010. The number of enforcement actions
increased by 33% in FY 2011 as compared to FY 2010. There was a slight increase in
number of permits and licenses in effect during FY 2011 as compared to FY 2010 and the
number of other regulated sites/facilities slightly decreased in FY 2011.
The Hazardous Waste Program ensures protection of public health and the environment from
releases of hazardous waste. In FY 2011, there were 20 permitted Treatment, Storage, and
Disposal (TSD) facilities in Maryland. Waste minimization activities by generators of
hazardous waste continue to reduce the need for treatment, storage and disposal of
hazardous waste. The number of inspections, audits, and spot checks in the Hazardous
Waste Program decreased in FY 2011 to 426 from 455 in FY 2010. While all the TSD
facilities were inspected in FY 2011, only 1.48% of the total facilities that generate hazardous
waste were inspected in FY 2011.
In the Lead Poisoning Prevention Program, the percentage of children statewide with blood
lead levels equal to or greater than 10 micrograms per deciliter remain unchanged from the
previous year for the first time Statewide. The total number of inspections, audits and spot
checks increased to 36,750 in FY 2011 from 29,869 in FY 2010. In FY 2011, the number of
enforcement actions increased to 884 from 660 in FY 2010. Many of the enforcement actions
continue to result in multiple-property or global settlements.
During this reporting period, there was a decrease in identified oil-contaminated subsurface
sites in the Oil Control Program (OCP) from 1,205 in FY 2010 to 990 in FY 2011, the sixth
consecutive year of decrease. The number of above-ground oil storage facilities inspected
decreased to 390 in FY 2011 from 561 in FY 2010, and the number of inspections, audits,
and spot checks decreased to 638 in FY 2011 from 953 in FY 2010. Spill response activities
reduced to 121 in FY 2011. The number of underground storage tank sites inspected
increased to 2,392 in FY 2011 from 1,648 in FY 2010. However, due to OCP’s private thirdparty inspection program and the filling of staff vacancies, the number of inspections, audits,
and spot checks increased rapidly in recent years from just 399 in FY 2006 to 5,236 in FY
2011. Concurrently, the enforcement activities increased to 132 in FY 2011 from 56 in FY
2010.
MDE FY 2011 Annual Enforcement and Compliance Report
52
The Solid Waste Program is responsible for overseeing Refuse Disposal, Scrap Tires
Enforcement, Sewage Sludge Utilization, Concentrated Animal Feeding Operations, and
Natural Wood Waste Recycling activities. In the refuse disposal function, the inspection
coverage rate for permitted facilities was maintained during FY 2011 at 100%. The Solid
Waste Program’s number of refuse disposal site inspections increased during FY 2011 to
1,064 from 961 in FY 2010 with visits to 247 sites. The enforcement actions increased to 59
from 49 in FY 2010. A total of 34 significant violations were resolved and 24 compliance
assistance actions rendered in FY 2011. During FY 2011, 565 operators submitted Notices
of Intent to be covered by either CAFO or a MAFO permit and 76 operations were fully
registered under the General Discharge Permit. A total of 365 inspections were conducted at
CAFO/MAFO Sites and 9 enforcement actions were issued.
The Program continued the cleanup of scrap tire stockpiles, with 64 stockpiles and
approximately two million scrap tires remaining to be cleaned up. New stockpiles are still
discovered every year, and during FY 2011 a total of 22 new sites were discovered. A total
of 35 stockpiles were cleaned up in FY 2011, resulting in removal of 484,060 scrap tires.
There was a slight decrease in the numbers of scrap tire site inspections conducted in FY
2011 to 801 from 840 in FY 2010. In addition, there were 2,980 audits of semi-annual scrap
tire reports, which resulted in the increased cumulative count of 3,781 inspections and audits.
The number of scrap tire enforcement actions decreased to 12 in FY 2011 from 19 in FY
2010, and 52 significant violations were resolved in FY 2011.
There were no enforcement actions related to unpermitted land application of sewage sludge
during FY 2011. The Program’s number of inspections decreased to 453 during this
reporting period compared to 549 in FY 2010. Enforcement actions in FY 2011 decreased to
2 from 11 in FY 2010.
Land Management Administration
Performance Measures Executive Summary
2010 Totals
PERMITTED SITES/FACILITIES
Number of Permits/licenses Issued
Number of Permits/Licenses in Effect at Fiscal Year End
2011 Totals
2,998
9,817
3,025
9,772
150,355
150,213
INSPECTIONS
Number of Sites Inspected
Number of Sites Audited but Not Inspected*
Number of Inspections, Audits, Spot Checks
33,720
4,605
55,511
41,499
9,617
61,035
ENFORCEMENT ACTIONS
Number of Compliance Assistance Rendered
Number of Enforcement Actions Taken
14,253
921
14,301
1,223
$896,206
$1,077,067
OTHER REGULATED SITES/FACILITIES
Other Sites
PENALTIES
Amount of Administrative or Civil Penalties Obtained
MDE FY 2011 Annual Enforcement and Compliance Report
53
Land Restoration Program
PURPOSE
The Land Restoration Program (LRP) protects public health and the environment by
identifying sites that are, or potentially are, contaminated by controlled hazardous
substances. Once identified, the sites are prioritized for remedial activities. The sites are
then listed on the State Master List (see Appendix I) and in the Disposal Site Registry.
AUTHORITY
FEDERAL: Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA)
STATE:
Environment Article, Title 7, Subtitle 2; COMAR 26.14
PROCESS
LRP conducts and/or oversees environmental assessment and cleanup projects in Maryland.
The assessment activities include investigating and sampling sites to determine whether
cleanup is necessary. If the identified contamination is determined to represent a risk to
public health or the environment, remedial activities are conducted to address the sites
contaminated by controlled hazardous substances.
Assessments and cleanups are
conducted based on available resources. The Disposal Site Registry ranks those sites that
are the highest priority for investigation and remedial action based on the federal Hazard
Ranking System score.
SUCCESSES/CHALLENGES
The number of sites on the State Master List at the end of FY 2011 was 248. During the
year, an additional 3 sites were moved to the Formerly-Investigated Sites category (see
Appendix J) for a total of 190 sites given this designation. The Disposal Site Registry
included 19 National Priority List (NPL) sites, which are addressed by USEPA under the
federal Superfund law. The Program conducted one Preliminary Assessment (PA), four Site
Investigations (SI), three combined PA/SIs during FY 2011.
The LRP is continuing to work with EPA on five active private NPL sites and one site
proposed for the NPL. The five NPL sites are in the process of Remedial Design: Central
Chemical, Maryland Sand, Gravel and Stone; Spectron; Ordnance Products; and Kane and
Lombard. One site proposed for the NPL, the 68th Street Dump, is being managed under the
EPA’s Superfund Alternative Site Initiative, which allows the Responsible Party to implement
a NPL-caliber remediation without NPL listing. Discussions to determine the remedial action
at the 68th Street Dump are underway between EPA, MDE and the Responsible Parties.
MDE FY 2011 Annual Enforcement and Compliance Report
54
Hazardous Waste Program
PURPOSE
The Resource Conservation and Recovery Act (RCRA) established a system for controlling
the disposition of hazardous waste from generation to disposal. Responsibility for
implementing Maryland’s hazardous waste regulatory program has been assigned to the
Land Management Administration’s Technical Services and Operations Program (TSOP) and
to its Hazardous Waste Program (HWP). The Technical Services and Operations Program is
responsible for the review and issuance of hazardous waste treatment, storage, or disposal
(TSD) facility permits. TSOP also partners with the U.S. Environmental Protection Agency in
the review, issuance, and monitoring of Corrective Action Permits. The HWP’s Hazardous
Waste Enforcement Division enforces all permits and regulated activities involving hazardous
waste generators, transporters, and TSD facilities through a program of inspections,
monitoring, and enforcement actions, including the issuance of site complaints, Notices of
Violation, Consent Orders and Complaint and Orders.
AUTHORITY
FEDERAL: Resource Conservation and Recovery Act (RCRA) - Subtitle C
STATE:
Environment Article, Title 7, Subtitle 2; COMAR 26.13
PROCESS
HWP’s Hazardous Waste Enforcement Division is responsible for violation discovery and
compliance activities. The focus of the enforcement program is on permitted hazardous
waste TSD facilities and hazardous waste generators that pose the greatest threat to public
health and the environment, have been previously cited for violations, or continue to be out of
compliance. Enforcement and compliance is accomplished by scheduled inspections of
permitted TSD facilities, unannounced inspections of large quantity generators of hazardous
waste, and investigations of complaints. All federal and State permitted TSD facilities, as
well as those that receive off-site waste, are inspected at least once a year.
The program targets federally-defined large quantity generators (LQGs are defined in
Federal regulations as generating greater than or equal to 1000 kilograms/2200 pounds of
hazardous waste in any calendar month) as a priority. These large quantity generators are
also routinely inspected. Those that have never been inspected are the first priority along
with those that have not been inspected in the last three years. There were approximately
375 Large Quantity Generators (LQGs) in FY 2011. In addition to TSDs and LQGs,
Maryland also has almost 10,000 facilities that are federally registered as generating smaller
quantities of hazardous waste. Resources do not allow routine inspection of these
generators, so they are generally inspected only when complaints are received.
SUCCESSES/CHALLENGES
HWP’s enforcement and compliance program found fewer significant violations in FY 2011.
During FY 2011, the inspection coverage rate decreased from 2.2% in FY 2010 to 1.57% in
FY 2011. A total of 235 sites were evaluated for compliance and 158 of these sites received
on site inspections.
MDE FY 2011 Annual Enforcement and Compliance Report
55
Hazardous Waste
Performance Measure
PERMITTED SITES/FACILITIES
Number of permits/registrations issued
Number of permits/registrations in effect at fiscal year end
OTHER REGULATED SITES/FACILITIES
Hazardous waste generators
New EPA ID numbers Issued
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)*
Number of sites receiving Off-Site Audits & Record Reviews, but not inspected
TOTAL
1
20
10,684
214
158
77
Number of sites evaluated for compliance (sum of the two measures above, same as
235
#11 on the prior charts)
Number of inspections, spot checks (captures number of compliance activities at sites)
337
Number of off-site audits (captures number of reviews of file/submittals for compliance)
89
Total number of inspections, audits and spot checks
426
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
11
Percentage of inspected sites/facilities with significant violations
7%
Inspection coverage rate (number of sites inspected/coverage universe)
1.57 %
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
32
Number of significant violations based on technical/preventative deficiencies
11
Number of significant violations carried over awaiting disposition from previous fiscal
38
year
Total number of significant violations (sum of the three measures above)
81
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
58
Ongoing
23
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
33
Administrative Civil/Judicial
Total
Number of show cause, remedial, corrective actions
issued
1
0
1
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
34
0
34
Number of referrals to Attorney General for possible criminal action
1
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$154,800
*All 20 permitted TSD facilities were inspected..
MDE FY 2011 Annual Enforcement and Compliance Report
56
Hazardous Waste
Inspection Coverage Rate
2011 Coverage Universe = 10,684
Coverage Rate = 1.57%
158
10,449
Inspected
Uninspected
Number of Enforcement Actions
Num ber of Inspe ctions, Audit s a nd
S pot Checks
75
600
60
450
45
300
448
455
426
30
52
58
150
35
15
0
2009
2010
2011
0
2009
2010
MDE FY 2011 Annual Enforcement and Compliance Report
2011
57
Lead Poisoning Prevention Program
PURPOSE
The Lead Poisoning Prevention Program (LPPP) oversees activities designed to reduce the
incidence of childhood lead poisoning. These activities involve accreditation and oversight of
lead abatement services contractors, maintenance of a registry of rental properties,
maintenance of a registry of children with elevated blood lead levels (greater than or equal to
10 micrograms per deciliter), and enforcement of the statute and regulations.
AUTHORITY
FEDERAL: Toxic Substances Control Act
STATE:
Environment Article, Title 6, Subtitles 3, 8 & 10; COMAR 26.16.01-.04 and
Environment Article, Title 7, Subtitle 2; COMAR 26.02.07
PROCESS
All affected properties (pre-1950 rental dwelling properties) must meet specified standards of
care: risk reduction standards, registration of the rental property, and distribution to tenants of
two documents explaining tenant rights and the hazards of lead paint. Maryland law requires
that all blood lead level test results be reported to MDE, which in turn reports all results for
children at risk to the local Health Departments for case management.
SUCCESSES/CHALLENGES
The percentage of children with blood lead levels equal to or greater than 10 micrograms per
deciliter (>10 µg/dl) remain unchanged from the previous year for the first time Statewide.
This information is compiled on a calendar-year basis from the blood test reports prepared by
various laboratories. The number of children tested with elevated blood lead levels
decreased from 553 in 2009 to 539 in 2010, but the percentage of children tested who had
elevated blood lead levels also remained at 0.5%. More children were tested in 2010
(114,835) than in 2009 (107,416).
MDE FY 2011 Annual Enforcement and Compliance Report
58
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MDE FY 2011 Annual Enforcement and Compliance Report
59
Lead Poisoning Prevention
Performance Measure
PERMITTED SITES/FACILITIES
Number of permits/registrations issued (Accreditations)
Number of permits/registrations (Accreditations) in effect at fiscal year end
OTHER REGULATED SITES/FACILITIES
Rental dwelling units registered this year*
Total rental dwelling units in registered properties**
Affected properties as of end FY
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
By accredited lead paint service providers
By MDE
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
Number of sites evaluated for compliance (sum of the three measures above, same as
#11 on the prior charts)
Number of inspections, spot checks (captures number of compliance activities at sites)
By Accredited Lead Paint Service Providers
By MDE
Number of audits (captures number of reviews of file/submittals for compliance)
Number of inspections, audits, spot checks (sum of the three measures above)
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
Percentage of inspected sites/facilities with significant violations ***
Inspection coverage rate (number of sites inspected/coverage universe) ****
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
Number of significant violations based on technical/preventative deficiencies
Number of significant violations carried over awaiting disposition from previous fiscal year
Total number of significant violations (sum of the three measures above)
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
Ongoing
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
Administrative Civil/Judicial
Number of show cause, remedial, corrective actions
issued
607
0
Number of stop work orders
0
0
Number of injunctions obtained
0
Number of penalty and other enforcement actions
277
0
Number of referrals to Attorney General for possible criminal action
Number of SEPs entered into / units affected
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
TOTAL
1,478
3,130
5,860
67,674
134,530
32,617
3,664
23
36,304
32,617
4,110
23
36,750
219
6%
27%
702
18
657
1,377
587
790
148
Total
607
0
277
0
5/62
$693,539
*New registrations
** Registrations through 12/31/10 (new and renewal).
*** Significant violation percentage is based on MDE inspections only.
****Inspection coverage rate includes MDE and third-party inspections.
MDE FY 2011 Annual Enforcement and Compliance Report
60
Lead Poisoning Prevention
Inspection Coverage Rate
2011 Coverage Universe = 134,530
Coverage Rate = 27%
36,281
98,249
Inspected
Uninspected
Number of Enforcement Actions
Number of Inspections, Audits and
Spot Checks
1000
40000
800
30000
600
20000
36,750
30,065
29,869
10000
400
884
732
660
200
0
2009
2010
2011
0
2009
2010
MDE FY 2011 Annual Enforcement and Compliance Report
2011
61
Oil Control Program - Aboveground Facilities
PURPOSE
The Oil Control Program (OCP) performs a broad range of activities related to the safe
handling, storage, and remediation of petroleum products. OCP issues permits and performs
oversight for aboveground storage facilities, oil-contaminated soil, and the transportation of
oil products, including ethanol and biodiesel, in Maryland. OCP also issues permits related
to discharge activities and awards and audits licenses for the import of petroleum products
into Maryland.
AUTHORITY
STATE: Environment Article, Title 4, Subtitle 4; COMAR 26.10
PROCESS
Regional environmental compliance specialists (ECSs) schedule routine inspections of the
facilities. During the inspection, facility conditions are documented and the permittee is
advised of the status of compliance. If corrective action is warranted, the facility is directed in
accordance with MDE’s guidelines and procedures. The inspection frequency can be
adjusted as conditions warrant. In addition, two staff engineers tasked with writing permits
for these facilities visit facilities prior to issuing new or renewal permits. These site visits may
also lead to the discovery of violations. Staff engineers provide support to the ECS staff
upon request. The ECS also responds to oil spills throughout the State at facilities that do
not require a permit.
SUCCESSES/CHALLENGES
The combination of compliance assistance, regular permit application and review, and
enforcement continues to result in improved management of aboveground storage tanks
containing petroleum. Inspection of aboveground oil storage facilities decreased from 561 in
FY 2010 to 390 in FY 2011. Spill response activities decreased from 152 in 2010 to 121 in
FY 2011. Permit application reviews, permit renewal site visits, and random inspections
continue to reveal violations that, if left unaddressed, would result in releases to the
environment or catastrophic tank failure during a fire or other emergency at a facility.
MDE FY 2011 Annual Enforcement and Compliance Report
62
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MDE FY 2011 Annual Enforcement and Compliance Report
63
OCP - Aboveground Facilities
Performance Measure
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
Number of permits/licenses in effect at fiscal year end*
OTHER REGULATED SITES/FACILITIES
Initial spill response
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
Number of sites receiving off-site audits and record reviews, but not inspected
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
Number of inspections, spot checks (captures number of compliance activities at sites)
Number of audits (captures number of reviews of file/submittals for compliance)
Number of inspections, audits, spot checks (sum of the two measures above)
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
Percentage of inspected sites/facilities with significant violations
Inspection coverage rate (number of sites inspected/coverage universe)**
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
Number of significant violations based on technical/preventative deficiencies
Number of significant violations carried over awaiting disposition from previous fiscal
year
Total number of significant violations (sum of the three measures above)
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
Ongoing
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
Administrative Civil/Judicial
Number of show cause, remedial, corrective actions
issued
2
Number of stop work orders
0
Number of injunctions obtained
0
Number of penalty and other enforcement actions
25
Number of referrals to Attorney General for possible criminal action
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
11
0
0
0
TOTAL
539
1,561
121
390
55
445
583
55
638
13
3%
25%
0
13
10
23
17
6
626
Total
13
0
0
25
0
$26,450
* Permits/licenses. This includes aboveground storage tanks and oil-contaminated soil operations. The Oil (Contaminated
Soil) Operations Permit is issued to facilities that store and/or treat soil contaminated with petroleum product from
underground storage tank leaks or surface spills. Due to the small number of facilities involved, these numbers were
incorporated into the Oil Aboveground Facilities numbers beginning in FY 1999.
** Coverage rate above is computed as the total number of permitted sites inspected and dividing that by the sum of the total
number of permits/licenses in effect. Spill response to aboveground storage tank sites less than permitted capacity is part of
the Program’s universe. However, this number is not included in the inspection coverage rate in order to not bias the
evaluation of the Program’s goal to visit each permitted site on an annual basis.
MDE FY 2011 Annual Enforcement and Compliance Report
64
OCP - Aboveground Facilities
Inspection Coverage Rate
2011 Coverage Universe = 1,561
Coverage Rate = 25%
390
1,171
Inspected Universe
Uninspected Universe
Number of Enforcement Actions
Number of Inspections, Audits
and Spot Checks
40
1000
30
750
20
500
40
38
2010
2011
953
729
638
250
10
23
0
0
2009
2010
2011
2009
MDE FY 2011 Annual Enforcement and Compliance Report
65
Oil Control Program - Pollution Remediation Activities
PURPOSE
The Oil Control Program (OCP) oversees remediation activities at sites where petroleum
products have been discharged and are impacting soil or groundwater. The oversight
ensures that responsible parties remediate the site in a timely manner, protecting the public's
health and the environment. The majority of sites are gasoline service stations, both
operating and closed. Sites also include businesses that have their own petroleum
distribution systems for use in vehicle fleets and commercial and residential heating oil
systems.
AUTHORITY
FEDERAL: Resource Conservation and Recovery Act - Subtitle I
STATE:
Environment Article, Title 4, Subtitle 4; COMAR 26.10
PROCESS
Groundwater and soil cleanups are highly technical in nature, usually requiring numerous site
visits, meetings, and staff time. When a release of petroleum product is reported to OCP, a
team of specialists is assigned to investigate. The team prioritizes the response effort to the
release, based on product type, amount released, and potential impacts from the release.
Each site is in violation by virtue of the fact that a release has occurred. Inspection
frequency is also determined as site conditions warrant. During the inspection of remedial
sites, conditions are documented and the responsible party is given direction and advised of
the status of compliance. There are cases where the responsible party fails to perform the
necessary steps to remediate the discharge. If enforcement action is warranted, the action
will be performed in accordance with MDE’s guidelines and procedures.
SUCCESSES/CHALLENGES
The field activity performed by OCP staff continues to reflect the commitment in time and
resources needed to adequately oversee the cleanups performed by responsible parties.
Multiple site visits are needed to ensure compliance with approved corrective action plans,
especially at release sites that could impact drinking-water wells. OCP has found that a
strong field presence and frequent communication with the responsible party increases
compliance. This approach has more often than not resulted in the containment of releases
to the property where they occurred and for those that had already migrated off the site, the
implementation of a remedial response that prevents further migration.
This reporting period, OCP has been able to reduce the number of active remediation sites
from 1,205 in FY 2010 to 990 in FY 2011. This is the seventh year a decline has been noted.
This may be attributable to OCP case managers’ prioritization of workload and sustained
effort to move cases toward closure.
During FY 2011 the program received $3,712,000 in American Reinvestment and Recovery
Act (ARRA) funds to address remediation of sites where no responsible party has been
identified. These funds will be expended over the next few years to assess and oversee
cleanup of over 50 sites.
MDE FY 2011 Annual Enforcement and Compliance Report
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67
Oil Pollution Remediation Activities
Performance Measure
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
Number of permits/licenses in effect at fiscal year end
OTHER REGULATED SITES/FACILITIES
Groundwater remediation sites*
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
Number of inspections, spot checks (captures number of compliance activities at sites)
Number of audits (captures number of reviews of file/submittals for compliance)
Number of inspections, audits, spot checks (sum of the two measures above)
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
Percentage of inspected sites/facilities with significant violations
Inspection coverage rate (number of sites inspected/coverage universe)
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
Number of significant violations based on technical/preventative deficiencies
Number of significant violations carried over awaiting disposition from previous fiscal
year
Total number of significant violations (sum of the three measures above)
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
Ongoing
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
Administrative Civil/Judicial
Number of show cause, remedial, corrective actions
issued
4
8
Number of stop work orders
0
0
Number of injunctions obtained
0
0
Number of penalty and other enforcement actions
10
0
Number of referrals to Attorney General for possible criminal action
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
TOTAL
0
0
990
452
538
990
1,810
6,311
8,121
12
3%
46%
12
0
11
23
11
12
8,109
Total
12
0
0
10
0
$4,900
* Prior to FY 1999, this number only included releases from federally-regulated UST motor fuel. After FY 1999 the number
reflects all oil releases that have impacted the subsurface environment from any oil storage tank or transport facility.
MDE FY 2011 Annual Enforcement and Compliance Report
68
Oil Pollution Remediation Activities
Inspection Coverage Rate
2011 Coverage Universe = 990
Coverage Rate = 46%
452
538
Inspected Universe
Uninspected Univer se
Number of Enforcement Actions
Number of Inspections, Audits and Spot
Checks
30
10000
8000
20
6000
4000
7,524
8,032
8,121
22
10
11
2000
6
0
0
2009
2010
2011
2009
2010
MDE FY 2011 Annual Enforcement and Compliance Report
2011
69
Oil Control Program – Underground Storage Tank
Systems
PURPOSE
The underground storage tank function of the Oil Control Program (OCP) is a prevention
program that seeks to reduce the incidence and severity of releases associated with the
storage of regulated substances in underground storage tank (UST) systems. This is
accomplished by ensuring compliance with operational requirements at sites that include
service stations, oil terminals, hospitals, schools, military facilities, marinas and similar
facilities. These requirements relate to release detection, corrosion and overfill prevention,
insurance, and construction standards.
AUTHORITY
FEDERAL: Resource Conservation and Recovery Act - Subtitle I
STATE:
Environment Article, Title 4, Subtitle 4; COMAR 26.10
PROCESS
All regulated UST systems in Maryland must be registered with the Department. All tank
technicians and inspectors must pass a MDE test and maintain a certification with the
Program. Beginning in 2006, to increase the coverage rate for UST inspections, MDE
established a new EPA-authorized program using certified, highly-trained private UST
inspectors. When a tank owner receives notice for inspection from MDE, they must hire one
of these private inspectors. When these certified private inspectors find violations, MDE
inspectors conduct followup inspection and enforcement activities.
SUCCESSES/CHALLENGES
The number of sites inspected increased in FY 2011 to 2,392 from 1,648 reported in FY
2010, and there was an increase in enforcement actions this year. The facilities inspected
continue to show a high compliance rate that is above the national average, due at least in
part to the continuing education of OCP-certified private inspectors, and to followup activities
performed by MDE inspectors.
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MDE FY 2011 Annual Enforcement and Compliance Report
71
Oil Underground Storage Tank Systems
Performance Measure
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
Number of permits/licenses in effect at fiscal year end *
OTHER REGULATED SITES/FACILITIES
Registered UST facilities
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
Number of sites receiving off-site audits and record reviews, but not inspected.
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
Number of inspections, spot checks (captures number of compliance activities at sites)
Number of audits (captures number of reviews of file/submittals for compliance)
Number of inspections, audits, spot checks (sum of the two measures above)
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
Percentage of inspected sites/facilities with significant violations
Inspection coverage rate (number of sites inspected/coverage universe)**
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
Number of significant violations based on technical/preventative deficiencies
Number of significant violations carried over awaiting disposition from previous fiscal
year
Total number of significant violations (sum of the three measures above)
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
Ongoing
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
Administrative Civil/Judicial
Number of show cause, remedial, corrective actions
issued
47
15
Number of stop work orders
0
0
Number of injunctions obtained
0
0
Number of penalty and other enforcement actions
70
0
Number of referrals to Attorney General for possible criminal action
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
TOTAL
186
420
3,115
2,392
723
3,115
4,177
1,059
5,236
62
3%
77%
62
0
56
118
46
72
5,174
Total
62
0
0
70
0
$48,478
* Certified UST technicians and removers are part of the regulated community and, therefore, the inspection universe, and were included in
this report starting in FY 2000.
** Coverage rate is computed as the total number of sites inspected divided by the total number of registered UST sites. Technician and
Remover Certifications are part of the Program’s universe. However, this number is not included in coverage rate in order not to bias the
evaluation of the Program’s goal to visit each underground storage tank system on a routine basis.
MDE FY 2011 Annual Enforcement and Compliance Report
72
Oil Underground Storage Tank Systems
Inspection Coverage Rate
2011 Coverage Universe = 3,115
Coverage Rate = 77%
723
2,392
Inspected Univer se
Uninspected Universe
Number of Inspections, Audits and
Spot Checks
Number of Enforcement Actions
150
6000
5000
100
4000
3000
4,930
2000
132
5,236
50
3,986
1000
47
0
2009
2010
2011
56
0
2009
2010
MDE FY 2011 Annual Enforcement and Compliance Report
2011
73
Refuse Disposal
PURPOSE
Improper handling of society's byproducts in the form of domestic, commercial, and industrial
wastes can pose direct threats to both the public health and the quality of Maryland's water
resources. The Solid Waste Program is responsible for two important elements of
environmental regulation: the review of the technical information needed to support
application for new solid waste disposal facilities, and the inspection and enforcement of
regulations at permitted and unpermitted disposal facilities.
Regulated solid waste
acceptance facilities include municipal landfills, rubble landfills, and land-clearing debris
landfills, non-hazardous industrial waste landfills, municipal incinerators, solid waste
processing facilities, and transfer stations.
AUTHORITY
FEDERAL: Resource Conservation and Recovery Act - Subtitle D; 40 CFR 257 and 258
STATE:
Environment Article, Title 9, Subtitle 2; COMAR 26.04.07, 26.04.10
PROCESS
Permits are required for the construction and operation of solid waste acceptance facilities.
The permits ensure that facilities are designed and operated in a manner protective of public
health and the environment. Permit review activities cover a broad range of environmental
and engineering elements to ensure state-of-the-art techniques protect the State's surface
water, groundwater, air, and other natural resources. Routine unannounced inspections are
performed at the facilities to ensure compliance. Inspectors also spend a large percentage of
their time investigating complaints regarding unpermitted facilities and open dumps. The
compliance staff performs inspections and investigations to find, stop, and clean up illegal
dumps and reduce the problems they cause, including odor, soil erosion, discharges of
pollutants to surface water, and groundwater pollution. Corrective orders and penalties may
be issued for violations in accordance with Department guidelines and procedures.
Compliance activities also include environmental monitoring and remediation. Geologists
and engineers review groundwater monitoring and soil gas data to detect aqueous or
gaseous pollutants, which may be migrating through the ground from landfills and dumpsites.
When releases are detected, plans for landfill caps, groundwater and gas extraction, and
treatment systems are required, subject to review and approval by MDE prior to
implementation.
SUCCESSES/CHALLENGES
The Solid Waste Program’s refuse disposal inspection coverage rate was 100% in FY 2011
as it was in FY 2010, with every permitted site (82) inspected. In addition, thirty-three
inspected sites were discovered in significant violation and overall, a total of 34 of 84
significant violations were resolved. Further, there were 177 audits performed during FY
2011.
MDE FY 2011 Annual Enforcement and Compliance Report
74
The Solid Waste Programs number of inspections increased during FY 2011 to 1,064 from
961 in FY 2010 with visits to 247 sites. The enforcement actions slightly increased from 4 in
FY 2010 to 59 in FY 2011. The increase number of inspections and enforcement actions are
due to an increased enforcement presence, due to the addition of compliance staff resources
during the last two years. Also, the numbers of groundwater monitoring reviews/audits at
landfills have increased, with the increased surveillance of groundwater conditions meaning a
greater level of protection for users of groundwater supplies near solid waste facilities.
New challenges for the Solid Waste Program in FY 2012 will be additional responsibility for
the development and implementation of the Department’s new regulations governing coal
combustion byproducts, and the responsibility for hazardous waste activities that include
enforcement all permits and regulated activities involving hazardous waste generators,
transporters, and TSD facilities through a program of inspections, monitoring and
enforcement actions.
MDE FY 2011 Annual Enforcement and Compliance Report
75
Refuse Disposal
Performance Measure
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
Number of permits/licenses in effect at fiscal year end*
OTHER REGULATED SITES/FACILITIES
Unpermitted sites
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)**
Number of sites receiving off-site audits and record reviews, but not inspected.
Number of sites evaluated for compliance (sum of the two measures above)
Number of inspections, spot checks (captures number of compliance activities at sites)
Number of audits (captures number of reviews of file/submittals for compliance)
Number of inspections, audits, spot checks (sum of the two measures above)
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
Percentage of inspected sites/facilities with significant violations
Inspection coverage rate (number of sites inspected/coverage universe)
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
Number of significant violations based on technical/preventative deficiencies
Number of significant violations carried over awaiting disposition from previous fiscal
year
Total number of significant violations (sum of the three measures above)
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
Ongoing
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
Administrative Civil/Judicial
Number of show cause, remedial, corrective actions
issued
5
0
Number of stop work orders
0
0
Number of injunctions obtained
0
1
Number of penalty and other enforcement actions
53
0
Number of referrals to Attorney General for possible criminal action
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
TOTAL
28
82
165
247
0
247
1,064
177
1,241
33
13%
100%
0
40
44
84
34
50
24
Total
5
1
53
7
$19,500
* There were 18 active groundwater discharge permits during FY 2011.
** 82 of the 247 sites inspected were permitted facilities. The remaining sites included unpermitted dumpings, citizen
complaints, other similar solid waste issues, and groundwater discharge permits at closed rubble landfills.
MDE FY 2011 Annual Enforcement and Compliance Report
76
Refuse Disposal
Inspection Coverage Rate
2011 Coverage Universe = 82
Coverage Rate = 100%
0
82
Inspected Universe
Uninspected Universe
Number of Inspections, Audits and Spot
Checks
Number of Enforcement Actions
60
1250
45
1000
750
500
1,044
1,152
1,241
30
59
47
49
2009
2010
15
250
0
2009
2010
2011
0
MDE FY 2011 Annual Enforcement and Compliance Report
2011
77
Scrap Tires
PURPOSE
Licenses are required for the hauling, collection, storage, processing, recycling, and burning
(tire-derived fuel) of scrap tires. These licenses ensure that scrap tires are managed in a
manner protective of public health and the environment.
AUTHORITY
STATE:
Environment Article, Title 9, Subtitle 2;
Environment Article, Title 10, Nuisance Abatement;
COMAR 26.04.08
PROCESS
The licensing system is intended to regulate the management of scrap tires and prevent
illegal dumping. Depending on available revenue, a State special fund can be used when a
landowner fails to clean up a scrap tire dump. Cost recovery from the landowner or other
identifiable responsible party for all costs associated with the cleanup is required, unless the
owner qualifies for an inheritance exemption. In general, larger scrap tire facilities are
inspected more frequently than smaller ones through routine unannounced inspections.
Inspectors also investigate citizen complaints about illegal dumping or handling of scrap tires.
Corrective orders and penalties may be issued for violations in accordance with Department
guidelines and procedures.
SUCCESSES/CHALLENGES
The Program continued the cleanup of scrap tire from illegal stockpiles. New stockpiles are
still discovered every year and during FY 2011 a total of 22 new sites were discovered. A
total of 35 stockpiles were cleaned up in FY 2011 resulting in removal of 484,060 scrap tires.
At the end of FY 2011, there were 64 stockpiles and over two million scrap tires remaining to
be cleaned up.
There was a decrease in the number of scrap tire site inspections conducted in FY 2011 to
801 from 840 in FY 2010. The inspection coverage rate in FY 2011 remained at 17%, the
same as the percentage reported in FY 2010. There were 2,980 audits of scrap tire semiannual reports performed during the first half of FY 2010. Due to staff shortages, during FY
2011 the Scrap Tire Unit only reviewed semi-annual reports for one six-month reporting
period and late reports received from previous reporting periods. This has resulted in the
decreased cumulative count of 3,781 inspections and audits.
Significant violations
decreased from 13 in FY 2010 to 11 in FY 2011. A total of 52 significant violations were
resolved. The number of compliance assistance actions rendered increased to 30 in FY
2011 from 5 in FY 2010.
The Program issued a total of 12 enforcement actions during FY 2011. In FY 2011,
administrative means were used more frequently to obtain compliance with reporting
requirements, rather than enforcement actions. During FY 2011, the rate of compliance of
scrap tire reporting was maintained at 87%. 2,301 out of 2,650 licensed facilities submitted
reports for the January-June 2010 reporting period, the most recent reporting period with
complete data, a small decrease from the 90% compliance rate in FY 2010.
MDE FY 2011 Annual Enforcement and Compliance Report
78
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MDE FY 2011 Annual Enforcement and Compliance Report
79
Scrap Tires
Performance Measure
PERMITTED SITES/FACILITIES
Number of permits/registrations issued
Number of permits/registrations in effect at fiscal year end
OTHER REGULATED SITES/FACILITIES
Stockpiles to be cleaned up
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
Number of inspections, spot checks (captures number of compliance activities at sites)
Number of audits (captures number of reviews of file/submittals for compliance)
Number of inspections, audits, spot checks (sum of the two measures above)
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
Percentage of inspected sites/facilities with significant violations
Inspection coverage rate (number of sites inspected/coverage universe)*
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
Number of significant violations based on technical/preventative deficiencies
Number of significant violations carried over awaiting disposition from previous fiscal
year
Total number of significant violations (sum of the three measures above)
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
Ongoing
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
Administrative Civil/Judicial
Number of show cause, remedial, corrective actions
issued
0
0
Number of stop work orders
0
0
Number of injunctions obtained
0
0
Number of penalty and other enforcement actions
12
0
Number of referrals to Attorney General for possible criminal action
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
TOTAL
415
3,261
64
550
1,575
2,125
801
2,980
3,781
7
1%
17%
0
11
193
204
52
152
30
Total
0
0
0
12
2
$2,750
* Coverage rate above is computed as the total number of sites inspected divided by the total number
of permits/licenses in effect plus the number of stockpiles to be cleaned up.
MDE FY 2011 Annual Enforcement and Compliance Report
80
Scrap Tires
Inspection Coverage Rate
2011 Coverage Universe = 3,325
Coverage Rate = 17%
550
2,775
Inspected Universe
Uninspected Universe
Number of Inspections, Audits and Spot
Checks
Number of Enforcement Actions
300
8000
6000
200
4000
249
6,873
100
2000
4,081
3,781
0
0
2009
2010
2011
2009
19
12
2010
2011
MDE FY 2011 Annual Enforcement and Compliance Report
81
Sewage Sludge Utilization
PURPOSE
Permits are required for the transportation, collection, handling, storage, treatment, land
application, and disposal of sewage sludge in the State. The purpose of the permits is to
ensure that sewage sludge is managed in a manner that is protective of public health and the
environment. Sewage sludge utilized in Maryland is applied mostly for agricultural uses,
composted, pelletized, landfilled, or incinerated. Permit requirements include preparation of
applicable nutrient management plans and other necessary documents.
AUTHORITY
STATE:
Environment Article, Title 9, Subtitle 2; COMAR 26.04
PROCESS
Composting facilities, pelletizers, and storage facilities are inspected several times per year.
Landfill disposal operations are inspected during the course of routine landfill inspections.
Land application sites are inspected when the workload allows or when complaints are
received. The inspector may recommend corrective actions to take, if any are required. If a
significant violation is found, site complaints are issued. Corrective orders and penalties may
be issued for violations in accordance with Department guidelines and procedures.
Inspectors also investigate citizens’ complaints about sewage sludge utilization.
SUCCESSES/CHALLENGES
The Program’s number of inspections slightly decreased during FY 2011 to 545 from 549 in
FY 2010. There were no known instances of unpermitted land application of sewage sludge
or of environmental or health impact.
The inspection coverage rate increased to 33% in FY 2011 from 30% during FY 2010; staff
inspected 249 unique sites. Further, there were 1,310 audits performed during FY 2011,
which resulted in raising the cumulative count for inspections and audits to 1,763. In
addition, 2 enforcement actions were taken and a total of 6 compliance assistance actions
were rendered. Most violations are not significant violations and are the result of accidental
occurrences or misunderstandings, which are quickly resolved through compliance
assistance efforts.
When considering the coverage rate for sewage sludge utilization sites, it should be noted
that many of these sites are farm fields that may only receive sewage sludge once or twice
during a five-year permit life. Inspection efforts are concentrated toward those sites that are
active during the year. The Program will continue reporting the total coverage value for
consistency with past values, and for comparison to other programs.
MDE FY 2011 Annual Enforcement and Compliance Report
82
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MDE FY 2011 Annual Enforcement and Compliance Report
83
Sewage Sludge Utilization
Performance Measure
PERMITTED SITES/FACILITIES
Number of permits/registrations issued
Number of permits/registrations in effect at fiscal year end
OTHER REGULATED SITES/FACILITIES
Unpermitted sites
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
Number of sites receiving off-site audits and record reviews, but not inspected.
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
Number of inspections, spot checks (captures number of compliance activities at sites)
Number of audits (captures number of reviews of file/submittals for compliance)
Number of inspections, audits, spot checks (sum of the two measures above)
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
Percentage of inspected sites/facilities with significant violations
Inspection coverage rate (number of sites inspected/coverage universe)*
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
Number of significant violations based on technical/preventative deficiencies
Number of significant violations carried over awaiting disposition from previous fiscal
year
Total number of significant violations (sum of the three measures above)
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
Ongoing
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
Administrative Civil/Judicial
Number of show cause, remedial, corrective actions
issued
0
0
Number of stop work orders
0
0
Number of injunctions obtained
0
0
Number of penalty and other enforcement actions
2
0
Number of referrals to Attorney General for possible criminal action
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
TOTAL
160
715
31
249
296
545
453
1,310
1,763
2
1%
33%
0
2
3
5
3
2
6
Total
0
0
0
2
0
$1,500
* Coverage rate above is computed as the total number of sites inspected and dividing that by the total number of
permits/licenses in effect.
MDE FY 2011 Annual Enforcement and Compliance Report
84
Sewage Sludge Utilization
Inspection Coverage Rate
2011 Coverage Universe = 746
Coverage Rate = 33%
249
497
Inspected Universe
Uninspected Universe
Number of Enforcement Actions
Number of Inspections, Audit, Spot Check
15
2000
1500
10
1000
1,708
1,763
5
10
11
1,245
500
2
0
0
2009
2010
2011
2009
2010
MDE FY 2011 Annual Enforcement and Compliance Report
2011
85
Concentrated Animal Feeding Operations
PURPOSE
The Concentrated Animal Feeding Operations (CAFO) Section regulates discharges from
farms with animals that are stabled or confined for 45 days or more in any 12-month period in
an area where crops/forage are not grown. Animal feeding operations have the potential to
discharge nutrients and sediments to surface waters if improperly designed, constructed,
operated, or maintained. These facilities are subject to regulation through registration as a
CAFO or MAFO (Maryland Animal Feeding Operation) under a General Discharge Permit for
Animal Feeding Operations. The classification as a CAFO or MAFO is determined by a
combination of factors including the number and type of animals, and the potential for
discharge to waters of the State. This General Discharge Permit requires these entities to be
designed, constructed, operated and maintained according to specific standards which
control or eliminate discharges of pollutants to the waters of the State.
AUTHORITY
FEDERAL: Federal Clean Water Act
STATE: Environment Article, Title 9, Subtitle 3; COMAR 26.08.01 through 26.08.04.
PROCESS
During the five-year duration of the General Permit, every registrant will be inspected at least
once to ensure compliance with the permit conditions, which incorporate relevant portions of
farm-specific Comprehensive Nutrient Management Plans (CNMP), written in accordance
with Maryland Department of Agriculture (MDA) and USDA-Natural Resources Conservation
Service requirements, along with MDA soil conservation and water quality plans. Complaints
involving CAFOs or MAFOs are addressed by inspectors specifically assigned to the CAFO
Section. Enforcement is accomplished through site complaints, notices of violation, and
administrative, civil and criminal mechanisms. The inspector may recommend corrective
actions if any are required. If a significant violation is found, site complaints are issued.
Corrective orders and penalties may be issued for violations in accordance with Department
guidelines and procedures. Inspectors also investigate citizens’ complaints related to CAFOs
and MAFOs and provide compliance assistance to these facilities.
SUCCESSES/CHALLENGES
The CAFO/MAFO program began its implementation phase on July 1, 2009 after a
Department reorganization shifting the program to Land Management Administration.
By the end of the FY 2011, 565 operators submitted Notices of Intent to be covered by either
CAFO or a MAFO permit. 331 of the CAFO operators entered into General Compliance
Schedules with MDE that set schedules and requirements related to permit compliance and a
timeframe for reporting the status of the operators’ completion of a Comprehensive Nutrient
Management Plan (CNMP). Seventy-six operations were fully registered under the General
Discharge Permit. MDE completed 916 inspections, audits, and spot checks by the end of
the fiscal year. Permit fees were waived during FY 2011.
Although not all operations have been registered under the General Discharge Permit, the
General Compliance Schedule has allowed inspectors to have the ability to perform full
MDE FY 2011 Annual Enforcement and Compliance Report
86
inspections of all registered operations in addition to those under the General Compliance
Schedule, currently 407 farms. The remaining operations are subject to Clean Water Act
requirements allowing no discharge without a permit.
The General Compliance Schedules are necessary because the technical assistance needed
to develop CNMPs is far exceeded by the number of farms required by the General
Discharge Permit to have those Plans. The State is continuing to identify additional avenues
for technical assistance with CNMPs. FY 2011 was the first full year of operation for the
program.
MDE FY 2011 Annual Enforcement and Compliance Report
87
Concentrated Animal Feeding Operations
Performance Measure
TOTAL
PERMITTED SITES/FACILITIES
Number of permits/registrations issued
76
Number of permits/registrations in effect at fiscal year end
76
OTHER REGULATED SITES/FACILITIES
Sites with pending registrations
489
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
345
Number of sites receiving off-site audits and record reviews, but not inspected
220
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
565
Number of inspections, spot checks (captures number of compliance activities at sites)
365
Number of audits (captures number of reviews of file/submittals for compliance)
551
Number of inspections, audits, spot checks (sum of the two measures above)
916
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
5
Percentage of inspected sites/facilities with significant violations
1%
Inspection coverage rate (number of sites inspected/coverage universe)
61%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
3
Number of significant violations based on technical/preventative deficiencies
2
Number of significant violations carried over awaiting disposition from previous fiscal
year
1
Total number of significant violations (sum of the three measures above)
6
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
1
Ongoing
5
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
44
Administrative Civil/Judicial
Total
Number of show cause, remedial, corrective actions
issued
0
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
9
0
9
Number of referrals to Attorney General for possible criminal action
0
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$1,300
MDE FY 2011 Annual Enforcement and Compliance Report
88
Concentrated Animal Feeding Operations
Inspection Coverage Rate
2011 Coverage Universe = 565
Coverage Rate = 61%
220
345
Inspected Universe
Uninspected Universe
Number of Inspections, Audits and Spot
Checks
Number of Enforcement Actions
10
1000
750
5
500
9
916
250
0
64
2010
2011
0
1
2010
MDE FY 2011 Annual Enforcement and Compliance Report
2011
89
Natural Wood Waste Recycling
PURPOSE
The purpose of the permits is to ensure that natural wood wastes are managed in a manner
protective of public health and the environment. In particular, the permitting system is
intended to prevent large-scale fires at these facilities. A General Permit is authorized and in
use for facilities following common industry practices as described in the regulation.
Natural wood waste facilities were targeted for additional inspections in FY 2003 and FY
2004 after several severe fires at this type of facility in FY 2002.
AUTHORITY
STATE:
Environment Article, Title 9, Subtitle 17; COMAR 26.04
PROCESS
Permits are required for the operation of facilities that recycle natural wood waste (stumps,
root mat, branches, logs, and brush). Recycling is conducted by chipping the wastes and
converting them into mulch. This process is regulated by the conditions in the permit.
Routine unannounced inspections may be performed at these facilities several times per year
to ensure compliance with the permit conditions. MDE inspectors also investigate citizen
complaints about wood waste recycling operations. Corrective orders and penalties may be
issued for violations in accordance with Department guidelines and procedures.
SUCCESSES/CHALLENGES
The Solid Waste Program’s natural wood waste facility inspection coverage rate was 100%;
47 unique sites were inspected and four out of eight significant violations were resolved at
the end of the FY 2011.
The Solid Waste Program’s number of natural wood waste facility inspections remained
consistent during FY 2011 with 171 as opposed to 172 reported in FY 2010. The number of
compliance assistance actions rendered increased in FY 2011 to 10 verses 4 that were
reported in FY 2010. There were 25 audits performed during FY 2011.
MDE FY 2011 Annual Enforcement and Compliance Report
90
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91
Natural Wood Waste Recycling
Performance Measure
TOTAL
PERMITTED SITES/FACILITIES
Number of permits/registrations issued
9
Number of permits/registrations in effect at fiscal year end
32
OTHER REGULATED SITES/FACILITIES
Unpermitted sites at fiscal year end
15
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)*
47
Number of sites receiving off-site audits and record reviews, but not inspected
0
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
47
Number of inspections, spot checks (captures number of compliance activities at sites)
171
Number of audits (captures number of reviews of file/submittals for compliance)
25
Number of inspections, audits, spot checks (sum of the two measures above)
196
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
6
Percentage of inspected sites/facilities with significant violations
13%
Inspection coverage rate (number of sites inspected/coverage universe)**
100%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
0
Number of significant violations based on technical/preventative deficiencies
6
Number of significant violations carried over awaiting disposition from previous fiscal
year
2
Total number of significant violations (sum of the three measures above)
8
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
4
Ongoing
4
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
10
Administrative Civil/Judicial
Total
Number of show cause, remedial, corrective actions
issued
0
0
0
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
9
0
9
Number of referrals to Attorney General for possible criminal action
0
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$500
* Number of inspected sites includes permitted facilities, government facilities that do not require permits, unpermitted
natural wood waste operations and citizen complaints.
** Coverage rate is computed as the total number of sites inspected and dividing that by the total number of permits/licenses
in effect plus the number of unpermitted sites discovered and inspected.
MDE FY 2011 Annual Enforcement and Compliance Report
92
Natural Wood Waste Recycling
Inspection Coverage Rate
2011 Coverage Universe = 47
Coverage Rate = 100%
0
47
Inspected Universe
Uninspected Univer se
Number of Inspections, Audits and Spot
Checks
Number of Enforcement Actions
10
200
8
150
6
100
195
196
170
9
4
50
2
3
1
0
2009
2010
2011
0
2009
2010
MDE FY 2011 Annual Enforcement and Compliance Report
2011
93
Mining – Coal
PURPOSE
The purpose of a coal mining permit is to allow, where appropriate, for the utilization of the
resource while minimizing the effects of coal mining on the environment. In addition to
environmental controls, the permit provides for proper land reclamation and ensures public
safety. Performance bonds must also be posted and are released after satisfactory
reclamation. Permits issued by the Bureau of Mines are required for surface coal mining,
deep coal mining, prospecting, preparation plants, loading facilities, and refuse reclamation
operations. All coal mining activity occurs in Allegany and Garrett Counties. Coal mining
permitting, compliance, and enforcement activity has been managed under LMA since July 1,
2009.
AUTHORITY
FEDERAL: Surface Mining Control and Reclamation Act of 1977
STATE:
Environment Article, Title 15, Subtitle 5; COMAR 26.20
PROCESS
Upon issuance of a permit, the site is assigned an inspection frequency, which the
Department makes every effort to fulfill. By agreement with the federal Office of Surface
Mining (OSM), the program has committed to inspect each permitted facility on a monthly
basis. In addition to State inspections, the Office of Surface Mining also regularly conducts
oversight inspections and provides their findings to the Department. The inspectors schedule
routine inspections of the facilities adhering to the assigned priority as much as workload
allows. Facilities are not given advance notification of routine inspections. At any time
during the process, the inspection frequency can be adjusted as site conditions or workload
demand. All media such as water quality permits, wetland and waterway permits, and
sediment control plans are inspected as part of the mine permit inspection.
Coal mining has a potential to degrade water quality through the transport of sediment-laden
water and acidic water that can adversely impact the aquatic habitat. Proper land
reclamation after the completion of the mining activity provides a benefit to the water quality
as well as productive use of the land. Proper planning and land reclamation is important to
ensure that these negative impacts do not occur. The Mining Program strives to perform
monthly inspections of each active surface mining and reclamation operation.
SUCCESSES/CHALLENGES
The mining program inspected 100% of their sites in FY 2011. There was an increase of
38% in the total number of inspections, audits and spot checks in FY 2011.
MDE FY 2011 Annual Enforcement and Compliance Report
94
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MDE FY 2011 Annual Enforcement and Compliance Report
95
Mining – Coal
Performance Measure
TOTAL
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
8
Number of permits/licenses in effect at fiscal year end
53
OTHER REGULATED SITES/FACILITIES
Prospect and forfeiture sites
9
Coal mining operator licenses issued
33
Coal mining operator licenses in effect at fiscal year end
33
Surface coal mining blaster certifications issued
7
Surface coal mining blaster certifications at fiscal year end
46
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
62
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
0
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
62
Number of inspections, spot checks (captures number of compliance activities at sites)
763
Number of audits (captures number of reviews of file/submittals for compliance)
336
Number of inspections, audits, spot checks (sum of the two measures above)
1099
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
4
Percentage of inspected sites/facilities with significant violations
6%
Inspection coverage rate (number of sites inspected/coverage universe)
100%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
0
Number of significant violations based on technical/preventative deficiencies
8
Number of significant violations carried over awaiting disposition from previous fiscal
year
0
Total number of significant violations (sum of the three measures above)
8
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
6
Ongoing
2
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
59
Administrative Civil/Judicial Total
Number of show cause, remedial, corrective actions
issued
0
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
9
0
9
Number of referrals to Attorney General for possible criminal action
0
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$74,350
MDE FY 2011 Annual Enforcement and Compliance Report
96
Mining – Coal
Inspection Coverage Rate
2011 Coverage Universe = 62
Coverage Rate = 100%
0
62
Inspected Universe
Uninspected Universe
Num ber of Enforcement Actions
Number of Inspections, Audits,
Spot Checks
20
1200
15
900
10
600
300
1,099
726
792
5
12
14
9
0
2009
0
2009
2010
2010
2011
2011
MDE FY 2011 Annual Enforcement and Compliance Report
97
Mining – Non-Coal
PURPOSE
The purpose of mining permits is to allow, where appropriate, for utilization of the resource
while minimizing the effects of surface mining on the environment. In addition to
environmental controls, the permit provides for proper land reclamation and ensures public
safety. A performance bond of $1,250 per acre is required to ensure that proper reclamation
occurs.
AUTHORITY
STATE:
Environment Article – Title 15, Subtitle 8; COMAR 26.21
PROCESS
Upon issuance of a permit the site is assigned an inspection frequency, which the
Department makes every effort to fulfill. The inspectors then schedule routine inspections of
the facilities adhering to the assigned priority as much as workload allows. Facilities are not
given advance notification of routine inspections. At any time during the process, the
inspection frequency can be adjusted as site conditions or workload demand. All media such
as water quality permits, wetland and waterway and sediment approvals are inspected as
part of the mine permit inspection. Non-coal mining permitting, compliance, and enforcement
activity has been managed under LMA since July 1, 2009.
MDE does not have statutory authority to collect administrative penalties for non-coal mining
permits but violations of other media associated with mining may be penalized as warranted.
Mining laws do provide for civil and criminal penalties.
Mining has the potential to degrade water quality through the transport of sediment-laden
water from drainage and stormwater runoff. These factors can adversely impact the aquatic
habitat. Proper mining practices and land reclamation after the completion of the mining
activity provides a benefit to the water quality. The inspection program evaluates mining
practices, reclamation and stormwater management for compliance to ensure that adverse
impacts to surface and groundwater are minimized. §15-828(a) of the Environment Article
states, “At any reasonable time which the Department elects, but at least once a year, the
Department shall cause each permit area to be inspected to determine if the permittee has
complied with the mining and reclamation plan, the requirements of this subtitle, any rules
and regulations adopted under it…” The Mining Program strives to perform frequent
inspections as resources allow.
SUCCESSES/CHALLENGES
The mining program achieved a coverage rate of 97% in FY2011. In addition, the program
substantially increased the number of inspections, audits, and spot checks performed
compared to FY 2010.
MDE FY 2011 Annual Enforcement and Compliance Report
98
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MDE FY 2011 Annual Enforcement and Compliance Report
99
Mining – Non-Coal
Performance Measure
TOTAL
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
90
Number of permits/licenses in effect at fiscal year end
327
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
316
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
1
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
317
Number of inspections, spot checks (captures number of compliance activities at sites)
472
Number of audits (captures number of reviews of file/submittals for compliance)
385
Number of inspections, audits, spot checks (sum of the two measures above)
857
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
8
Percentage of inspected sites/facilities with significant violations
3%
Inspection coverage rate (number of sites inspected/coverage universe)
97%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
9
Number of significant violations based on technical/preventative deficiencies
0
Number of significant violations carried over awaiting disposition from previous fiscal
year
1
Total number of significant violations (sum of the three measures above)
10
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
10
Ongoing
0
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
38
Administrative Civil/Judicial Total
Number of show cause, remedial, corrective actions
issued
3
0
3
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
9
0
9
Number of referrals to Attorney General for possible criminal action
0
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$49,000
MDE FY 2011 Annual Enforcement and Compliance Report
100
Mining – Non-Coal
Inspection Coverage Rate
2011 Coverage Universe = 327
Coverage Rate = 97%
11
316
Inspected Universe
Uninspected Universe
Number of Inspections, Audits,
Spot Checks
Number of Enforcement Actions
15
1000
750
10
500
857
12
5
250
481
261
4
2
0
2009
2010
2011
0
2009
2010
MDE FY 2011 Annual Enforcement and Compliance Report
2011
101
Oil and Gas Exploration and Production
PURPOSE
Permits are required for the drilling and operation of a gas or oil well, the operation of a
natural gas storage facility, and for oil and natural gas exploration using seismic operations.
Permits include environmental controls to ensure public safety, to provide for the protection
of public and private property, and to minimize impacts resulting from the operation.
AUTHORITY
STATE:
Environment Article - Title 14, Subtitles 1, 2 and 3; COMAR 26.19.
PROCESS
Upon issuance of a permit, license, or authorization, the site is assigned an inspection
frequency. The inspectors then schedule routine inspections of the facilities in accordance
with the assigned priority. Facilities are not given advance notification of routine inspections.
Site inspections may be adjusted to reflect changing workloads or inspection priorities. The
inspectors assess whether the operator is in compliance with permit conditions and
determines whether corrections are required. The Mining Program strives to perform
inspections of these facilities as resources allow. Frequent inspections are required during
active drilling operations but a more infrequent inspection schedule may be sufficient once
the well is complete.
SUCCESSES/CHALLENGES
Many of the sites are not in current production mode. There were no new wells drilled in FY
2011.
MDE FY 2011 Annual Enforcement and Compliance Report
102
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MDE FY 2011 Annual Enforcement and Compliance Report
103
Oil and Gas Exploration and Production
Performance Measure
TOTAL
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
35
Number of permits/licenses in effect at fiscal year end
95
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
10
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
0
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
10
Number of inspections, spot checks (captures number of compliance activities at sites)
11
Number of audits (captures number of reviews of file/submittals for compliance)
0
Number of inspections, audits, spot checks (sum of the two measures above)
11
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
0
Percentage of inspected sites/facilities with significant violations
0%
Inspection coverage rate (number of sites inspected/coverage universe)
11%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
0
Number of significant violations based on technical/preventative deficiencies
0
Number of significant violations carried over awaiting disposition from previous fiscal
year
0
Total number of significant violations (sum of the three measures above)
0
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
0
Ongoing
0
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
0
Administrative Civil/Judicial Total
Number of show cause, remedial, corrective actions
issued
0
0
0
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
0
0
0
Number of referrals to Attorney General for possible criminal action
0
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$0
MDE FY 2011 Annual Enforcement and Compliance Report
104
Oil and Gas Exploration and Production
Inspection Coverage Rate
2011 Coverage Universe = 95
Coverage Rate = 11%
10
85
Inspected Universe
Uninspected Universe
Number of Enforcement Actions
Number of Inspections, Audits and Spot
Checks
10
15
10
5
11
5
7
0
0
2009
2010
2011
0
0
2009
0
2010
MDE FY 2011 Annual Enforcement and Compliance Report
0
2011
105
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MDE FY 2011 Annual Enforcement and Compliance Report
106
WATER MANAGEMENT ADMINISTRATION
MDE FY 2011 Annual Enforcement and Compliance Report
107
Water Management Administration
Executive Summary
The Water Management Administration (WMA) has inspection and enforcement
responsibilities for the water quality and resource conservation programs that follow in
this report. The Water Supply Program is responsible for public drinking water and water
appropriation permit compliance, and the Sediment, Stormwater and Dam Safety
Program is responsible for dam safety compliance. The Compliance Program is
responsible for compliance associated with groundwater discharges, surface water
discharges and federal discharge permits, pretreatment, erosion and sediment control for
construction activity, waterway construction, and tidal and non-tidal wetlands.
The Compliance Program assigns each inspection a priority. Routine inspections are
scheduled based on the assigned priority and as workload allows. Facilities are not given
advance notification of routine inspections. At any time during the process, the inspection
frequency can be adjusted as site conditions or workload demand. The Compliance
Program also responds to complaints from citizens across all of the facility types for which
it has responsibility. During FY 2011, the Compliance Program received nearly 1,300
complaints.
The Compliance Program uses a variety of approaches to bring facilities into compliance,
including compliance assistance, administrative orders, civil cases, stop work orders, and
penalties.
During FY 2011, the Compliance Program implemented a new round of changes to the
electronic record-keeping system for tracking inspections, called TRIP (TEMPO Remote
Inspection Process). Inspectors in the field enter inspection information into TRIP, which
feeds into MDE’s Department-wide tracking system. These changes were designed to
improve the workflow for inspectors entering information and also to improve tracking
capabilities in the Department-wide data system. Tracking permits and compliance
activities in a single database provides many benefits for managing and reporting on
inspections and enforcement cases. While the total number of Compliance Program
inspections was similar to FY 2010, that number may continue to be affected by the
implementation of TRIP since inspectors need additional time to record enhanced
information from each inspection when compared with the Program’s older, less-detailed
inspection tracking system.
During FY 2011, the Water Supply Program continued to regulate all public water
systems in Maryland, and continued efforts to manage the drinking water resources
throughout Maryland. Implementation of major new regulations including the Stage 2
Disinfection Byproduct Rule, the Long Term 2 Surface Water Treatment Rule, and the
Ground Water Rule continue to impact the overall compliance rate for water systems.
New federal and State regulations also continued to increase enforcement activities in FY
2011. The total number of Water Appropriation Permits was decreased as a result of the
new exemption authority that was adopted in recent legislation.
Maryland Department of the Environment 2011 Annual Enforcement Report
108
The Mining Program was transferred to the Land Management Administration at the
beginning of FY 2010. The Mining Program continues to provide inspection support for
WMA-permitted activities at mine sites.
Water Management Administration
Performance Measures Executive Summary
2010 Totals
2011 Totals
4,090
53,726
4,432
52,011
4,202
4,069
INSPECTIONS
Number of Sites Inspected
Number of Sites Audited but Not Inspected
Number of Inspections, Audits, Spot Checks
7,565
3,478
58,127
6,877
3,313
56,845
ENFORCEMENT ACTIONS
Number of Compliance Assistance Rendered
Number of Enforcement Actions Taken*
6,807
1,414
6,800
1,077
$2,466,483
$1,480,440
PERMITTED SITES/FACILITIES
Number of Permits/Licenses Issued
Number of Permits/Licenses in Effect at Fiscal Year End
OTHER REGULATED SITES/FACILITIES
Other Sites
PENALTIES
Amount of Administrative or Civil Penalties Obtained
* Calculated as the sum of all enforcement actions for each program as listed in the
chart for each.
Maryland Department of the Environment 2011 Annual Enforcement Report
109
Discharges – Groundwater (Municipal & Industrial)
PURPOSE
Excessive nutrients, bacteria, and industrial pollutants in wastewater have the potential to
impact the quality of groundwater. The groundwater discharge permitting process
provides a means of managing these impacts through monitoring, inspection and
enforcement. The Wastewater Permits Program issues groundwater discharge permits to
control the disposal of treated municipal or industrial wastewater into the State’s
groundwater via spray irrigation or other land-treatment methods such as subsurface
discharge. Upon permit issuance, the Compliance Program is responsible for inspections
and compliance assurance. Groundwater discharge permits establish pollutant discharge
limits and require the permit holder to meet self-monitoring, record-keeping, and reporting
requirements to protect public health and minimize groundwater pollution.
AUTHORITY
STATE:
Environment Article, Title 9, Subtitle 3; COMAR 26.08
PROCESS
The Compliance Program performs inspections of sites with groundwater discharge
permits as part of its overall inspection priority scheme, with priority given to sites that are
the subject of complaints or are in violation based on failure to perform required selfmonitoring and reporting, or due to violations of the effluent limitations in the permit. The
inspector may conduct unannounced inspections and may collect samples for
independent laboratory analysis as necessary to verify compliance with permit limits.
Self-monitoring results are filed at the frequency specified by the permit (usually monthly
or quarterly) in the form of Discharge Monitoring Reports (DMRs). DMRs are reviewed in
the office and at the facilities in order to determine whether the facility is in compliance
with applicable requirements. DMR reviews are shown in the following table on the line
identified as “Inspections, Audits, Spot Checks.” DMR reviews are not included in the
determination of the inspection coverage rate.
SUCCESSES/CHALLENGES
WMA continues to investigate and pursue enforcement cases to address cases involving
groundwater pollution. WMA is currently working with the Attorney General’s Office on a
number of additional enforcement cases to address groundwater pollution concerns.
Maryland Department of the Environment 2011 Annual Enforcement Report
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Maryland Department of the Environment 2011 Annual Enforcement Report
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Discharges – Groundwater (Municipal and Industrial)
Performance Measure
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
Number of permits/licenses in effect at fiscal year end
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
Number of inspections, spot checks (captures number of compliance activities at sites)
Number of audits (captures number of reviews of file/submittals for compliance)
Number of inspections, audits, spot checks (sum of the two measures above)
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
Percentage of inspected sites/facilities with significant violations
Inspection coverage rate (number of sites inspected/coverage universe)
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
Number of significant violations based on technical/preventative deficiencies
Number of significant violations carried over awaiting disposition from previous fiscal
year
Total number of significant violations (sum of the three measures above)
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
Ongoing
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
TOTAL
Administrative
Number of show cause, remedial, corrective actions
issued
0
Number of stop work orders
0
Number of injunctions obtained
0
Number of penalty and other enforcement actions
6
Number of referrals to Attorney General for possible criminal action
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
Total
28
243
72
107
179
144
1,091
1,235
5
7%
30%
8
2
19
29
8
21
0
Civil/Judicial
2
0
0
0
2
0
0
6
0
$73,800
Maryland Department of the Environment 2011 Annual Enforcement Report
112
Discharges – Groundwater (Municipal and Industrial)
Inspecti on Coverage Rate
2011 Cover age Universe = 243
Cover age Rate = 30%
72
171
Inspected Universe
Unin spected Un iverse
Number of Enforcement Actions
Number of Inspections, Audits, Spot
Checks
10
1500
1000
500
5
1,096
8
8
2010
2011
1,235
1,028
4
0
2009
0
2009
2010
2011
Maryland Department of the Environment 2011 Annual Enforcement Report
113
Discharges - Surface Water (Municipal & Industrial)
State and NPDES Permits
PURPOSE
The federal Clean Water Act’s National Pollutant Discharge Elimination System (NPDES)
Program controls water pollution generated from a wide variety of sources including
industrial activities, sewage treatment plants, certain agricultural activities and stormwater
runoff from industrial, municipal and agricultural sources. All industrial, commercial or
institutional facilities that discharge wastewater, including stormwater from certain
industrial facilities, directly to surface waters of Maryland need a permit. Permittees
include local, state, and federal government agencies, as well as privately-owned
treatment systems and private residences. Some industrial discharges to municipal
wastewater collection systems may require a pretreatment permit. Certain agricultural
activities, specifically concentrated animal feeding operations, are also required to obtain
a NPDES discharge permit.
The NPDES permit system includes a stormwater component to control pollution
generated from runoff associated with industrial sites, municipal storm sewer systems,
construction activities, and concentrated animal feeding operations. Eleven categories of
industry, and storm sewer systems operated by certain government agencies, are
required under the Clean Water Act to have their stormwater covered under an NPDES
permit. For any construction activity that disturbs one or more acres, coverage must be
obtained under the MDE's general and individual NPDES permits for construction activity.
These permits require developers to perform self-inspection and record keeping to ensure
that sediment and erosion control measures are maintained and functioning in
accordance with approved plans to prevent water pollution and stream bank erosion
caused by excess erosion, siltation, and stormwater flows from construction sites.
Surface water discharge permits combine applicable State and NPDES requirements into
one permit for facilities that discharge to State surface waters. The permit is designed to
protect water quality in the water receiving the discharge.
Effective at the beginning of FY 2010, responsibility for NPDES permits for concentrated
animal feeding operations (CAFOs) moved from WMA to the Land Management
Administration, and is discussed on page 88.
Note that, beginning with the FY 2007 Annual Enforcement and Compliance Report, the
inspections performed related to discharge permits for stormwater associated with
construction activities were included in this table for surface water discharges. In
previous years, those inspections were included in the table for Stormwater Management
and Erosion & Sediment Control.
AUTHORITY
FEDERAL: Clean Water Act
STATE:
Environment Article, Title 9, Subtitle 3; COMAR 26.08
Maryland Department of the Environment 2011 Annual Enforcement Report
114
PROCESS
The Compliance Program performs inspections of sites with surface water discharge
permits as part of its overall inspection priority scheme, with priority given to sites that are
the subject of complaints or in violation based on failure to perform permit required selfmonitoring and reporting or due to violations of the effluent limitations in the permit. The
inspector may conduct unannounced inspections and may collect samples for
independent laboratory analysis as necessary to verify compliance with permit limits.
Self-monitoring results are filed at the frequency specified by the permit (usually monthly
or quarterly) in the form of Discharge Monitoring Reports (DMRs). DMRs are reviewed in
the office and at the facilities in order to determine whether the criteria for “Significant
Noncompliance” have been met. DMR reviews performed by the Compliance Program’s
Enforcement Division are included in the following Table on the line identified as
“Inspections, Audits, Spot Checks.” DMRs were reviewed for all permitted sites that
require DMR submittals as a part of their permit.
SUCCESSES/CHALLENGES
WMA is actively pursuing hundreds of cases involving surface water pollution. WMA’s
Compliance Program inspects sites to check for compliance with numerous laws,
regulations and permits or other authorizations addressing wastewater discharges,
surface water and groundwater pollution, stormwater discharges and erosion and
sediment control, tidal and nontidal wetlands and waterway construction so many of the
enforcement cases address numerous categories of violations and injunctive relief. An
anticipated decrease in enforcement actions occurred concurrent with the deployment of
new inspection technology in FY 2009 and FY 2010. In addition, the number of
inspection and enforcement personnel relative to the number of regulated entities
continues to be a challenge.
During FY 2011, MDE sent letters to over 10,000 permittees who had obtained coverage
under the General Permit for Stormwater Associated with Construction Activity prior to
2009. This letter advised the permittees that, if they were continuing with their project,
they must now comply with the 2009 General Permit. The letter also asked those who
had finished their projects but never terminated their permit coverage to send a Notice of
Termination to MDE. More than 3,400 permittees returned Notices of Termination. This
caused a large decrease in the universe of surface water permittees as compared to that
reported in FY 2010.
Maryland Department of the Environment 2011 Annual Enforcement Report
115
Discharges – Surface Water (Municipal and Industrial)
State and NPDES Permits
Performance Measure
TOTAL
PERMITTED SITES/FACILITIES
Number of permits/licenses issued*
1,322
Number of permits/licenses in effect at fiscal year end
11,296
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
1,288
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
649
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
1,937
Number of inspections, spot checks (captures number of compliance activities at sites)
2,332
Number of audits (captures number of reviews of file/submittals for compliance)
6,583
Number of inspections, audits, spot checks (sum of the two measures above)
8,915
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
117
Percentage of inspected sites/facilities with significant violations
9%
Inspection coverage rate (number of sites inspected/coverage universe)
11%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
159
Number of significant violations based on technical/preventative deficiencies
15
Number of significant violations carried over awaiting disposition from previous fiscal
year
114
Total number of significant violations (sum of the three measures above)
288
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
63
Ongoing
225
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
85
Administrative Civil/Judicial Total
Number of show cause, remedial, corrective actions
issued
2
2
4
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
57
2
59
Number of referrals to Attorney General for possible criminal action
0
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$545,990
* This number includes new permits, renewals, and conversions/modifications of permits.
Maryland Department of the Environment 2011 Annual Enforcement Report
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Discharges – Surface Water (Municipal & Industrial)
State and NPDES Permits
Inspection Coverage Rate
2011 Coverage Universe = 11,296
Coverage Rate = 11%
1,298
9,998
Inspe cted Universe
Uninspected Un iver se
Number of Inspections, Audits, and Spot
Checks
Number of Enforcement Actions
120
10000
90
7500
5000
9,745
9,745
60
30
2500
0
2009
2010
109
8,915
2011
63
49
0
2009
2010
2011
Maryland Department of the Environment 2011 Annual Enforcement Report
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Discharges – Pretreatment (Industrial)
PURPOSE
The Pretreatment Program is responsible for regulating wastewaters from industrial and
other non-domestic sources discharged into publicly-owned treatment works (POTW) to
prevent the discharge of toxic or corrosive discharges to the collection systems serving
POTWs that may result in process upsets and failure of critical infrastructure. In
accordance with its authority as delegated by EPA, MDE oversees 20 local pretreatment
programs that are responsible for 192 industrial sources. In addition, pretreatment
permits are issued directly to four industries discharging to non-delegated POTWs. Local
pretreatment program responsibilities include issuing discharge permits to industrial
users, conducting industrial inspections and performing compliance monitoring,
developing and enforcing local limits, enforcing federal pretreatment standards, and
assessing penalties against industrial users. These requirements are included in a
delegation agreement, which is signed by the operator of the POTW and WMA, and
incorporated by reference into the NPDES permit issued by WMA. Local governments
are responsible for issuing penalties and enforcement actions associated with this
program; therefore, those numbers are not reflected in WMA’s enforcement statistics.
AUTHORITY
FEDERAL: Clean Water Act
STATE:
Environment Article, Title 9, Subtitle 3; COMAR 26.08
PROCESS
The Pretreatment Program oversees local pretreatment program implementation. This
oversight is performed by the permitting program staff by conducting pretreatment
compliance inspections of pretreatment programs; audits of pretreatment programs; joint
review of industrial user permits; independent and joint industrial inspections with the
POTW; review of quarterly status reports from the delegated POTWs; and initiation of
enforcement actions when the POTW fails to act in accordance with its delegated
responsibilities. The Pretreatment Program also issues permits to categorical industrial
users discharging to wastewater treatment plants in areas of the state without delegated
pretreatment programs. Compliance of these industrial users is tracked by review of
periodic compliance reports and the results of annual inspections.
SUCCESSES/CHALLENGES
WMA oversees delegated pretreatment programs and takes enforcement action when
needed to support the proper treatment of industrial discharges to wastewater collection
and treatment systems to prevent damage to the treatment processes or infrastructure
and pass through of pollutants to waters of the State.
The Pretreatment Program currently issues permits to categorical industrial users located
in areas not serviced by jurisdictions with delegated pretreatment programs. In addition it
provides oversight to 20 delegated pretreatment programs with technical and regulatory
Maryland Department of the Environment 2011 Annual Enforcement Report
118
assistance. The Pretreatment Program also performed inspections at several industrial
users that are permitted by local delegated pretreatment programs. The inspection
coverage rate includes these industrial users as well as the entities directly permitted by
WMA.
Maryland Department of the Environment 2011 Annual Enforcement Report
119
Discharges – Pretreatment (Industrial)
Performance Measure
TOTAL
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
0
Number of permits/licenses in effect at fiscal year end *
4
OTHER REGULATED SITES/FACILITIES
POTWs
20
POTW issued permits (delegated programs)**
192
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
39
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
0
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
39
Number of inspections, spot checks (captures number of compliance activities at sites)
39
Number of audits (captures number of reviews of file/submittals for compliance)
0
Number of inspections, audits, spot checks (sum of the two measures above)
39
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
0
Percentage of inspected sites/facilities with significant violations
0%
Inspection coverage rate (number of sites inspected/coverage universe)
20%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
0
Number of significant violations based on technical/preventative deficiencies
0
Number of significant violations carried over awaiting disposition from previous fiscal
year
0
Total number of significant violations (sum of the three measures above)
0
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
0
Ongoing
0
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
0
Administrative Civil/Judicial Total
Number of show cause, remedial, corrective actions
issued
0
0
0
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
0
0
0
Number of referrals to Attorney General for possible criminal action
0
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$25,000
* These are State-permitted industries subject to Categorical Pretreatment Standards under U.S. EPA
regulations 40 CFR 403.6 and 40 CFR Chapter I, Subpart N.
** Coverage rate is defined as the number of sites inspected divided by the sum of permits/licenses in
effect, the POTWs and the significant industrial users. However, the Program is responsible for inspecting
only the permittees, the POTWs and only some of the industrial users. The Program is required by statute
to provide a 100% coverage rate of those facilities. In FY 2011, the program met that requirement.
Maryland Department of the Environment 2011 Annual Enforcement Report
120
Discharge – Pretreatment (Industrial)
Inspection Coverage Rate
2011 Coverage Universe = 192
Coverage Rate = 20%
39
153
Inspected Universe
Uninspected Universe
Number of Inspections, Audits and Spot
Checks
Number of Enforcement Actions
5
50
4
40
3
30
20
39
28
2
32
2
1
10
1
0
2009
2010
2011
0
2009
2010
0
2011
Maryland Department of the Environment 2011 Annual Enforcement Report
121
Stormwater Management and Erosion & Sediment
Control for Construction Activity
PURPOSE
The purpose of the erosion and sediment control program is to lessen the impact to the
aquatic environment caused by sediment leaving construction sites. The purpose of the
stormwater management program is to reduce stream channel erosion, pollution, siltation,
and local flooding caused by land use changes associated with urbanization. This is
accomplished by maintaining, after development, the pre-development runoff conditions
through the use of various stormwater management measures. Any construction activity
in Maryland that disturbs 5,000 square feet or more of land or results in 100 cubic yards
or more of earth movement must have approved erosion and sediment control and
stormwater management plans before construction begins.
AUTHORITY
FEDERAL: Clean Water Act, Section 402; 40 CFR
STATE:
Environment Article, Title 4, Subtitle 1 and Subtitle 2; COMAR 26.17
PROCESS
Inspection and enforcement authority for erosion and sediment control has been
delegated or partially delegated to 14 counties and ten municipalities by the state. MDE
inspections cover construction projects in non-delegated counties and state and federal
projects. This report does not reflect the erosion and sediment control inspection and
enforcement activities conducted by local governments in delegated jurisdictions.
Stormwater management approval for all non-state and non-federal projects is, by law,
the responsibility of each local jurisdiction. MDE inspections of stormwater management
facilities are performed for state and federal projects only. Upon issuance of a permit or
authorization (whether by WMA’s Sediment and Stormwater Plan Review Division or by
the local sediment control approval authority), the file is transferred to the Compliance
Program where an inspection priority is assigned. Routine inspections are scheduled
based on the assigned priority and as workload allows. Facilities are not given advance
notification of routine inspections. At any time during the process, the inspection
frequency can be adjusted as site conditions or workload demand.
Stormwater and Erosion and Sediment Control are combined into one table because at
the State level these projects are reviewed and approved as one project. For state and
federal projects, plan review is performed by the Sediment, Stormwater and Dam Safety
Program and inspections are performed by the Compliance Program. All other projects
are reviewed at the local level, and if delegated, inspected at the local level. In nondelegated jurisdictions, the MDE Compliance Program performs sediment control
inspections.
Maryland Department of the Environment 2011 Annual Enforcement Report
122
Inspections performed related to an NPDES permit for the discharge of stormwater
associated with construction activities are included in the table for surface water
discharges.
SUCCESSES/CHALLENGES
Although inspections remain a priority, the WMA Compliance Program does not have a
sufficient number of inspectors to meet the goal of inspecting every active construction
site disturbing 5,000 square feet or more every two weeks. WMA focuses on large
construction sites in non-delegated areas and State and federal projects, along with sites
brought to MDE’s attention by citizen complaints.
As in previous years, the Allegany, Caroline, Frederick, and Queen Anne’s Soil
Conservation Districts continued to perform Erosion and Sediment Control inspections on
behalf of MDE as part of a Memorandum of Understanding. These districts are
independent of county government. The numbers of sites inspected and numbers of
inspections on the following table only include MDE’s activities.
Maryland Department of the Environment 2011 Annual Enforcement Report
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Stormwater Management and Erosion & Sediment
Control for Construction Activity
Performance Measure
PERMITTED SITES/FACILITIES
Number of approvals issued
Number of approvals in effect at fiscal year end
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
Number of inspections, spot checks (captures number of compliance activities at sites)
Number of audits (captures number of reviews of file/submittals for compliance)
Number of inspections, audits, spot checks (sum of the two measures above)
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
Percentage of inspected sites/facilities with significant violations
Inspection coverage rate (number of sites inspected/coverage universe)
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
Number of significant violations based on technical/preventative deficiencies
Number of significant violations carried over awaiting disposition from previous fiscal
year
Total number of significant violations (sum of the three measures above)
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
Ongoing
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
Administrative
Number of show cause, remedial, corrective actions
issued
5
Number of stop work orders
4
Number of injunctions obtained
0
Number of penalty and other enforcement actions
67
Number of referrals to Attorney General for possible criminal action
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
Civil/Judicial
TOTAL
301
12,936
2,097
0
2,097
4,320
0
4,320
97
5%
16%
94
3
73
170
77
93
65
Total
2
0
0
3
7
4
0
70
0
$716,666
Maryland Department of the Environment 2011 Annual Enforcement Report
124
Stormwater Management and Erosion & Sediment
Control for Construction Activity
Inspection Coverage Rate
2011 Coverage Universe = 12,936
Coverage Rate = 16%
2,097
10,839
Inspected Universe
Uninspected Univer se
Number of Inspections, Audits and Spot
Checks
Number of Enforcement Actions
100
5000
4000
75
3000
50
2000
3,829
88
4,320
25
1000
0
2009
81
3,657
2010
2011
40
0
2009
2010
2011
Maryland Department of the Environment 2011 Annual Enforcement Report
125
Water Supply Program
PURPOSE
The Water Supply Program (WSP) ensures that public drinking water systems provide
safe and adequate water to all present and future users in Maryland, and that appropriate
usage, planning and conservation policies are implemented for Maryland water
resources. This is accomplished through permitting and proper planning for water
withdrawal, protection of water resources that are used for public water supplies,
oversight and enforcement of routine water quality monitoring at public water systems and
of water appropriation permits, regular on-site inspections of water systems, and prompt
response to water supply emergencies.
Community and Non-Transient Non-Community Water Systems
The WSP regulates approximately 1,023 community water systems (including municipal,
county, and private systems), and non-transient non-community water systems (such as
businesses, schools, and day cares). These systems must test for over 90 regulated
contaminants on schedules that vary based on water source, system type and population.
Transient Non-Community Water Systems
In addition, there are approximately 2,428 transient non-community water systems (such
as rest areas, gas stations, campgrounds, and restaurants) throughout the State, which
are regularly inspected and tested for acute contaminants. Since 1998, the WSP has
negotiated delegation agreements with county health departments for enforcement of
Safe Drinking Water Act regulations for the transient non-community water systems.
Twenty of the twenty-three counties have accepted delegated authority for these systems,
and the WSP has direct enforcement of the requirements for the three remaining
counties.
Drinking Water Laboratory Certification
This program is mandated by the federal Safe Drinking Water Act. The certification
assures the reliability of the compliance samples that are analyzed by State-certified
laboratories. Providing high quality data is critical to evaluating public water systems, and
is the primary means of evaluating the safety of the drinking water supplies. The
laboratories that are certified under this program are also used by the county health
departments and other MDE programs to analyze drinking water for private wells, and for
investigation of underground storage tanks.
Water Appropriation Permits
The Water Supply Program (WSP) regulates water withdrawals and diversions through a
permitting program to conserve and protect the State’s water resources. Water uses for
most purposes, including public supply, business, institutional, subdivision of land, or
agricultural use over 10,000 gallons per day (gpd), require a permit. Since FY 2007,
groundwater uses of 5,000 gpd or less are exempted from obtaining a permit unless the
use is by a community water system, or within a designated water management strategy
area. Uses for fire fighting and domestic purposes are also exempt. Maryland regulates
Maryland Department of the Environment 2011 Annual Enforcement Report
126
water use under the doctrine of reasonable use. This means that the quantity must be
reasonable for its intended purpose, the impacts of the use to the natural resources of the
State must not be unreasonable, and the impacts to other users must not be
unreasonable.
AUTHORITY
Public Drinking Water
FEDERAL: Safe Drinking Water Act; 40 CFR 141, 142, and 143
STATE:
Environment Article, Title 9, Subtitles 2, 4, and 5; COMAR 26.04.01 and
COMAR 26.08.05
Water Appropriation Permits
STATE:
Environment Article, Title 5, Subtitles 2, 3, 4, and 5; COMAR 26.17.06 and
COMAR 26.17.07
PROCESS
Community and Non-Transient Non-Community Water Systems
WSP uses a multiple-barrier approach to ensure that public drinking water systems in
Maryland are able to provide a safe and adequate supply of drinking water to their
consumers. This approach includes review and approval of potential water sources and
construction plans; evaluation of a new system’s technical, financial, and managerial
capacity; regular inspection of drinking water facilities; close oversight of water quality
monitoring; and ensuring licensed operators are employed by water treatment facilities.
Public water systems are required to conduct routine sampling of their water quality. The
type and frequency of analysis depend on the type of system, its population, and the
vulnerability of its water supply. WSP reviews and evaluates more than 35,000 water
quality records each year. Emphasis is placed on preventive measures to avoid serious
public health incidents. The vast majority of drinking water violations are corrected
immediately, or following the issuance of a Notice of Violation. Systems must notify their
consumers when violations of the Safe Drinking Water Act occur.
Transient Non-Community Water Systems
Twenty of the twenty-three counties are delegated responsibilities for transient noncommunity water systems. These counties conduct routine inspections and ensure that
systems are monitored in accordance with State and federal requirements. Transient noncommunity water systems are required to monitor only for contaminants that have acute
health risks, including nitrate, nitrite, and bacteria. In addition to providing funding, the
WSP provides guidance and training to the counties, and reports only health-based
violations to EPA for these systems. WSP is in the process of concluding statewide
evaluations to determine whether groundwater systems are under the influence of surface
water. Groundwater systems under the influence of surface water will be required to
meet federally-mandated treatment technique requirements, and to conduct additional
bacteria monitoring as well as turbidity monitoring. In addition, the WSP performs audits
of the delegated counties every three years in order to determine that regulations are
implemented appropriately.
Maryland Department of the Environment 2011 Annual Enforcement Report
127
WSP directly oversees implementation of federal and State regulations for 108 transient
non-community water systems in Prince George’s, Montgomery and Wicomico counties
since these three counties declined acceptance of the delegated program and funding
assistance. Oversight includes regular inspections of the systems, enforcement of
monitoring requirements, and follow-up to occasional water quality problems that arise.
WSP reports technical and health-based violations to EPA on a quarterly basis for these
systems.
Drinking Water Laboratory Certification
The Water Supply Program regulates approximately 109 in-State and out-of-State
laboratories that analyze compliance samples for public drinking water systems. All instate laboratories are inspected on a triennial basis. In addition, laboratories submit an
annual renewal package that includes performance testing results for each approved test
method, standard operating procedures, and method detection limit studies. An
inspection is required before a laboratory receives certification, or approval for a new test
method.
Water Appropriation Permits
The Water Appropriation Permit review process is complex, and requires significant
technical evaluation. Applicants are required to submit the results of aquifer tests and
hydrogeologic investigations for review by program geologists. In some cases, the
WSP may determine that the requested withdrawal could have a major impact on the
water resource and/or other users in the vicinity and, as a result, the permit may be
denied or modified. Technical assistance is provided to correct reporting errors, and
permits are revised as needed.
In FY 2011, 643 water appropriation permits were issued. At the end of the FY 2011,
11,107 permits were in effect. Inspection of regulated permittees is not a statutory
requirement of this program.
SUCCESSES/CHALLENGES
Community and Nontransient Noncommunity Water Systems
In FY 2010, several major regulations were adopted and implemented including the Long
Term 2 Surface Water Treatment Rule, and the Stage 2 Disinfection Byproduct Rule. In
FY 2011, the Lead and Copper Rule and the Ground Water Rule were adopted. The
regulations are complex, and, in many case, result in increased monitoring and capital
costs. Training on new federal regulations was provided to new water systems
throughout the State in order to assist them with meeting the compliance requirements of
the rules. However, even with the increased assistance from the WSP, the enforcement
of new regulations resulted in an increase in the number of technical violations that were
incurred by community and non-transient non-community water systems during the fiscal
year. Compliance with the new regulations is expected to improve as water systems
become familiar with the new requirements.
Maryland Department of the Environment 2011 Annual Enforcement Report
128
In FY 2012, the WSP will begin the process of replacing the current ORACLE database
that was developed in the early 1990s with SDWIS-State, a nationwide database that is
used by over 40 states in the country. The new system will be modified to incorporate
activities that are available in the program’s existing system.
Water Appropriation Permits
During FY 2012, the Department expects to award a contract to build a new database
management system that will replace the existing legacy system, which is not capable of
maintaining data related to enforcement actions. The new system should be functional in
2014.
The Water Supply Program is in the process of revising its regulations to incorporate
statutory changes that (1) allow uses of 5,000 gallons per day or less to obtain a waiver
from the permit requirements, and (2) provide the Department with the authority to
allocate additional water to public water systems that serve municipal corporations or
priority funding areas in Frederick, Carroll, and Washington Counties that were
established prior to January 1, 2000. The revised regulations will be proposed in 2012.
The Water Supply Program is conducting water supply studies in both the Coastal Plain
and Fractured Rock areas of the State, with assistance from the Maryland Geological
Survey and the U.S. Geological Survey. These studies will improve the understanding of
water availability in Maryland, and identify the potential impacts of withdrawals on the
resource, aquatic habitat, and other water users. The studies began in 2006 and are
scheduled to be completed in 2014.
Laboratory Certification
The Environmental Protection Agency (EPA) requires that all certification officers are
trained and certified by EPA. The training is offered annually in Cincinnati, Ohio, and
attendance requires approval from EPA. WSP has two certification officers that are fully
trained, and has a plan to train existing staff to assist intermittently, as necessary. In FY
2011, the Laboratory Certification Program was not able to complete all triennial
inspections for the year. Maryland has the highest ratio of laboratories per certification
officer in the region. In order to address the staffing needs for this activity, a third party
contract will be established to provide support in FY 2012 and FY 2013.
Enforcement
The WSP continued issuing notices of violation for permit requirements, including failure
to obtain or renew a permit, failure to report water usage as required by the permit, failure
to maintain adequate flow-bys or meet other special conditions, and for withdrawing more
water than is allowed under the permit. In FY 2011, the WSP enforcement section issued
64 formal notices of violation, two consent agreements, and $8,380 was collected from
five water systems with significant violations.
Maryland Department of the Environment 2011 Annual Enforcement Report
129
Water Supply Program
Community and Non-Transient Non-Community Water Systems
Performance Measure
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
Number of permits/licenses in effect at fiscal year end
OTHER REGULATED SITES/FACILITIES
Number of community and non-transient non-community water systems *
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
Number of inspections, spot checks (captures number of compliance activities at sites)
Number of audits (captures number of reviews of file/submittals for compliance)
Number of inspections, audits, spot checks (sum of the two measures above)
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations **
Percentage of inspected sites/facilities with significant violations
Inspection coverage rate (number of sites inspected/coverage universe) ***
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
Number of significant violations based on technical/preventative deficiencies
Number of significant violations carried over awaiting disposition from previous fiscal
year
Total number of significant violations (sum of the three measures above)
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
Ongoing
ENFORCEMENT ACTIONS
Number of compliance assistance rendered ****
Administrative Civil/Judicial
Number of show cause, remedial, corrective actions
issued
0
0
Number of stop work orders
0
0
Number of injunctions obtained
0
0
Number of penalty and other enforcement actions
540
0
Notices given to public by water systems under Section 9-410
Number of referrals to Attorney General for possible criminal action
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
TOTAL
0
0
1,023
680
343
1,023
680
25,666
26,346
14
2%
66%
0
0
14
14
9
5
1,023
Total
0
0
0
540
161
0
$8,380
* This number includes 473 community water systems and 549 non-transient non-community water systems.
** Number of sites in significant violation includes sites with violations carried over. MDE adopted a new policy for significant violations
that was implemented in FY 2009. .
*** Coverage rate is computed by dividing the number of inspected systems by the total number of community and non-transient noncommunity water systems.
**** This number includes actions to inform public water systems of monitoring requirements under the Safe Drinking Water Act.
Maryland Department of the Environment 2011 Annual Enforcement Report
130
Water Supply Program
Community and Nontransient Non-Community Water Systems
Inspection Coverage Rate
2011 Coverage Universe = 1,023
Coverage Rate = 66%
343
680
Inspected Universe
Uninspected Universe
Number of Inspections, Audits and Spot
Checks
Number of Enforcement Actions
1000
800
30,000
600
20,000
30,273
27,266
25,666
400
827
705
10,000
540
200
0
2009
2010
2011
0
2009
2010
Maryland Department of the Environment 2011 Annual Enforcement Report
2011
131
Water Supply Program
Transient Non-Community Water Systems
Performance Measure
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
Number of permits/licenses in effect at fiscal year end
OTHER REGULATED SITES/FACILITIES
Number of transient non-community water systems
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
Number of inspections, spot checks (captures number of compliance activities at sites)
Number of audits (captures number of reviews of file/submittals for compliance)
Number of inspections, audits, spot checks (sum of the two measures above)
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
Percentage of inspected sites/facilities with significant violations
Inspection coverage rate (number of sites inspected/coverage universe) *
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
Number of significant violations based on technical/preventative deficiencies
Number of significant violations carried over awaiting disposition from previous fiscal
year
Total number of significant violations (sum of the three measures above)
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
Ongoing
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
Administrative Civil/Judicial
Number of show cause, remedial, corrective actions
issued
0
0
Number of stop work orders
0
0
Number of injunctions obtained
0
0
Number of penalty and other enforcement actions
265
0
Notices given to public by water systems under Section 9-410 **
Number of referrals to Attorney General for possible criminal action
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
TOTAL
N/A
N/A
2,428
431
1,813
2,244
431
11,364
11,795
0
0%
18%
0
0
5
5
2
3
0
Total
0
0
0
265
105
0
$0
* Coverage rate is computed by dividing the number of inspected systems by the total number of transient non-community water
systems.
** This number includes actions to inform public water systems of monitoring requirements under the Safe Drinking Water Act.
Note: MDE adopted a new policy for significant violations that was implemented in FY 2009.
Maryland Department of the Environment 2011 Annual Enforcement Report
132
Water Supply Program
Transient Non-Community Water Systems
Inspection Coverage Rate
2011 Coverage Universe = 2,428
Coverage Rate = 18%
431
1,997
Inspected Universe
Uninspected Universe
Number of Enforcement Actions
Number of Inspections, Audits and Spot
Checks
300
15000
225
10000
150
12,497
12,514
238
11,795
261
265
2010
2011
5000
75
0
2009
2010
2011
0
2009
Maryland Department of the Environment 2011 Annual Enforcement Report
133
Water Supply Program
Drinking Water Laboratory Certification
Performance Measure
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
Number of permits/licenses in effect at fiscal year end
OTHER REGULATED SITES/FACILITIES
Number of state-certified drinking water laboratories
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
TOTAL
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
Number of inspections, spot checks (captures number of compliance activities at sites)
Number of audits (captures number of reviews of file/submittals for compliance)
Number of inspections, audits, spot checks (sum of the two measures above)
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
Percentage of inspected sites/facilities with significant violations
Inspection coverage rate (number of sites inspected/coverage universe)*
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
Number of significant violations based on technical/preventative deficiencies
Number of significant violations carried over awaiting disposition from previous fiscal
year
Total number of significant violations (sum of the three measures above)
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
Ongoing
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
Administrative Civil/Judicial
Number of show cause, remedial, corrective actions
0
0
issued
Number of stop work orders
0
0
Number of injunctions obtained
0
0
Number of penalty and other enforcement actions
0
0
Notices given to public by water systems under Section 9-410
Number of referrals to Attorney General for possible criminal action
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
126
110
109
109
17
109
19
110
129
0
0%
16%
0
0
0
0
0
0
0
Total
0
0
0
0
N/A
0
$0
* Coverage rate is computed by dividing the number of inspected systems by the total number of water quality laboratories.
Maryland Department of the Environment 2011 Annual Enforcement Report
134
Water Supply Program
Drinking Water Laboratory Certification
Inspection Coverage Rate
2011 Coverage Universe = 109
Coverage Rate = 16%
17
92
Inspected Universe
Uninspected Universe
Number of Enforcement Actions
Number of Inspections, Audits and Spot
Checks
10
200
8
150
6
100
4
163
129
129
50
2
0
0
2009
2010
2011
0
2009
0
2010
0
2011
Maryland Department of the Environment 2011 Annual Enforcement Report
135
Water Supply Program
Water Appropriation Permits
Performance Measure
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
Number of permits/licenses in effect at fiscal year end
OTHER REGULATED SITES/FACILITIES
TOTAL
643
11,107
N/A
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
0
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
292
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
292
Number of inspections, spot checks (captures number of compliance activities at sites)
0
Number of audits (captures number of reviews of file/submittals for compliance)
292
Number of inspections, audits, spot checks (sum of the two measures above)
292
COMPLIANCE PROFILE*
Number of inspected sites/facilities with significant violations
0
Percentage of inspected sites/facilities with significant violations
0%
Inspection coverage rate (number of sites inspected/coverage universe)
0%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
0
Number of significant violations based on technical/preventative deficiencies
0
Number of significant violations carried over awaiting disposition from previous fiscal
year
0
Total number of significant violations (sum of the three measures above)
0
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
0
Ongoing
0
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
5433
Administrative Civil/Judicial Total
Number of show cause, remedial, corrective actions
issued
0
0
0
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
97
0
97
Notices given to public by water systems under Section 9-410
N/A
Number of referrals to Attorney General for possible criminal action
0
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$0
* This activity does not include inspections. Annual or semiannual reports are required for certain water appropriation permits.
Maryland Department of the Environment 2011 Annual Enforcement Report
136
Water Supply Program
Water Appropriation Permits
Inspection Coverage Rate
2011 Coverage Universe = 11,107
Coverage Rate = 0%
0
11,107
Inspected Universe
Uninspected Univer se
Number of Enforcement Actions
Number of Inspections, Audits and Spot
Checks
100
1000
75
750
50
500
97
800
74
25
250
292
133
0
2009
2010
2011
0
0
2009
2010
2011
Maryland Department of the Environment 2011 Annual Enforcement Report
137
Waterway Construction – Dam Safety
PURPOSE
The purpose of the Dam Safety Division is to ensure that dams and other impoundment
structures are designed, constructed, operated, and maintained safely, in order to protect
public safety. The Dam Safety Division issues waterway construction permits for new
dams and ponds, as well as for modifications to existing water impoundments. In
addition, the Dam Safety Division conducts safety inspections of existing dams, conducts
construction inspections, and provides technical assistance to dam owners and local Soil
Conservation Districts (SCDs).
Many dams in Maryland were constructed decades ago and are now showing signs of
deterioration. In order to provide safe service, dams require frequent safety inspections,
monitoring, maintenance, and rehabilitation. In addition to larger dams, thousands of
smaller dams (typically under 20 feet high) were constructed decades ago with
corrugated metal pipe spillways. Often constructed on farms that have since been
developed into residential communities, many of these dams are now in poor condition
and threaten the safety of residents who live in newer homes constructed downstream of
them.
The Dam Safety Division, through its dam inspection, dam owner assistance, permitting,
and enforcement activities, seeks to prevent dam failures and the resultant loss of life,
property damage, and environmental impacts. Dam failures cause significant erosion of
stream channels and sediment deposition in the channel and in the storage area behind
the impoundment. In addition, dam failures can cause significant damage to wetlands
and habitat, both aquatic and terrestrial, through the destructive force of the depth and
velocity of the flood wave.
AUTHORITY
STATE:
Environment Article, Title 5, Subtitle 5; COMAR 26.17.04
PROCESS
Upon issuance of a permit, copies of the approved plans and a copy of the Permit are
forwarded to the Compliance Program. Dam Safety Division engineers conduct quality
assurance inspections. The Compliance Program may inspect the site to determine
whether construction has begun or to perform sediment control inspections at the request
of the permitting division or in response to citizens’ complaints.
Dams are classified into three categories according to the consequences of a potential
failure:
 High Hazard: loss of life and significant property damage
 Significant Hazard: property/infrastructure damage
 Low Hazard: damage to floodplain and the dam itself
Maryland Department of the Environment 2011 Annual Enforcement Report
138
The inspection frequency is based on national guidelines and is responsive to the
potential failure consequences as follows:
Hazard
Class
High
Significant
Low
Total
Number in Inspection
Category
Frequency
72
Annually
103
Every 3 years
238
Every 6 years
413
--
Sites
Targeted/Year
72
34
40
146
In addition, the Division inspects sites with permits to construct new dams, reinspects
existing dams when problems are found during the initial inspection, and inspects SCD
ponds and Natural Resources Conservation Service dams.
Based upon the inspection findings, the Dam Safety Division may initiate enforcement
actions, varying from a letter advising the owner to correct noted deficiencies up to
declaring the dam unsafe and in need of repair with an order requiring repairs or other
action be taken to ensure the safety of the dam.
MDE does not have the statutory authority to collect administrative or civil penalties for
this program. However, the administration has statutory authority to collect criminal
penalties.
SUCCESSES/CHALLENGES
When the Dam Safety Division set its inspection targets at the start of FY 201, the
Division was responsible for 526 dams. Some of these dams are currently breached and
therefore not in operation; the remaining 413 dams are in operation. The Dam Safety
Division inspects all high-hazard dams every year, and inspected 271 dams total in FY
2011.
Maryland Department of the Environment 2011 Annual Enforcement Report
139
Waterway Construction – Dam Safety
Performance Measure
TOTAL
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
22
Number of permits/licenses in effect at fiscal year end
567
OTHER REGULATED SITES/FACILITIES
Dams in operation
406
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
271
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
0
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
271
Number of inspections, spot checks (captures number of compliance activities at sites)
271
Number of audits (captures number of reviews of file/submittals for compliance)
337
Number of inspections, audits, spot checks (sum of the two measures above)
608
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
17
Percentage of inspected sites/facilities with significant violations
6%
Inspection coverage rate (number of sites inspected/coverage universe)*
67%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
0
Number of significant violations based on technical/preventative deficiencies
7
Number of significant violations carried over awaiting disposition from previous fiscal
year
6
Total number of significant violations (sum of the three measures above)
13
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
3
Ongoing
10
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
142
Administrative Civil/Judicial Total
Number of show cause, remedial, corrective actions
issued
4
0
4
Number of stop work orders
0
0
0
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
0
0
0
Number of referrals to Attorney General for possible criminal action
2
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$0
* Coverage rate above is computed as the total number of sites inspected and dividing that by the dams
in operation. See narrative for more detail about the Dam Safety Division’s approach to inspection
frequency.
Maryland Department of the Environment 2011 Annual Enforcement Report
140
Waterway Construction – Dam Safety
Inspection Coverage Rate
2011 Coverage Universe = 406
Coverage Rate = 67%
135
271
Inspected Universe
Uninspected Univer se
Number of Enforcement Actions
Number of Inspections,Audits, Spot
Checks
10
750
500
5
9
608
250
436
440
4
3
0
2009
2010
2011
0
2009
2010
2011
Maryland Department of the Environment 2011 Annual Enforcement Report
141
Wetlands and Waterways
Non-Tidal and Floodplain
PURPOSE
The goal of the Non-Tidal Wetlands Protection Act is to attain no net loss in non-tidal
wetland acreage and to strive for a net resource gain in non-tidal wetlands over present
conditions. One of the mechanisms established by the Act to accomplish this goal is a
comprehensive regulatory program that targets all activities that have a potential to
adversely impact non-tidal wetlands. These activities include the following:






Removal, excavation, or dredging of soil or materials of any kind;
Changing existing drainage or flood retention characteristics;
Disturbance of the water level or water table by drainage, impoundment, or
other means;
Filling, dumping, discharging of material, driving piles, or placing
obstructions;
Grading or removal of material that would alter existing topography; and
Destruction or removal of plant life.
Through its permit application review process, MDE first prevents wetland loss by
requiring the applicant to evaluate project designs that will avoid wetland impacts. Based
on this evaluation of alternatives, if MDE finds that impacts are unavoidable, the applicant
is required to utilize the project design that will minimize the wetland impacts and provide
appropriate mitigation for those impacts.
Mitigation, required for all unavoidable impacts that are authorized by MDE, means that
the applicant must replace lost wetland acreage, function and value. This is usually
accomplished by requiring the creation of new wetlands, restoration of relic wetlands,
enhancement of degraded wetlands or some acceptable combination. MDE may also
accept monetary compensation if it is determined that mitigation for non-tidal wetland
losses is not a feasible alternative. For example, monetary compensation may be
accepted if the size of the non-tidal wetland loss is less than one acre and a suitable
mitigation site cannot be identified within the impacted watershed. The payment is
deposited into the State’s Non-Tidal Wetlands Compensation Fund and used by the State
to construct non-tidal wetlands throughout Maryland.
In addition, MDE is also responsible for addressing potential impacts to the State’s nontidal waterways. Authorization is required to conduct any activity that changes the
course, current or cross-section of a non-tidal stream or body of water, including the 100year floodplain. Waterway construction activities are evaluated to ensure that they do not
create flooding on upstream or downstream properties. Such activities are additionally
evaluated to ensure protection of aquatic resources, including the maintenance of fish
habitat and migration, from degradation.
Maryland Department of the Environment 2011 Annual Enforcement Report
142
AUTHORITY
STATE:
Environment Article, Title 5, Subtitles 5 and 9; COMAR 26.17 and 26.23
PROCESS
Upon issuance of a permit, license, or authorization the file is transferred to the
Compliance Program where an inspection priority is assigned. The inspectors then
schedule routine inspections of the facilities adhering to the assigned priority as workload
allows. Facilities are not given advance notification of routine inspections. At any time
during the process, the inspection frequency can be adjusted as site conditions or
workload demand. Inspections are performed to verify that the projects are in accordance
with the authorization. Because a site may involve non-tidal wetland and/or 100-year
floodplain impacts, inspections evaluate whether all the resultant construction impacts are
in accordance with the permits. This may involve identifying or verifying a non-tidal
wetland boundary and documenting findings in the inspection report. At sites where there
may be 100-year floodplain impacts, it may be necessary to determine the floodplain
boundary before project compliance can be determined.
MDE does not have the statutory authority to collect administrative penalties for this
program.
SUCCESSES/CHALLENGES
WMA continues to inspect and take enforcement actions to address violations impacting
non-tidal wetlands and waterways. WMA is currently pursuing a large number of
enforcement cases involving nontidal wetlands through referrals to the Attorney General’s
Office, many as a result of investigation of citizen complaints. A challenge is the limited
number of WMA inspectors, enforcement staff, and attorneys to handle legal actions.
Maryland Department of the Environment 2011 Annual Enforcement Report
143
Wetlands and Waterways – Non-Tidal and Floodplain
Performance Measure
TOTAL
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
947
Number of permits/licenses in effect at fiscal year end
5,801
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
1,080
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
0
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
1,080
Number of inspections, spot checks (captures number of compliance activities at sites)
1,858
Number of audits (captures number of reviews of file/submittals for compliance)
0
Number of inspections, audits, spot checks (sum of the two measures above)
1,858
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
24
Percentage of inspected sites/facilities with significant violations
2%
Inspection coverage rate (number of sites inspected/coverage universe)
19%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
24
Number of significant violations based on technical/preventative deficiencies
0
Number of significant violations carried over awaiting disposition from previous fiscal
year
63
Total number of significant violations (sum of the three measures above)
87
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
3
Ongoing
84
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
38
Administrative Civil/Judicial Total
Number of show cause, remedial, corrective actions
issued
0
0
0
Number of stop work orders
1
0
1
Number of injunctions obtained
0
0
0
Number of penalty and other enforcement actions
3
0
3
Number of referrals to Attorney General for possible criminal action
0
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$45,002
Maryland Department of the Environment 2011 Annual Enforcement Report
144
Wetlands and Waterways –
Non-Tidal and Floodplain
Inspection Coverage Rate
2011 Coverage Universe = 5,801
Coverage Rate = 19%
1,080
4,721
Inspected Universe
Uninspected Univer se
Number of Enforcement Actions
Number of Inspections,Audits, Spot
Checks
25
2000
20
1500
15
1000
1,948
1,675
1,858
10
21
15
5
500
4
0
0
2009
2010
2011
2009
2010
2011
Maryland Department of the Environment 2011 Annual Enforcement Report
145
Wetlands - Tidal
PURPOSE
Tidal wetlands are open water and vegetated estuarine systems affected by the rise and
fall of the tide. In 1970, the Maryland General Assembly recognized that many tidal
wetlands had been lost or despoiled throughout the State by unregulated activities such as
dredging, dumping and filling, and that remaining tidal wetlands were in jeopardy. The
Wetlands and Riparian Rights Act established a comprehensive plan to restrict and
regulate activities conducted in tidal wetlands in order to preserve and protect them.
Prior to enactment of the Wetlands and Riparian Rights Act, over 1,000 acres of wetlands
were being destroyed throughout tidewater Maryland every year. Today, through its
regulatory program, MDE strives for a net resource gain over present conditions. Tidal
wetlands are managed to provide reasonable use while furnishing essential resource
protection. Licenses are issued for activities conducted in State wetlands by the
Maryland Board of Public Works, based on recommendations from MDE. Permits are
issued directly by MDE for activities conducted in private wetlands. A license or permit
must be obtained before a person dredges, fills or otherwise alters a tidal wetland.
The following projects require authorization from MDE if conducted in tidal wetlands:
dredging or filling; shoreline protection projects, including marsh creation, stone
revetments and bulkheads; piers; boat ramps; jetties, groins and breakwaters; cable
crossings; storm drain systems; and similar structures. The regulatory process for tidal
wetlands is similar to that described for non-tidal wetlands and waterways. Applications
are evaluated to insure that appropriate steps are taken to first avoid, and then minimize
impacts to tidal wetlands. Mitigation is required for unavoidable impacts, with the amount
of mitigation based on resources impacted; type of mitigation proposed; and location of
mitigation. In-kind and on-site mitigation is preferred and required wherever appropriate
site conditions exist.
AUTHORITY
STATE:
Environmental Article Title 16; Subtitle 2; COMAR 26.24
PROCESS
Upon issuance of a license/permit/authorization, the file is transferred to the Compliance
Program where an inspection priority is assigned. The inspectors then schedule routine
inspections of the facilities adhering to the assigned priority as workload allows. Facilities
are not given advance notification of routine inspections. At any time during the process,
the inspection frequency can be adjusted as site conditions or workload demand.
Inspections typically verify that the work being performed is in accordance with the work
authorized and that all license or permit conditions are in compliance.
MDE does not have the statutory authority to collect administrative penalties for this
program.
Maryland Department of the Environment 2011 Annual Enforcement Report
146
SUCCESSES/CHALLENGES
WMA actively worked in close cooperation with the Attorney General’s Office to resolve
numerous cases involving unauthorized impacts to tidal wetlands. Many of the cases are
developed as the result of citizen complaints about pier extensions, adding boat lifts or
boat houses, or building or extending bulkheads.
WMA is responding to a large number of citizen complaints in certain areas of the State to
identify the majority of tidal wetlands violations through on-site inspections. Development
of improved access to regular aerial photography of tidal coastlines with sufficient staff to
review the information to identify work underway that has not been approved by MDE
could help identify many other sites in violation. The on-site investigation and
enforcement process is impacted by the limited number of inspectors, enforcement staff,
and attorneys available to devote to tidal wetlands actions, and many cases will require
significant time from identification to conclusion if a court action is needed.
Maryland Department of the Environment 2011 Annual Enforcement Report
147
Wetlands – Tidal
Performance Measure
PERMITTED SITES/FACILITIES
Number of permits/licenses issued
Number of permits/licenses in effect at fiscal year end
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
Number of sites audited but not inspected (places where MDE reviewed
submittals but did not go to the site)
TOTAL
1,048
9,948
902
0
Number of sites evaluated for compliance (sum of the two measures above,
same as #11 on the prior charts)
Number of inspections, spot checks (captures number of compliance activities
at sites)
Number of audits (captures number of reviews of file/submittals for compliance)
Number of inspections, audits, spot checks (sum of the two measures above)
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
Percentage of inspected sites/facilities with significant violations
Inspection coverage rate (number of sites inspected/coverage universe)
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
Number of significant violations based on technical/preventative deficiencies
Number of significant violations carried over awaiting disposition from previous
fiscal year
Total number of significant violations (sum of the three measures above)
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
Ongoing
ENFORCEMENT ACTIONS
Number of compliance assistance rendered
Administrative
Civil/Judicial
Number of show cause, remedial, corrective
actions issued
1
Number of stop work orders
0
Number of injunctions obtained
0
Number of penalty and other enforcement actions
13
Number of referrals to Attorney General for possible criminal action
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
1
0
0
0
Maryland Department of the Environment 2011 Annual Enforcement Report
902
1,309
0
1,309
45
5%
9%
45
0
95
140
15
125
15
Total
2
0
0
13
0
$31,502
148
Wetlands – Tidal
Inspection Coverage Rate
2011 Coverage Universe = 9,948
Coverage Rate = 9%
902
9,046
Inspected Universe
Uninspected Univer se
Number of Enforcement Actions
Number of I nspections, Audits, Spot
Checks
30
1500
25
1200
20
900
15
1,235
600
26
1,309
27
10
862
15
300
5
0
2009
2010
2011
0
2009
2010
2011
Maryland Department of the Environment 2011 Annual Enforcement Report
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Maryland Department of the Environment 2011 Annual Enforcement Report
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OFFICE OF BUDGET AND FINANCE
Maryland Department of the Environment 2011 Annual Enforcement Report
151
Water Supply and Sewerage Construction
PURPOSE
Adequate water and sewer infrastructure is essential to public health and water quality
protection. Water and sewerage construction permits help ensure that projects for water
and sewerage are designed and constructed in accordance with sound engineering
principles and comply with the State design guidelines to protect water quality and public
health. These permits are required before installing, extending or modifying community
water supply and/or sewerage systems including treatment plants, pumping stations and
major water mains and sanitary sewers greater than 15 inches in diameter. These
permits also help to ensure compliance with local comprehensive land use and water and
sewerage plans and are supportive of community revitalization and land redevelopment.
AUTHORITY
STATE:
Environment Article, Title 9, Subtitle 2, COMAR 26.03.12
PROCESS
Pre-approval: The applicant must show that the proposed water or sewerage facility is
included in the current county water and sewerage plans, has a valid NPDES discharge
permit (if applicable), and will be operated either publicly or privately under a financial
management plan.
Post-approval: The project must be constructed in accordance with the approved plans
and specifications. Staff engineers perform inspections to verify the facility is constructed
to the approved design and/or the permittee submits “as built” plans or certification that
the project was built in accordance with original plans as approved by MDE. Other
approvals associated with the construction (i.e. sediment control, wetlands, etc.) are
inspected under those media and by those inspectors. This program does not have
authority to pursue traditional enforcement actions. For projects where MDE is providing
funding, construction violations would necessitate the return of state funds by the local
jurisdiction. If a construction violation were to go unnoticed, the eventual result would be
the failure of the facility to meet its discharge permit requirements or other performance
requirements. At that time, traditional enforcement tools available under the discharge
permit program would be utilized.
There is no correlation between the number of permits issued and the number of sites
inspected because inspections are performed only at active construction sites for projects
being financed by MDE. Once construction has begun these funded projects are
inspected on a routine basis through completion.
Maryland Department of the Environment 2011 Annual Enforcement Report
152
SUCCESSES/CHALLENGES
Over the past year the activity numbers have remained fairly consistent with the previous
years’ activities; the program is on target with its goals. The number of inspections
performed is a function of the number of active construction projects being financed by
MDE. MDE monitors all projects for which State financial assistance is being provided.
Accordingly, the annual number of inspections will vary as the number of financed
projects initiate and complete construction.
Maryland Department of the Environment 2011 Annual Enforcement Report
153
Water Supply and Sewerage Construction
Performance Measure
PERMITTED SITES/FACILITIES
TOTAL
Number of permits/licenses issued
Number of permits/licenses in effect at fiscal year end
153
456
INSPECTIONS
Number of sites inspected (“inspected” defined as at the site)
Number of sites audited but not inspected (places where MDE reviewed submittals but
did not go to the site)
Number of sites evaluated for compliance (sum of the two measures above, same as
#11 on the prior charts)
Number of inspections, spot checks (captures number of compliance activities at sites)
Number of audits (captures number of reviews of file/submittals for compliance)
Number of inspections, audits, spot checks (sum of the two measures above)
249
0
249
620
0
620
COMPLIANCE PROFILE
Number of inspected sites/facilities with significant violations
% of inspected sites/facilities with significant violations
Inspection coverage rate (number of sites inspected/coverage universe)
0
0%
55%
SIGNIFICANT VIOLATIONS
Number of significant violations involving environmental or health impact
Number of significant violations based on technical/preventative deficiencies
Number of significant violations carried over awaiting disposition from previous fiscal
year
Total number of significant violations (sum of the three measures above)
0
0
0
0
DISPOSITION OF SIGNIFICANT VIOLATIONS
Resolved
Ongoing
0
0
ENFORCEMENT ACTIONS*
Number of compliance assistance rendered
0
Administrative
Number of show cause, remedial, corrective actions
issued
0
Number of stop work orders
0
Number of injunctions obtained
0
Number of penalty and other enforcement actions
0
Number of referrals to Attorney General for possible criminal action
Civil/Judicial
0
0
0
0
Total
0
0
0
0
0
PENALTIES
Amount of administrative or civil penalties obtained ($ collected in FY)
$0
* Program does not have direct legal authority to pursue traditional enforcement actions for violations. It may require the return of
State funding if significant problems arise. MDE may indirectly use its general water pollution authority if a constructed facility
violates the law.
Maryland Department of the Environment 2011 Annual Enforcement Report
154
Water Supply and Sewerage Construction
Inspection Coverage Rate
2011 Coverage Universe = 456
Coverage Rate = 55%
207
249
Inspected Universe
Uninspected Universe
Number of Inspections, Audits
and Spot Checks
Number of Enforcement Actions
10
800
600
5
400
620
200
229
294
0
2009
2010
2011
0
0
2009
0
2010
0
2011
Maryland Department of the Environment 2011 Annual Enforcement Report
155
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Maryland Department of the Environment 2011 Annual Enforcement Report
156
OFFICE OF THE ATTORNEY GENERAL
ENVIRONMENTAL CRIMES UNIT
Maryland Department of the Environment 2011 Annual Enforcement Report
157
Environmental Crimes Unit
Executive Summary
The Environmental Crimes Unit (ECU) of the Criminal Division of the Maryland Attorney
General’s Office investigates and prosecutes environmental crimes in Maryland. During
FY 2011, the ECU opened thirty-seven in-depth criminal investigation cases. ECU filed
charges in thirty-two of the cases opened. Of the thirty-seven cases, seventeen were the
result of referrals from MDE administrators. Thirty-two prosecutions were completed in the
state courts during the fiscal year, resulting in jail terms totaling eighteen years and nine
months, probation terms totaling forty-one years and four months and imposed fines
totaling $178,523.90. Courts additionally ordered community work service and other
penalties. Additionally, there were numerous calls or requests for Investigations which
were investigated and reviewed without opening a full scale criminal investigation. This can
occur when there is insufficient information available at the time for the unit to justify
opening a full scale investigation, when the matter can be easily resolved, or when a
referral is made to another, more appropriate agency to handle.
Environmental Crimes Unit
PURPOSE
The Attorney General's Environmental Crimes Unit (ECU) investigates and prosecutes
environmental crimes in Maryland. ECU is a criminal investigation and prosecution unit
under the direction of the Criminal Division of the Attorney General's Office. ECU utilizes
the prosecutorial authority of the Attorney General and also, in part, the investigative skills
and law enforcement authority of the Maryland State Police and local police departments to
investigate environmental violations. When appropriate, ECU files criminal charges against
both corporate and individual offenders. Criminal enforcement is an effective and
necessary tool in the compliance effort because it ensures that the offenders are subjected
to criminal sanctions. This is important to protect public health and ensure a level playing
field for those that do comply with Maryland’s environmental laws. Criminal investigations
and prosecutions may be pursued in circumstances such as when repeated unsuccessful
civil actions have been attempted, or when the offenses are particularly significant or
involve immediate danger to the environment. Criminal enforcement is used whenever the
prospect of imprisonment and/or being stigmatized by a criminal conviction is deemed a
necessary tool to protect health and the quality of Maryland’s air, land and water resources.
ECU has jurisdiction throughout the State. ECU's statewide multi-media responsibilities are
currently carried out with an extensively decreased staff that numbered only five at the end of
the fiscal year. Staff included 1 investigator and 3 prosecutors, all of whom are directly
involved in the criminal investigation and enforcement work of the unit throughout the State.
The decreased staffing, most notably in the number of investigators assigned to the unit,
Maryland Department of the Environment 2011 Annual Enforcement Report
158
dramatically hampers the ability of ECU to function properly. Additionally, various outside
police agencies which have historically had officers assigned to this division have taken all
officers out of the unit completely because of their own budgetary constraints. It is only
through complete and full investigation that criminal cases can be properly assessed and
charges filed. The minimal investigative resources currently available to ECU translates
directly to fewer viable cases investigated and charged.
AUTHORITY
STATE: The General Assembly, through the Environment Article, provides the Attorney
General exclusive or concurrent authority to prosecute criminal violations
stemming from investigations involving water pollution, air pollution and
hazardous waste. The Attorney General also has authority under Article V,
Section 3 of the Constitution of Maryland to investigate and prosecute other
crimes as directed by the Governor. Historically the Governor has granted ECU
continuing authority to investigate and prosecute violations of Maryland's Litter
Control Law (§10-110 of the Criminal Law Article), and other broadly defined
related offenses. ECU seeks the Governor’s authorization to investigate and
prosecute other violations not within the Environment Article on either a caseby-case basis, or based on specific areas of concern.
PROCESS
ECU receives complaints about possible criminal activity from multiple sources: citizen
complaints, other governmental and law enforcement agencies, the MDE Administrations,
or from their own initiatives. Complaints are initially reviewed by an ECU prosecutor and
investigator to assess the potential case. Cases deemed potentially appropriate for
prosecution are subjected to full investigations for the purpose of gathering sufficient
evidence to accurately assess whether the filing of criminal charges is warranted. If
charges are filed or indictments returned by grand juries, ECU prosecutors and
investigators work the case through trial and any appeals.
SUCCESSES/CHALLENGES
In FY 2011, ECU successfully assisted MDE in furthering its compliance and enforcement
goals by opening thirty-seven in-depth criminal cases and filing charges in thirty-two of
those cases. Of these thirty-seven cases, seventeen were the result of referrals from
MDE administrations. Thirty-two court prosecutions were completed during the fiscal year,
resulting in jail terms totaling eighteen years and nine months, probation terms totaling
forty-one years and four months and imposed fines totaling $178,523.90, in addition to
community work service and other penalties.
A continuing challenge is to restore investigative resources at least to levels experienced in the
1990’s. Sworn law enforcement personnel with statewide authority assigned to this Unit have
now been reduced by 100% from FY 1999. All police agencies have removed their officer
positions previously assigned to the Unit. The lack of sworn police officers assigned to the
division limits the actions which ECU can pursue.
Maryland Department of the Environment 2011 Annual Enforcement Report
159
There is a desire for the Unit to be able to be more proactive in the pursuit of industries and
businesses, as well as individuals, who are often found repeating the same dangerous
environmental crimes. In order to be able to be effective in this effort, and to bring sufficient
results, it will be necessary to be fully staffed with both attorneys and investigators. The
cases can be complex and involved, especially in a pro-active form, and without the proper
staffing, results will be limited. The Unit continues to lack in staffing for both attorneys and
investigators to achieve its goals.
Maryland Department of the Environment 2011 Annual Enforcement Report
160
CHART 1 shows the number of investigations conducted by ECU during FY 2011 and the source
of the complaints leading to the investigations.
FY '11 – INVESTIGATIONS OPENED
SOURCE OF
COMPLAINTS
ARMA
M
LMA
D
WMA
E
ERD
MDE TOTAL
OTHER SOURCES
TOTAL
INVESTIGATIONS
OPENED
1
16
7
0
24
13
37
The MDE administrations, ARMA, WAS, and WMA, have traditional enforcement programs. The
Emergency Response Division often responds to environmental emergencies that may be caused
by criminal activities.
CHART 2 shows the number of cases prosecuted by ECU during FY 2011. The chart
distinguishes between the number of cases where prosecution was initiated during FY 2011 and
the number of cases concluded during FY 2011. In prosecuting criminal cases, it is not
uncommon for charges in a case to be filed during one fiscal year and concluded during a
subsequent fiscal year. Charges may also be formally filed in a different fiscal year than when the
investigation was opened by ECU.
FY '11 – PR0SECUTIONS
SOURCE OF
COMPLAINTS
NO. OF
CASES FILED
NO. OF CASES
CONCLUDED
ARMA
LMA
WMA
ERD
OS
MDE TOTAL
OTHER SOURCES
TOTAL
1
14
5
0
0
20
12
32
1
14
5
0
0
20
12
32
M
D
E
Maryland Department of the Environment 2011 Annual Enforcement Report
161
CHART 3 The Report of Enforcement Activities mandated by §1-301(d) of the Environment Article requires reporting of
information for criminal cases prosecuted under specified subtitles of the Environment Article. The chart reflects all ECU
activity for the fiscal year.
FY ’11 – YEARLY
TOTALS
EN
EN
EN
EN
EN
EN
CL
Title 1
Title 4
Title 5
Title 7
Title 8
Title 9
Title 10
NR
TOTALS
Subtitle 3 Subtitle 1 Subtitle 4 Subtitle 9 Subtitle 1 Subtitle 2 Subtitle 5 Subtitle 6 Subtitle 7
* Number of
13
Convictions Obtained
Imprisonment Time
3 Yrs
6 Mos
Ordered (Years)
Imprisonment Time
0
To Be Served
Probation Ordered
5 Yrs
(Years)
Community Service
800
Ordered (Hours)
Criminal Fines,
Restitution & Costs 50,000
Imposed
Criminal Fines,
Restitution & Costs to 5,000
be Paid
Subtitle 2
Title 4
Title 8
Subtitle 3 Subtitle 1 Subtitle 2 Subtitle 10 Subtitle 11 Subtitle 7
6
33
2
1
1
1
14
1
4
13
2
5
2
1
1
100
5 Mos
0
0
0
0
1 Yr
0
0
11 Yrs
1 Mos
1 Yr
3 Mos
0
0
0
0
0
18 Yrs 9 Mos
0
0
0
0
0
2 Mos
0
0
5 Yrs
3 Mos
0
0
0
0
0
5 Yrs 5 Mos
3 Yrs
9 Mos
0
0
0
0
3 Yrs
0
0
15 Yrs
5 Yrs
4 Yrs
6 Mos
3
1 Yr
6 Mos
7 Mos
0
41 Yrs 4 Mos
140
0
0
0
0
0
0
0
0
100
90
0
0
0
0
1130 Hrs
8,500
0
60,135
0
0
1,000
0
0
15,431.40
33,000
0
7,612.50
1,845
1,000
0
178,523.90
8,500
0
60,135
0
0
500
0
0
4,531.40
27,000
0
2,610
845
1,672.50
0
110,793.90
* Note – A single case may involve charges from any number of the various titles.
Environmental Article (EN)
Title 1 – Enforcement
Title 4 – Water Management/Waste Mgmt.
Title 5 – Water Resources
Title 7 – Hazardous Materials & Substances
Title 8 – Radiation
Title 9 – Water
Title 10 – Crimes
Criminal Law Article (CL)
Title 10 – Crimes Against Public Health
Natural Resources Article (NR)
Title 4 – Fish and Fisheries
Title 8 – Water & Water Resources
Maryland Department of the Environment 2011 Annual Enforcement Report
162
Environmental Crimes Unit
Number of Cases Filed In Court
35
30
25
20
15
10
5
0
Number of Cases Concluded In Court
40
30
32
20
19
20
25
10
9
32
13
12
FY 07 FY 08 FY 09 FY 10 FY 11
FY 07 FY 08 FY 09 FY 10 FY 11
Fines, Restitution and Costs
Imposed
Community Service
1130
1200
1000
780,211
178,524
85,000
127,833
85,000
Hours
$800,000
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
$0
14
11
0
800
22
600
400
350
150
166
200
0
FY 07 FY 08 FY 09 FY 10 FY 11
FY
07
FY
08
FY
09
FY
10
MDE FY 2011 Annual Enforcement and Compliance Report
FY
11
163
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MDE FY 2011 Annual Enforcement and Compliance Report
164
SECTION THREE
APPENDICES
MDE FY 2011 Annual Enforcement and Compliance Report
165
APPENDIX A
MDE Organization
MDE FY 2011 Annual Enforcement and Compliance Report
166
MARYLAND DEPARTMENT OF THE ENVIRONMENT
GOVERNOR
Steven Johnson
Principal Counsel
Office of Attorney
General
Kathy M. Kinsey
Deputy Secretary
Michelle Barnes
Supervising
Attorney
Environmental
Crimes Unit
Robert M. Summers, Ph.D.
Secretary
David A. Costello
Deputy Secretary
Brigid E. Kenney
Senior Policy Advisor
Terri Wilson
Director
Budget & Financing
Sue BattleMcDonald
Director
MDEStat
Donna Dancy
Director
Audit
Jag Kuman
Director
WQFA
Walid Saffouri
Director
ECCP
Heather Barthel
Director
Legislative &
Intergovernmental
Affairs
Samantha Kappalman
Director
Communications & PIA
Vacant, Director
Permits & Regulatory
Reform
W. Thomas Levering
Director, Emergency
Preparedness Planning
Tyrone Hill
Director
Fair Practices
James Purvis
Director
Information
Management &
Technology
Susan Scotto
Director
Operational Services
Administration
Richard Eskin
Director
Science Services
Administration
Central Services
Fiscal Services
Human Resources
Procurement & Contract
Mgmt.
Operational Services &
Mgmt.
Planning & Project Mgmt.
Environmental Health
TMDL Technical
Development
Water Quality
Monitoring
Environmental
Assessment
Water Quality
Restoration &
Protection
Operational &
Administrative
Services
George (Tad) Aburn
Director
Air & Radiation
Management
Administration
Air Quality Permits
Air Quality Planning
Air Quality Compliance
Air Monitoring
Mobile Sources
Control
Radiological Health
Operational &
Administrative
Services
Horacio Tablada
Director
Land Management
Administration
Jay Sakai
Director
Water Management
Administration
Lead Poisoning
Prevention
Solid Waste
Hazardous Waste
Land Restoration
Program
Oil Control
Mining Program
Technical Services
& Operations
Compliance
Sediment &
Stormwater Dam
Safety
Wastewater Permits
Water Supply
Water Resources
Planning Unit
Wetlands & Waterways
Operational &
Administrative
Services
MDE FY 2011 Annual Enforcement and Compliance Report
167
Air and Radiation Management Administration
SECRETARY
George (Tad) Aburn
Director
(410) 537-3255
Angelo Bianca
Deputy Director
(410) 537-3260
Office of Operational Services &
Administration
Denise Hartzell
(410) 537-3265
Air Quality Planning &
Program
Diane Franks
(410) 537-3250
- Climate Change
- Regulation &
Development
- Air Quality Policy &
Planning
Air Monitoring Program
David Krask
(410) 537-3756
- Ambient Air Monitoring
- Air Quality Measurement
Modeling and Analysis
- Analytical Laboratory
- Data Management &
Quality
Assurance
Air Quality Compliance Program
Frank Courtright
(410) 537-3220
- Process Compliance
- Industrial Compliance
- Field Services
- Compliance Services
- Asbestos Accreditation &
School Assistance
- Asbestos Licensing
Enforcement
Air Quality Permits
Program
Karen Irons
(410) 537-3225
- Chemical &
Mineral
- Combustion &
Metallurgical
MDE FY 2011 Annual Enforcement and Compliance Report
Mobile Sources
Control Program
Marcia Ways
(410) 537-3270
- Engineering &
Technology
Assessment
-Inspection/
Maintenance
- Certification &
Auditing
Radiological Health
Program
Roland Fletcher
(410) 537-3300
- Radiation Machines
- Radioactive Materials
- Regulations &
Radiation Exposure
Strategies
168
Land Management Administration
SECRETARY
Technical Services Operations
Program
- Recycling Services
- Legislation Evaluation
- Regulatory Review and
Notification
- Budget Preparation
- Grants Financial Management
- Audit Review
- Fleet Management/Procurement
- Pollution Prevention
- Scrap Tire Remediation
- Projects and Data System
Lead Poisoning Prevention
Program
Alvin Bowles
(410) 537-3441
- Lead Enforcement
- Lead Accreditation &
Oversight
- Lead Surveillance and
Health
Solid Waste Program
Edward Dexter
(410) 537-3318
- Solid Waste Permits &
-
Compliance
Sewage Sludge Permits &
Compliance
Scrap Tire Permits &
Compliance
Natural Wood Waste
Permits & Compliance
County Solid Waste Plans
Review
Horacio Tablada
Director
(410) 537-3304
Mitch McCalmon
Deputy Director
(410) 537-3304
Mining Program
Edmond Larrimore
(410) 537-3557
- Coal and Non Coal Mining Permit
- Mining Compliance
- Mine Restoration
Hazardous Waste Program
Vacant
(410) 537-3343
- Manifest Tracking
- Hazardous Waste Permits
& Compliance
- Hazardous Waste
Regulatory
Authorization
- Hazardous Materials
Transportation Inspection
- Low Level Radioactive
Waste
Land Restoration Program
James Carroll
(410) 537-3437
Oil Control Program
Vacant
(410) 537-3442
- Superfund Site
- Leaking Underground
Assessments
- State Superfund Site
Remediation
- Voluntary Cleanup/
Brownfields
- National Priority List
Remediation
Storage Tanks (LUST)
- Underground Storage Tank
(UST) Compliance &
Remediation
- UST Cleanup
Reimbursements
- Oil Contaminated Facilities
& Aboveground Storage
Tank Permits
-
MDE FY 2011 Annual Enforcement and Compliance Report
169
WATER MANAGEMENT ADMINISTRATION
Jay G. Sakai, Director
(410) 537-3567
Virginia Kearney, Dep. Director
(410) 537-3512
Jack Bowen, Mgr., Reg. Programs
(410) 537-3512
Water Resources Planning Unit
Janice Outen, RCE
(410) 537-3860
- County/municipal comprehensive plans
- Water & sewerage plans
- Liaison w/MDP, MDA & DNR
Office of Operational & Administrative Services
Pamela Wright, Program Mgr
(410) 537-3754
Chesapeake Bay Coordinator
Marya Levelev, RCE
(410)537-3720
-Budget Preparation & Resource Management
-State Environmental Boards
-Operations Coordination & Procurement
-Federal Grants Mgt. & FMIS Coordination
-Accounts Receivable/Cash Receipts & Revenue
Reconciliations
- Chesapeake Bay and Trib Plans
- Bay restoration strategy/policy
development & tracking
- Bay Workgroup/committees
Wastewater Permits Program
Edwal Stone, Program Mgr
Jay Prager, Deputy
(410) 537-3599
-NPDES Permits
-State Groundwater Permits
-Wells & Septics
-Pretreatment
-Technical Services
-Coastal Zone Consistency
-Nontidal Wetlands & Waterways
-Tidal Wetlands
Water Supply Program
Saeid Kasraei, Program Mgr
Barry O’Brien, Deputy
(410) 537-3702
Compliance Program
Thomas Boone, Program Mgr
Dave Lyons, Deputy
(410) 537-3529
-Resource Planning & Utilization
-Inspection Coordination & Support Services
-Enforcement Division
-Western Inspection
-Central Inspection
E t
I
ti
Wetlands & Waterways Program
Gary Setzer, Program Mgr
Elder Ghigiarelli, Deputy
(410) 537-3745
MDE FY 2011
-Source Protection & Appropriation Permits
-Drinking Water Compliance
-Drinking Water Surveillance and
Technical
Assistance and Compliance
Annual
Enforcement
-Water Policy & Security
Sediment, Stormwater & Dam Safety
Program
Vacant, Program Mgr
(410) 537-3524
Report
-Sediment & Stormwater Plan Review
-Erosion Control
-Dam Safety
-Local Program Oversight
170
APPENDIX B
List of Programs Included In This Report
1-301(d)
PROGRAMS INCLUDED IN ANNUAL ENFORCEMENT AND COMPLIANCE REPORT
 Ambient Air Quality Control
o High-Impact Facilities
o Low-Impact Facilities
 Air Quality Complaints
 Asbestos
 Radiological Health Program
o Radiation Machines Program
o Radioactive Materials Licensing and Compliance
 Environmental Restoration and Redevelopment
 Hazardous Waste
 Lead Poisoning Prevention
 Oil Aboveground Facilities
 Oil Pollution Remediation Activities
 Oil Underground Storage Tank Systems
 Refuse Disposal
 Scrap Tires
 Sewage Sludge Utilization
 Animal Feeding Operations
 Natural Wood Waste Recycling
 Mining – Coal
 Mining – Non-Coal
 Oil and Gas Exploration and Production
 Discharges – Groundwater (Municipal and Industrial)
 Discharges – Surface Water (Municipal and Industrial) State and NPDES Permits
 Discharges – Pretreatment (Industrial)
 Stormwater Management and Erosion and Sediment Control for Construction
Activity
 Water Supply Program – Community and Non-transient Non-community Water
Systems
 Water Supply Program – Transient Non-community Water Systems
 Water Supply Program – Laboratory Certification
 Water Supply Program – Water Appropriation and Use
 Water Supply and Sewerage Construction
 Waterway Construction – Dam Safety
 Wetlands and Waterways – Non-tidal and Floodplain
 Wetlands – Tidal
 Environmental Crimes Unit
MDE FY 2011 Annual Enforcement and Compliance Report
171
APPENDIX C
Environmental Article Section
1-301(d)
§1-301(d) Report on Enforcement Activities.
(1) (i) On or before October 1 of each year, the Secretary, in consultation with the
Attorney General, shall submit to the Legislative Policy Committee, in accordance with §2-1246 of
the State Government Article, a report on enforcement activities conducted by the Department
during the previous fiscal year.
(ii) The report shall:
1. Include the information required under this subsection and any
additional information concerning environmental enforcement that the Secretary decides to provide;
2. Be available to the public as soon as it is forwarded to the Legislative
Policy Committee;
3. Include information on the total number of permits and licenses issued
by or filed with the Department at any time and still in effect as of the last date of the fiscal year
immediately preceding the date on which the report is filed;
4. Include information concerning specific enforcement actions taken with
respect to the permits and licenses during the immediately preceding fiscal year; and
5. Include information on the type and number of contacts or consultations
with businesses concerning compliance with State environmental laws.
(iii) The information required in the report under paragraph (3) of this subsection shall be
organized according to each program specified.
(2) The report shall state the total amount of money as a result of enforcement
actions, as of the end of the immediately preceding fiscal year:
(i)
Deposited in the Maryland Clean Air Fund;
(ii)
Deposited in the Maryland Oil Disaster Containment, Clean-up and
Contingency Fund;
(iii)
Deposited in the Nontidal Wetland Compensation Fund;
(iv)
Deposited in the Maryland Hazardous Substance Control Fund;
(v)
Recovered by the Department from responsible parties in accordance
with §7-221 of this article;
(vi)
Deposited in the Sewage Sludge Utilization Fund; and
(vii)
Deposited in the Maryland Clean Water Fund.
(3)(i) The report shall include the information specified in subparagraphs (ii), (iii), (iv), and (v) of this
paragraph for each of the following programs in the Department:
1. Ambient air quality control under Title 2, Subtitle 4 of this article;
2. Oil pollution under Title 4, Subtitle 4 of this article;
3. Nontidal wetlands under Title 5, Subtitle 9 of this article;
4. Asbestos under Title 6, Subtitle 4 of this article;
5. Lead paint under Title 6, Subtitle 8 of this article;
6. Controlled hazardous substances under Title 7, Subtitle 2 of this
article;
7. Water supply, sewerage systems, and refuse disposal systems under Title 9, Subtitle 2 of
this article;
8. Water discharges under Title 9, Subtitle 3 of this article;
MDE FY 2011 Annual Enforcement and Compliance Report
172
9. Drinking water under Title 9, Subtitle 4 of this article; and
10. Wetlands under Title 16, Subtitle 2 of this article.
(ii) For each of the programs set forth in subparagraph (i) of this paragraph, the Department shall
provide the total number or amount of:
1. Final permits or licenses issued to a person or facility, as appropriate, and not
surrendered, suspended or revoked;
2. Inspections, audits, or spot checks performed at facilities permitted;
3. Injunctions obtained;
4. Show cause, remedial, and corrective action orders issued;
5. Stop work orders;
6. Administrative or civil penalties obtained;
7. Criminal actions charged, convictions obtained, imprisonment time
ordered, and criminal fines received; and
8. Any other actions taken by the Department to enforce the requirements
of the applicable environmental program, including:
A. Notices of the removal or encapsulation of asbestos under
§6-414.1 of this article; and
B. Actions enforcing user charges against industrial users under
§9-341 of this article.
(iii) In addition to the information required in subparagraph (ii) of this paragraph, for the Lead Paint
Program under Title 6, Subtitle 8 of this article, the report shall include the total number or amount
of:
1. Affected properties registered; and
2. Inspectors or other persons accredited by the Department, for whom
accreditation has not been surrendered, suspended, or revoked.
(iv) In addition to the information required in subparagraph (ii) of this paragraph, for the Controlled
Hazardous Substances Program under Title 7, Subtitle 2 of this article, the report shall include the
following lists, updated to reflect the most recent information available for the immediately
preceding fiscal year:
1. Possible controlled hazardous substance sites compiled in accordance with §7-223 (a) of
this article.
2. Proposed sites listed in accordance with §7-223 (c) of this article at which the Department
intends to conduct preliminary site assessments; and
3. Hazardous waste sites in the disposal site registry compiled in
accordance with §7-223 (f) of this article;
(v) In addition to the information required in subparagraph (ii) of this paragraph, for the Drinking
Water Program, the report shall include the total number of:
1. Actions to prevent public water system contamination or to respond to a Safe Drinking
Water Act emergency under §§9-405 and 9-406 of this article; and
2. Notices given to the public by public water systems under §9-410 of this article.
MDE FY 2011 Annual Enforcement and Compliance Report
173
APPENDIX D
Legislation Enacted During 2011 Affecting
Enforcement and Penalties
HB0053/SB0320 – Environment - Phosphorus - Commercial Dishwashing Detergent
This bill prohibits, beginning July 1, 2013, a person from using, selling, manufacturing, or
distributing for use or sale within the State any detergent for use in a commercial
dishwashing machine that contains more than 0.5% phosphorus by weight.
HB0054/SB0221 – Environment - Decabrominated Diphenyl Ether - Trace Amounts
This emergency bill alters the current phase-out of decabrominated diphenyl ether
(decaBDE) in specified products to add a permissible threshold level of 0.1% decaBDE by
mass. The 0.1% threshold applies to all product categories of the phase-out; however, the
bill provides an additional exemption from the phase-out for aircraft and aircraft parts.
HB0057/SB0539 – Environment - Bay Restoration Fund - Authorized Uses
This bill expands the uses of the Septics Account of the Bay Restoration Fund (BRF) to
include providing grants or loans for connecting a property served by an on-site sewage
disposal (septic) system to an existing municipal wastewater facility achieving enhanced
nutrient removal (ENR) level treatment. The grants or loans may be for up to the cost that
would be currently authorized for repairing or replacing a failing septic system with one that
uses best available technology (BAT) for nitrogen removal. Funding may only be provided if
(1) the environmental impact of the septic system is documented by the local government
and confirmed by MDE; (2) it can be demonstrated that the replacement of the septic
system with service to a wastewater facility with ENR is more cost-effective for nitrogen
removal than upgrading an individual septic system or the individual replacement of the
septic system is not feasible; (3) the project is consistent with the appropriate county’s
comprehensive plan; (4) the septic system was installed on or before October 1, 2008, and
the property it serves is located in a priority funding area (PFA); and (5) the local
government has adopted a policy or procedure that guarantees that all future connections
with the ENR facility meet each of these conditions.
HB0145 – Environment - Cadmium in Children's Jewelry - Prohibition
This bill prohibits a person from, on or after July 1, 2012, manufacturing, selling, offering for
sale, or distributing any children’s jewelry containing cadmium at more than 0.0075% by
weight. The Maryland Department of the Environment (MDE) may adopt regulations to
carry out the bill’s provisions.
HB0966 – Natural Resources - Restricted Waters for Shellfish Harvesting - Testing
This bill requires the Maryland Department of the Environment (MDE) to use the most
reliable available tests to determine whether a shellfish production area poses a risk to
human health and rule out contaminants that do not pose a risk, including specified
bacteria, in determining whether to restrict, or lift any restrictions on, an area used to catch
or store shellfish.
MDE FY 2011 Annual Enforcement and Compliance Report
174
MDE must, by December 31, 2011, reconsider the designation of State waters that are
currently restricted from shellfish harvesting, giving priority to areas where there are
existing or pending shellfish leases or aquaculture permits.
HB1033/SB0840 – Environment - Reducing Lead Risk in Housing - Risk Reduction
Standards
The bill requires an owner of an affected property under the Reduction in Lead Risk in
Housing Program to satisfy the risk reduction standard at the initial and each subsequent
change of occupancy by passing the test for lead-contaminated dust. At each change in
occupancy, an owner of affected property must have the property inspected to verify that
the risk reduction standard has been satisfied. The bill maintains the existing condition that,
at the initial change in occupancy, any chipping, peeling, or flaking paint be removed or
repainted on the interior and exterior surfaces of the property. However, the option to
satisfy the risk reduction standard by performing specified lead hazard reduction treatments
is repealed. The bill alters the modified risk reduction standard by requiring both the test
for lead-contaminated dust and the performance of specified lead hazard reduction
treatments.
The bill also allows a property owner to comply with the modified risk reduction standard by
providing for the temporary relocation of tenants to either a lead-free dwelling unit or
another dwelling unit that has satisfied the risk reduction standard for an affected property
within 30 days after the receipt of a notice of elevated blood lead level or a notice of defect.
The bill requires that the satisfaction of the modified risk reduction standard be verified by
submitting a report from an accredited inspector and repeals the option to submit a
statement of the work that is verified by the tenant and an accredited supervisor or
contractor. Also repealed is the requirement to submit the report within a specified time
period.
The bill also authorizes the enforcement of the Reduction Lead Risk in Housing laws
through civil penalties of up to $25,000 per violation; each day that a violation occurs
constitutes a separate violation. MDE must conduct a specified study in consultation with
members of the General Assembly and representatives of specified State and local
agencies and organizations reflecting the interests of landlords, housing owners, and lead
poisoning prevention advocates, among others. The study must evaluate processes that
reduce the incidence of lead poisoning in affected and nonaffected properties, including
rental properties built from 1950 through 1978 and owner-occupied properties. The bill lists
several specific issues that must be studied and requires MDE to report the results of the
study to the General Assembly by December 31, 2011. MDE must also adopt regulations
related to reporting requirements of dust testing laboratory results.
HB1254 – Environment - Reduction of Lead Risk in Housing - Registration and Fees
This departmental bill alters the requirement for the owner of an “affected property” to
renew registration on an annual basis, such that an owner may renew according to a
schedule established by regulation by the Maryland Department of the Environment (MDE).
In addition, the bill allows the annual fee for an affected property to be paid according to a
schedule established by MDE regulations.
MDE FY 2011 Annual Enforcement and Compliance Report
175
SB0751 – Environment - Dishwashing Detergent Containing Phosphorus - Penalties
This bill enhances existing penalty provisions by establishing a misdemeanor penalty of up
to $1,000 for a first offense and between $1,000 and $25,000 for a subsequent offense, for
a person who knowingly violates the existing prohibition on the sale or distribution of a
household dishwashing detergent containing more than 0.5% phosphorus by weight.
SB0847 – Natural Resources - Aquaculture
This Administration bill transfers specified aquaculture, seafood, and related marketing
functions from the Maryland Department of Agriculture (MDA), the Maryland Department of
the Environment (MDE), and the Board of Public Works (BPW) to the Department of
Natural Resources (DNR) and establishes DNR as the lead State agency for (1)
coordinating and streamlining the process of applying for a State aquaculture permit; (2)
promoting, coordinating, and marketing aquaculture and aquaculture products; and (3)
enforcing laws, regulations, and rules. The bill requires the State’s Aquaculture Coordinator
to be employed by DNR and alters the membership of the Aquaculture Review Board,
which is chaired by the Aquaculture Coordinator. DNR is authorized to issue water column
leases in State waters that MDE classifies in a specified manner.
MDE FY 2011 Annual Enforcement and Compliance Report
176
APPENDIX E
MDE Penalty Policy
MDE's Approach to Determining the Appropriate Response to Violations
MDE is committed to a consistent, timely and appropriate compliance assurance program,
which is protective of the public health and the environment while creating a credible
deterrent against future violations. It is MDE’s policy to assess fair and equitable penalties
in keeping with the factors specified by the governing statute, and commensurate with the
nature of the violations. The statutory factors that MDE must consider in assessing
administrative penalties are:
1. The willfulness of the violation, the extent to which the existence of the violation was
known to but uncorrected by the violator, and the extent to which the violator exercised
reasonable care;
2. Any actual harm to the environment or to human health, including injury to or
impairment of the air, waters, or natural resources of this State;
3. The cost of cleanup and the cost of restoration of the natural resource;
4. The nature and degree of injury to or interference with general welfare, health, and
property;
5. The extent to which the location of the violation, including the location near waters of
this State or areas of human population, creates the potential for harm to the environment
or to human health and safety;
6. The available technology and economic reasonableness of controlling, reducing, or
eliminating the violation;
7. The degree of hazard posed by the particular pollutant or pollutants involved;
8. The extent to which the current violation is part of a recurrent pattern of the same or
similar type of violation committed by the violator.
MDE will consider each of the specific factors on a case-by-case basis. While all factors
set forth in the statute will be considered, it is not necessary for all of the factors to be
applicable before the maximum penalty may be assessed. A single factor may warrant the
imposition of the maximum penalty. Furthermore, all factors, even if applicable in a given
case, are not necessarily of equal weight in MDE’s determination of a reasonable penalty.
MDE FY 2011 Annual Enforcement and Compliance Report
177
APPENDIX F
Environmental Audit Guidance
(Revised 5/15/2006)
he Maryland Department of the Environment (MDE) recognizes the benefit from
regulated entities that routinely evaluate their internal work processes for compliance
with federal and State environmental requirements. Equally as important as
identifying violations is the reporting of such violations to MDE for proper and complete
remediation and abatement. MDE encourages self-auditing and compliance management
as effective environmental management techniques. MDE may use its enforcement
discretion in evaluating penalties for regulated entities that disclose violations of
environmental laws or regulations as provided herein.
T
This guidance is not intended nor should it be construed to be a regulation as defined in
Section 10-101, State Government Article. It sets forth criteria and guidelines for use by
MDE staff in resolution of enforcement cases, and does not confer any legal rights upon
any person.
Definitions
“Department” means the Maryland Department of the Environment.
“Environmental Audit” and “Compliance Management System” have the definitions used in
the Environmental Protection Agency’s “Incentives for Self-Policing: Discovery, Disclosure,
Correction and Prevention of Violations,” Final Policy Statement effective May 11, 2000:
“Environmental Audit” is a systematic, documented, periodic and objective review by
regulated entities of facility operations and practices related to meeting environmental
requirements.
“Compliance Management System” encompasses the regulated entity’s documented
systematic efforts, appropriate to the size and nature of its business, to prevent, detect, and
correct violations through various procedures, policies, mechanisms, and efforts.
“Environmental Requirement” means a requirement in (1) a state or federal law or
regulation enforced by the Department, a rule adopted by the Department, a permit or order
issued by the Department, or (2) an ordinance or other legally binding requirement of a
local government unit under authority granted by state law relating to environmental
protection.
“Regulated Entity” means a corporation, partnership, individual, municipality, governmental
unit, or any other legal entity regulated under federal, state, or local environmental laws or
regulations.
MDE FY 2011 Annual Enforcement and Compliance Report
178
Statement of Guidance
A.
B.
The Department may reduce a civil or administrative penalty for violations of
environmental requirements that are voluntarily disclosed following an environmental
audit or as a result of compliance management if:
1.
The regulated entity discloses the violation to the Department in writing within
21 days after the violation is discovered, or within a shorter time limit, if
required by statute or regulation;
2.
The regulated entity promptly initiates action to correct or eliminate the
violation and all public or environmental harm caused by the violation. If the
violation cannot be fully corrected within 60 days, the regulated entity shall
submit a compliance plan to the Department within 60 days for review. The
regulated entity shall maintain compliance with the plan as approved by the
Department;
3.
The regulated entity provides the Department with a plan that includes steps
to prevent recurrence of the violation; and
4.
The regulated entity fully cooperates with the Department regarding
investigation of the disclosed violation.
The relief outlined in Section A is not available if the Department determines that:
1.
The violation was discovered through a legally mandated monitoring or
sampling requirement prescribed by statute, regulation, permit, judicial or
administrative order, or consent agreement.
The violation must be
discovered voluntarily and not as a result of an environmental requirement;
2.
The Department or a third party discovered the violation prior to disclosure by
the regulated entity to the Department, or the regulated entity made the
disclosure after commencement of a federal, State, or local agency
inspection, investigation, or request for information;
3.
The violation was committed willfully, wantonly, intentionally, knowingly, or
with gross negligence by the regulated entity;
4.
The regulated entity did not promptly initiate or diligently act to correct or
eliminate the violation;
5.
The violation made imminent or caused significant environmental harm or had
a significant effect upon public health;
6.
The same or a related violation has occurred within the past three years or
the violation is part of a pattern of recurrent violations by the regulated entity.
For purposes of this section, violation includes any violation of a federal, State
or local environmental law or regulation identified in a judicial or
MDE FY 2011 Annual Enforcement and Compliance Report
179
administrative order, consent agreement, order or decree, complaint, or
notice of violation, conviction or plea agreement; or
7.
The disclosure is made for a fraudulent purpose.
C. This guidance is not intended for use under circumstances in which the violation(s)
at issue would result in the regulated entity gaining an economic advantage over its
competitors.
D. This guidance does not affect individual liability for criminal misconduct.
E. This guidance does not apply to liability under a judicial or administrative order,
consent agreement, order or decree, complaint, notice of violation, conviction or plea
agreement.
F. Relief under this guidance shall not be available if the Department receives formal
notification from the delegating federal agency of that agency’s intention to propose
rescission of the Department’s authority over the applicable federal environmental
program.
Original signed by Secretary Philbrick
Kendl P. Philbrick
Secretary, Maryland Department of
the Environment
May 15, 2006
Date
MDE FY 2011 Annual Enforcement and Compliance Report
180
APPENDIX G
Supplemental Environmental
Projects
A Supplementary Environmental Project (SEP) is an enforcement tool that augments
traditional penalty actions. They are important because the projects provide direct
environmental benefits to communities beyond those achieved by facilities returning to
compliance. The Air and Radiation Management Administration (ARMA) made use of
SEPs during FY 2011 totaling $175,000. ARMA issued two SEPs during FY 2011. The
Land Management Administration made use of SEPs during FY 2011 totaling $494,000.
The administrations issued six SEPs during FY 2011. Details about each administration’s
SEPs are on the following pages.
Administration
Air and Radiation
Management
Administration
Land
Management
Administration
Water
Management
Administration
TOTALS
Number of SEPs
2010
2011
Total Value of SEPs
2010
2011
0
2
$0
$175,000
7
6
$116,000
$494,000
0
7
0
8
$0
$116,000
$0
$669,000
MDE FY 2011 Annual Enforcement and Compliance Report
181
Air and Radiation Management Administration SEPs, FY 2011
Total SEPs: 2
Total Cost: $175,000
Air and Radiation Management Administration had two SEPs in FY 2011. Both were for air
quality compliance cases. The two SEPs were:
1. BWI Airport: $50,000 for conversion of three buses to clean diesel technology to
reduce particulate emissions.
2. Schmidt Baking Company: $125,000 to control VOC emissions from a process line
that was not required by regulation to be controlled.
MDE FY 2011 Annual Enforcement and Compliance Report
182
Land Management Administration SEPs, FY 2011
Total SEPs: 6
Total Cost: $494,000
All of the Land Management Administration SEPs in FY 2011 were for lead enforcement
cases. Most of these required property owners to replace all windows in rental units
containing lead based paint. A few other properties were required to exceed State
Standards by obtaining a Lead Free Certificate. The following table lists the individual
SEPs:
Program
Property Owner
Units
SEP Value
Lead
09-30-13637
Case #
Thomas Gangl
$20,000
Lead
09-02-13148
Spaw LLC
Lead
09-02-13148
Spaw LLC
Lead
10-30-13937
Dumbarton Investment,
LLC
Lead
10-21-13154
John Rollins
Lead
10-17-13360
Charles Schelts
5 - Units
Requiring
Window
Replacement
41 - Lead
Free Units
5 - Units
Requiring
Window
Replacement
8 - Units
Requiring
Window
Replacement
1 - Unit
Requiring
Window
Replacement
2 - Units
Requiring
Window
Replacement
(amend)
MDE FY 2011 Annual Enforcement and Compliance Report
$410,000
$20,000
$32,000
$4,000
$8,000
183
Water Management Administration SEPs, FY 2011
Total SEPs: 0
Total Cost: $0
WMA did not authorize any SEPs in FY 2011.
MDE FY 2011 Annual Enforcement and Compliance Report
184
APPENDIX H
Citizen Suit Notices and Petitions
Many environmental laws provide an opportunity for citizens to sue regulated entities
directly when they believe the responsible agency has failed to enforce regulatory
requirements. These legal actions are known as “citizen suits.” These laws generally
require the citizen to provide 60 or 90 days’ notice to the parties and regulatory agencies
prior to filing suit.
This provides an opportunity for the parties to evaluate the claims and
possibly settle them before the formal suit is filed. MDE evaluates the claims of each
citizen suit notice it receives and decides on the appropriate course of action. This may
include taking an enforcement action, entering into a consent agreement, taking no action
because it believes there is no violation, taking no action because resources are directed to
higher priority violations, or supporting the citizens’ position.
In addition, federal
environmental laws frequently provide citizens with the right to petition federal agencies to
correct the failure of a state agency to comply with federal regulatory requirements.
The table below provides information on the citizen suits and petitions during FY 2011.
This includes suits that were filed in prior years that MDE believes to still be active. Since
MDE is not a direct party for some of these suits, it is possible that the status has changed
without MDE being aware of it.
Facility Name
Mirant (Chalk
Point Power
Plant)
Mirant (Chalk
Point Power
Plant)
Dundalk Marine
Terminal
Name of Party
Filing 60-Day
Notice or
Petition
The
Environmental
Integrity Project
(EIP)
The
Environmental
Integrity Project
(EIP)
Federal Statute
Brief Summary of Allegations
Clean Air Act
(CAA)
Air quality violations
Baltimoreans
United in
Leadership
Development
(BUILD)
Resource
Conservation
and Recovery
Act (RCRA)
CAA Title V
Delay in issuing a Title V air operating
Operating Permit permit
Complaint against the Maryland Port
Administration and Honeywell for
RCRA violations
MDE FY 2011 Annual Enforcement and Compliance Report
185
Facility Name
Name of Party
Filing 60-Day
Notice or
Petition
Wheelabrator
The
Environmental
Integrity Project
(EIP)
Title V Operating The
Permit Program Environmental
Integrity Project
(EIP)
Federal Statute
Brief Summary of Allegations
CAA
Petition filed with EPA alleging permit
conditions do not fully comply with
CAA; Petition granted in part
Clean Air Act
(CAA)
Petition requesting EPA to withdraw
approval of MDE’s Title V Operating
Permit Program for alleged program
deficiencies
Luke Paper
Company
The
Environmental
Integrity Project
(EIP)
CAA
Petition filed with EPA objecting to
conditions in facility’s Title V operating
permit
Luke Paper
Company
The
Environmental
Integrity Project
(EIP)
Cove Point
June Sevilla
Complaint filed on December 7, 2009
seeking court order requiring EPA to
grant or deny Title V petition
CAA
Petition filed with EPA objecting to
conditions in the Title V operating
permit for Dominion Cove Point Title V
MDE FY 2011 Annual Enforcement and Compliance Report
186
APPENDIX I
Land Restoration Program State Master List
MDE FY 2011 Annual Enforcement and Compliance Report
187
Maryland Department of the Environment
State Master List
July 2011
COUNTY: ALLEGANY
Site Name: CABIN RUN LANDFILL
Address: CABIN RUN RD
FROSTBURG, MD 21532
Aliases: NONE
Status: NFRAP
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
CELANESE FIBERS CO - AMCELLE PLANT
US RT 220 S
CUMBERLAND, MD 21502
NONE
NFRAP
CUMBERLAND GAS LIGHT CO
N MECHANIC ST
CUMBERLAND, MD 21502
NONE
NFRAP
FROSTBURG GAS LIGHT CO
WEST SIDE OF GRANT ST
FROSTBURG, MD 21532
NONE
NFRAP
HOFFMAN LANDFILL
FROSTBURG IND PARK RT 36
FROSTBURG, MD 21532
NONE
NFRAP
KELLY SPRINGFIELD TIRE CO
800 KELLY RD
CUMBERLAND, MD 21502
NONE
NFRAP
KOPPERS CO INC-OLDTOWN
RUBY RD
LAVALE, MD 21502
NONE
NFRAP
LIMESTONE ROAD SITE
LIMESTONE RD OFF RT 51
CUMBERLAND, MD 21502
NONE
MDE FY 2011 Annual Enforcement and Compliance Report
188
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
OLD CUMBERLAND CITY/COUNTY DUMP
LIMESTONE RD
CUMBERLAND, MD 21502
NONE
NFRAP
VALE SUMMIT LANDFILL
RT 36 & 38
FROSTBURG, MD 21532
NONE
NFRAP
COUNTY: ANNE ARUNDEL
Site Name: ALCO-GRAVURE, INC
Address: 7364 BALTIMORE ANNAPOLIS BLVD
GLEN BURNIE, MD 21061
Aliases: NONE
Status: NFRAP
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
B & O RAILROAD LANDFILL
KEMBO RD
FOREMANS CORNER, MD 21226
NONE
BROWNING FERRIS IND SOLLEY RD LANDFILL
7890 SOLLEY RD
GLEN BURNIE, MD 21060
NONE
NFRAP
COX CREEK REFINING
1000 KEMBO RD
FOREMANS CORNER, MD 21226
NONE
NFRAP
DAVID TAYLOR/ANNAPOLIS-LAUNCH
BAY HEAD RD
ANNAPOLIS, MD 21401
NONE
DRUMCO DRUM DUMP
ASPEN ST OFF PENNINGTON AVE
BROOKLYN, MD 21225
NONE
FORT SMALLWOOD-CONTROL
OLD NIKE MISSILE SITE RD
PASADENA, MD 21122
NONE
MDE FY 2011 Annual Enforcement and Compliance Report
189
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
NFRAP
FORT SMALLWOOD-LAUNCH
9034 FORT SMALLWOOD RD
PASADENA, MD 21122
NONE
NFRAP
GENERAL SERVICE ADMIN.-CURTIS BAY DEPOT
710 ORDNANCE RD
BROOKLYN, MD 21226
NONE
NFRAP
GREEN VALLEY ROAD SITE
GREEN VALLEY RD
ARNOLD, MD 21012
NONE
NFRAP
HONEYWELL INC
2ND ST EXT GREENWOOD ACRES
ANNAPOLIS, MD 21404
NONE
NFRAP
JOY BOEHM LANDFILL
137 ST STEPHENS CHURCH RD
CROWNSVILLE, MD 21032
NONE
NFRAP
JOY RECLAMATION CO
6400 ARUNDEL CORP RD
GLEN BURNIE, MD 21060
NONE
NFRAP
NOVA-KOTE INC.
7615 ENERGY PKWY
RIVIERA BEACH, MD 21226
NONE
NFRAP
US COAST GUARD
HAWKINS POINT RD
CURTIS BAY, MD 21226
NONE
US NAVAL STATION
ANNAPOLIS NAVAL COMPLEX
MDE FY 2011 Annual Enforcement and Compliance Report
190
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
ANNAPOLIS, MD 21402
NONE
USA FORT GEORGE MEADE
FORT MEADE
FORT MEADE, MD 20755
NONE
USN COMMISARY STORE PARK LOT AREA SOUTH
KINKAID RD
ANNAPOLIS, MD 21402
NONE
USN NAVAL ACADEMY
PUBLIC WKS DEPT
ANNAPOLIS, MD 21402
NONE
NFRAP
WOODS ROAD SITE
END WOODS RD\BORDER MAGOTHY BR RD
ANNAPOLIS, MD 21122
NONE
NFRAP
COUNTY: BALTIMORE
Site Name: 68TH STREET DUMP
Address: 68TH ST & PULASKI HWY
ROSEDALE, MD 21237
Aliases: NONE
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
AVESTA SHEFFIELD
ROLLING MILL RD
ROSEDALE, MD 21224
NONE
BALTIMORE GALVANIZING COMPANY INC.
7110 QUAD AVE
ROSEDALE, MD 21237
NONE
NFRAP
BAUER FARM
OFF NORTH PT RD & BAUERS FARM
EDGEMERE, MD 21219
NONE
NFRAP
MDE FY 2011 Annual Enforcement and Compliance Report
191
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Address:
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Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
BEACHWOOD DEVELOPMENT
MORSE LN & TODD POINT
EDGEMERE, MD 21219
NONE
NFRAP
BENDIX CORP
1300 JOPPA RD
TOWSON, MD 21204
NONE
NFRAP
BROWNING FERRIS IND - CHEM PROCESSING CNTR
101 NORRIS LN
DUNDALK, MD 21222
NONE
NFRAP
COLGATE PAY DUMP
6700 PULASKI HWY
BALTIMORE, MD 21237
NONE
NFRAP
CUTRONICS
1925 & 1941 GREENSPRING DR
TIMONIUM, MD 21093
NONE
NFRAP
DUNDALK MARINE TERMINAL
2701 BROENING HWY
BALTIMORE, MD 21222
NONE
NFRAP
FORK - CONTROL
END OF HUTSCHENREUTER RD
KINGSVILLE, MD 21057
NONE
NFRAP
FORK - LAUNCH
OFF STOCKDALE RD
KINGSVILLE, MD 21057
NONE
NFRAP
GIBSON HOMANS
1101 HANZLIK AVE
ROSEDALE, MD 21237
NONE
MDE FY 2011 Annual Enforcement and Compliance Report
192
Status:
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Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
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Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
NFRAP
GRANITE - CONTROL
2845 HERNWOOD RD
WOODSTOCK, MD 21163
NONE
GRANITE - LAUNCH
3085 HERNWOOD RD
WOODSTOCK, MD 21163
NONE
GREENSPRING - CONTROL
GREENSPRING AVE
GREENSPRING, MD 21117
NONE
GREENSPRING - LAUNCH (Towson Launch MD-412)
RIDGE RD
GREENSPRING, MD 21117
NONE
INDUSTRIAL ENTERPRISES
7100 QUAD AVE
ROSEDALE, MD 21237
NONE
NFRAP
MARTIN MARIETTA CORP
1601 S. ROLLING RD
RELAY, MD 21227
NONE
NFRAP
MARTIN'S STATE AIRPORT
701 WILSON POINT RD BOX 1
MIDDLE RIVER, MD 21220
NONE
NFRAP
MARTIN'S STATE AIRPORT SITE II (ANG)
EASTERN BLVD AND WILSON POINT RD
MIDDLE RIVER, MD 21220
NONE
O.H. WILLIAMSON
WILLIAMSON LN
COCKEYSVILLE, MD 21030
MDE FY 2011 Annual Enforcement and Compliance Report
193
Aliases:
Status:
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Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
NONE
NFRAP
PARKTON LANDFILL
INTERSCT. I-83 & STABLERS CHURCH
PARKTON, MD 21120
NONE
NFRAP
RM WINSTEAD CO
68TH ST & PULASKI HWY
ROSEDALE, MD 21237
NONE
NFRAP
SAUER DUMP
4225 LYNHURST RD
NORTH POINT, MD 21222
NONE
SECURITY BLVD SITE
1718 K BELMONT AVE
WOODLAWN, MD 21207
NONE
NFRAP
STANSBURY PARK
STANSBURY & HYDRANGEA RDS
DUNDALK, MD 21222
NONE
TOWSON LAUNCH BA-92 (same as MD-213)
RIDGE RD NEAR RT 45
TOWSON, MD 21136
NONE
U S ARMY PHOENIX -LAUNCH
PAPERMILL RD
JACKSONVILLE RD, MD 21131
NONE
U S ARMY PHOENIX-CONTROL
SUNNYBROOK RD
JACKSONVILLE, MD 21131
NONE
MDE FY 2011 Annual Enforcement and Compliance Report
194
Site Name:
Address:
Aliases:
Status:
VULCAN MATERIALS METALS DIV
2415 GRAYS RD
SPARROWS PT, MD 21222
NONE
NFRAP
COUNTY: BALTIMORE CITY
Site Name: 1ST PLANT
Address: GUILFORD & SARATOGA STS
BALTIMORE, MD 21202
Aliases: NONE
Status: NFRAP
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
2ND PLANT
SARATOGA & HOLIDAY STS
BALTIMORE, MD 21202
NONE
NFRAP
ALLIED CHEM CORP- AG PLT
2000 RACE ST \ 200? RACE ST.
BALTIMORE, MD 21230
NONE
NFRAP
ALLIED CHEM CORP BALTIMORE WKS
BLOCK & WILLS ST
BALTIMORE, MD 21231
NONE
NFRAP
AMERICAN CHEMMATE
HOWARD & WEST STS
BALTIMORE, MD 21230
NONE
NFRAP
AMERICAN RECOVERY CORP
1901 BIRCH ST
BALTIMORE, MD 21226
NONE
NFRAP
ANCHOR HOCKING CORP-CARR LOWREY GLASS
2201 KLOMAN ST
BALTIMORE, MD 21230
NONE
NFRAP
BAYARD STATION
BAYARD AND BUSH ST
BALTIMORE, MD 21230
NONE
MDE FY 2011 Annual Enforcement and Compliance Report
195
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
NFRAP
BLOEDE MANUFACTURER PROPERTY
CORNER OF WILKENS & CATON AVE
BALTIMORE, MD 21229
NONE
NFRAP
BOWLEY'S LANE LANDFILL
MORAVIA RD
BALTIMORE, MD 21206
NONE
NFRAP
BROWNING FERRIS IND-QUARANTINE RD
5901 QUARANTINE RD
BALTIMORE, MD 21226
NONE
NFRAP
CANTON STATION
FAIT AND LAKEWOOD STS
BALTIMORE, MD 21224
NONE
NFRAP
CHEMICAL METALS IND
2001\2103 ANNAPOLIS RD
BALTIMORE, MD 21230
NONE
NFRAP
CONOCO CHEMICAL CO-BALTIMORE PLT
3441 FAIRFIELD RD
BALTIMORE, MD 21226
NONE
NFRAP
CONRAIL ORANGEVILLE YARD
6000 E LOMBARD ST
BALTIMORE, MD 21224
NONE
NFRAP
CROWN CENTRAL PETROLEUM CORP
1622 S CLINTON ST
BALTIMORE, MD 21224
NONE
NFRAP
CROWN CENTRAL PETROLEUM CORP
6000 PENNINGTON AVE
BALTIMORE, MD 21226
MDE FY 2011 Annual Enforcement and Compliance Report
196
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
NONE
NFRAP
ESTECH GENERAL CHEM CO
5500 CHEM RD
BALTIMORE, MD 21226
NONE
NFRAP
FMC CORP
1701 E PATAPSCO AVE
BALTIMORE, MD 21226
NONE
NFRAP
HAWKINS PT / MD. PORT ADMIN.
5501 QUARANTINE RD
BALTIMORE, MD 21226
NONE
NFRAP
HIGHLAND TOWN GAS
3913 PULASKI HWY
BALTIMORE, MD 21224
NONE
NFRAP
HUTTON AVENUE LF, EAST AND WEST
4825-4835 WINDSOR MILL RD
BALTIMORE, MD 21207
NONE
NFRAP
KANE & LOMBARD STREET DRUMS
KANE & LOMBARD STS
BALTIMORE, MD 21224
NONE
KOPPERS CO INC - ENGR MET PROD G
1400 BUSH ST
BALTIMORE, MD 21230
NONE
NFRAP
M & T CHEM INC
1900 CHESAPEAKE AVE
BALTIMORE, MD 21226
NONE
NFRAP
MONUMENT ST LANDFILL
MDE FY 2011 Annual Enforcement and Compliance Report
197
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
MONUMENT ST AND EDISON HWY
BALTIMORE, MD 21205
NONE
NFRAP
NIH-NIA GERONTOLOGY RESEARCH CENTER
4040 EASTERN AVE
BALTIMORE, MD 21224
NONE
OLIN CORP-CURTIS BAY
5501 PENNINGTON AVE
BALTIMORE, MD 21226
NONE
NFRAP
PEMCO PRODUCTS
5601 EASTERN AVE
BALTIMORE, MD 21224
NONE
NFRAP
PICORP INC
6508 E LOMBARD ST
BALTIMORE, MD 21224
NONE
NFRAP
REEDBIRD LANDFILL
POTEE ST & ROADBIRD AVE
BALTIMORE, MD 21225
NONE
NFRAP
SAFETY KLEEN CORP
1448-50 DESOTO RD
BALTIMORE, MD 21230
NONE
NFRAP
SCM CORP QUARANTINE RD SITE
5901 QUARANTINE RD
BALTIMORE, MD 21226
NONE
NFRAP
SCOTT STREET STATION
SCOTT & OSTEND STS
BALTIMORE, MD 21230
NONE
NFRAP
MDE FY 2011 Annual Enforcement and Compliance Report
198
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
SEVERN ST STATION
1400 BLOCK SEVERN ST
BALTIMORE, MD 21230
NONE
NFRAP
SHERWIN WILLIAMS
2325 HOLLINS FERRY RD
BALTIMORE, MD 21230
NONE
NFRAP
SPRING GARDENS
FORT & LEADENHALL STS
BALTIMORE, MD 21201
NONE
NFRAP
TEXACO INC
3820 FOURTH AVE
BALTIMORE, MD 21226
NONE
NFRAP
W.R.GRACE & CO.- DAVIDSON CHEM DIV.
5500 CHEMICAL RD
BALTIMORE, MD 21226
NONE
NFRAP
COUNTY: CALVERT
Site Name: USN NAVAL RESEARCH LAB-CHES BAY DETACH
Address: RT 261
RANDLE CLIFF, MD 20732
Aliases: NONE
Status:
Site Name:
Address:
Aliases:
Status:
USN SURFACE WARFARE CNTR-SOLOMON'S ISLAND
DEPT OF THE NAVY
SOLOMON'S ISL, MD 20688
NONE
COUNTY: CARROLL
Site Name: BACHMANS VALLEY LANDFILL
Address: 1920 BACHMANS VALLEY RD
MANCHESTER, MD 21157
Aliases: NONE
Status: NFRAP
Site Name:
Address:
BLACK & DECKER
HANOVER PIKE
MDE FY 2011 Annual Enforcement and Compliance Report
199
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
HAMPSTEAD, MD 21074
NONE
CRANBERRY RUN SUB STATION
OLD MANCHESTER RD
WESTMINSTER, MD 21157
NONE
NFRAP
HODGES LANDFILL
HODGES RD
ELDERSBURG, MD 21784
NONE
NFRAP
LEHIGH PORTLAND CEMENT COMPANY
117 SOUTH MAIN ST
UNION BRIDGE, MD 21791
NONE
NFRAP
MIL SPEC FASTENERS CORP
RT 30 BOX 59A (HANOVER PIK)
HAMPSTEAD, MD 21074
NONE
NFRAP
RAY'S AUTO PARTS E.R.
7571 MIDDLEBERG ROAD
DETOUR, MD
NONE
W. DORSEY PROPERTY
804 E RIDGEVILLE RD
MT. AIRY, MD 21771
NONE
NFRAP
COUNTY: CECIL
Site Name: ANCHOR MARINA ASSESSMENT
Address: 0.5 OFF RT 272 IRIQUOIS DR
NORTH EAST, MD 21901
Aliases: NONE
Status:
Site Name:
Address:
Aliases:
Status:
CHILDS PROPERTY
180 CHILDS RD
CHILDS, MD 21921
NONE
NFRAP
MDE FY 2011 Annual Enforcement and Compliance Report
200
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
DWYER PROPERTY
RTS. 279 & 545 PARCEL 1037 SW
ELKTON, MD 21921
NONE
NFRAP
ELKTON FARM
183 ZEITLER RD
ELKTON, MD 21921
NONE
ELKTON GAS LIGHT CO
WATER ST
ELKTON, MD 21921
NONE
NFRAP
G.E. RAIL
TRINCO INDUSTRIAL PARK
ELKTON, MD 21921
NONE
HOPKINS QUARRY
HOPKINS QUARRY
PORT DEPOSIT, MD 21904
NONE
NFRAP
IP, INC
TRINCO INDUSTRIAL PARK PARCE
ELKTON, MD 21921
NONE
NFRAP
MONTGOMERY BROTHERS
OFF NAZARENE CAMP RD
NORTHEAST, MD 21901
NONE
NATIONAL FIREWORKS
FAIRHILL RD PARCELS 75 & 1075
ELKTON, MD 21921
NONE
NFRAP
ORDNANCE PRODUCTS INC
MECHANICS VALLEY RD
NORTHEAST, MD 21901
NONE
MDE FY 2011 Annual Enforcement and Compliance Report
201
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
RTE 7 CHEM DUMP SITE
OLD PHILADELPHIA RD EAST
ELKTON, MD 21921
NONE
NFRAP
SAND GRAVEL & STONE SITE
PULASKI HWY
ELKTON, MD 21921
NONE
SPECTRON INC
111 PROVIDENCE RD
ELKTON, MD 21921
NONE
THIOKOL CORP ELKTON
500 PULASKI HWY WEST
ELKTON, MD 21921
NONE
NFRAP
TRIUMPH INDUSTRIAL PARK / W.L. GORE
3 BLUE BALL RD P.O. BOX 1130
ELKTON, MD 219211130
NONE
NFRAP
VICON PROPERTY
DOGWOOD RD & SINGERLY RD
ELKTON, MD 21921
NONE
NFRAP
W L GORE- CHERRY HILL
2401 SINGERLY RD
CHILDS, MD 21921
NONE
NFRAP
WHITTAKER TROJAN YACHT
OLDFIELD POINT RD
ELKTON, MD 21921
NONE
NFRAP
WOODLAWN LANDFILL
400 WAIBEL RD
WOODLAWN, MD 21904
MDE FY 2011 Annual Enforcement and Compliance Report
202
Aliases:
Status:
NONE
COUNTY: CHARLES
Site Name: BLOSSOM POINT FIELD TEST AREA
Address: CEDAR POINT NECK
LA PLATA, MD 20646
Aliases: NONE
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
CHARLES COUNTY SANITARY LF
RT 425
PISGAH, MD 20640
NONE
INDIAN HEAD NAVAL SURFACE WARFARE CENTER
RT 210
INDIAN HEAD, MD 20640
NONE
POMONKEY - CONTROL
BUMPY OAK RD
POMONKEY, MD 20646
NONE
NFRAP
POMONKEY - LAUNCH
BUMPY OAK RD
POMONKEY, MD 20646
NONE
US NAVAL RESEARCH LAB - CONTROL
END OF LAUREL BRANCH RD
WALDORF, MD 20601
NONE
WALDORF - CONTROL
COUNTRY LN
WALDORF, MD 20601
NONE
NFRAP
COUNTY: DORCHESTER
Site Name: BEULAH LANDFILL
Address: GALLIGHER FARM RD
BEULAH, MD 21643
Aliases: NONE
Status: NFRAP
MDE FY 2011 Annual Enforcement and Compliance Report
203
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
NELSONS BODY SHOP
RT 16 & CHESAPEAKE DR
CAMBRIDGE, MD 21613
NONE
NFRAP
USN BLOODSWORTH ARCHIPELAGO
N POTOMAC R RUNS CHESPKE BAY
NA, MD 21613
NONE
COUNTY: FREDERICK
Site Name: EASTALCO ALUMINUM CO
Address: 5601 MANOR WOODS RD
FREDERICK, MD 217017999
Aliases: NONE
Status: NFRAP
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
FORT DETRICK AREA B
ROSEMONT AVE
FREDERICK, MD 21702
NONE
FREDERICK TOWN GAS
350 CHURCH ST
FREDERICK, MD 21701
NONE
NFRAP
NCI FREDERICK CANCER RESEARCH
FORT DETRICK
FREDERICK, MD 21702
NONE
USA FORT DETRICK
FORT DETRICK
FREDERICK, MD 21702
NONE
USN NAVAL SUPORT FACILITY
POST OFFICE BOX 1000
THURMONT, MD 21788
NONE
COUNTY: GARRETT
Site Name: OAKLAND JUNKYARD SITE
MDE FY 2011 Annual Enforcement and Compliance Report
204
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
RT 219
OAKLAND, MD 21053
NONE
NFRAP
TEXAS EASTERN-ACCIDENT STATION
FRIENDSVILLE RD
ACCIDENT, MD 21520
NONE
NFRAP
COUNTY: HARFORD
Site Name: ABERDEEN DUMP
Address: MICHAEL LN
ABERDEEN, MD 21005
Aliases: NONE
Status: NFRAP
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
ABERDEEN PROVING GROUND - EDGEWOOD AREA
OFF PULASKI HWY
ABERDEEN P G, MD 21010
NONE
ABERDEEN PROVING GROUND - MICHAELSVILLE LF
OFF PULASKI HWY
ABERDEEN P G, MD 21005
NONE
NFRAP
ABINGDON LANDFILL
3111 OLD PHILADELPHIA RD (RT.7)
ABINGDON, MD 21009
NONE
NFRAP
BRAXTON PROPERTY LANDFILL
BUSH RD
ABINGDON, MD 21009
NONE
NFRAP
BUSH VALLEY LANDFILL
BUSH RD POB 246
ABINGDON, MD 21009
NONE
HAVRE DE GRACE DUMP
QUARRY RD
HAVRE DE GRACE, MD 21078
NONE
NFRAP
MDE FY 2011 Annual Enforcement and Compliance Report
205
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
HAVRE DE GRACE PLANT
200 BLOCK JUNIATA ST
HAVRE DE GRACE, MD 21078
NONE
NFRAP
I.W. JENKINS-MOUNTAIN ROAD PROPERTY
2206 MOUNTAIN RD
JOPPA, MD 21085
NONE
NFRAP
JOHNSON PROPERTY LANDFILL
BUSH RD
ABINGDON, MD 21009
NONE
NFRAP
LONGS SEPTIC
4025 GRAVEL HILL RD
HAVRE DE GRACE, MD 21078
NONE
NFRAP
MILLER CHEMICAL & FERTILIZER CORP
RTS 136 & 165
WHITEFORD, MD 21160
NONE
NFRAP
MULLINS LANDFILL
OLD POST RD RT 132
HAVRE DE GRACE, MD 21078
NONE
NFRAP
SCARBORO LANDFILL
SCARBORO RD
DUBLIN, MD 21154
NONE
UNION ROAD DUMP
1515 UNION RD
ABERDEEN, MD 21001
NONE
COUNTY: HOWARD
Site Name: CEMETARY LN
Address: MAYFIELD & MEADOWBRIDGE
ELKRIDGE, MD 21227
MDE FY 2011 Annual Enforcement and Compliance Report
206
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
NONE
NFRAP
GENERAL ELECTRIC CO
APPLIANCE PARK EAST
COLUMBIA, MD 21046
NONE
LONG LIFE TREATED WOOD INC
DORSEY RACEWAY RD
DORSEY, MD 21227
NONE
NFRAP
MAYFIELD REPAIR FACILITY
7751 MAYFIELD AVE
ELKRIDGE, MD 21227
NONE
NFRAP
MULLINEX FARM
FLORENCE RD & A E MULLINEX RD
LISBON, MD 21797
NONE
NFRAP
W.R. GRACE WASHINGTON RESEARCH CENTER
7379 GUILFORD RD (RT 32)
COLUMBIA, MD 21044
NONE
NFRAP
COUNTY: KENT
Site Name: CHESTERTOWN GAS CO
Address: W HIGH ST
CHESTERTOWN, MD 21620
Aliases: NONE
Status: NFRAP
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
CHESTERTOWN MUN DUMP
FLATLAND RD
CHESTERTOWN, MD 21620
NONE
NFRAP
KENT PIT
CEDAR AVE
CHESTERTOWN, MD 21620
NONE
NFRAP
LAURENCE J NICHOLSON LANDFILL
MDE FY 2011 Annual Enforcement and Compliance Report
207
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
NICHOLSON RD
CHESTERTOWN, MD 21620
NONE
NFRAP
TENNACO INC-CHESTERTOWN PLT
RT 297
CHESTERTOWN, MD 21620
NONE
NFRAP
TOLCHESTER - CONTROL
TOLCHESTER BEACH RD
TOLCHESTER, MD 21661
NONE
NFRAP
TOLCHESTER - LAUNCH
ROCK HALL - TOLCHESTER RD
TOLCHESTER, MD 21661
NONE
COUNTY: MONTGOMERY
Site Name: DAVID TAYLOR RESEARCH CENTER
Address: MACARTHUR BLVD
BETHESDA, MD 20084
Aliases: NONE
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
GAITHERSBURG - CONTROL
8510 SNOUFFERS SCHOOL RD
GAITHERSBURG, MD 20879
NONE
GAITHERSBURG - LAUNCH
OFF SNOUFFERS SCHOOL RD
GAITHERSBURG, MD 20879
NONE
KENNETH SHUMAKER DUMP
BARNESVILLE RD
BARNESVILLE, MD 20872
NONE
NFRAP
LAYTONSVILLE - CONTROL
ZION RD
LAYTONSVILLE, MD 20879
NONE
MDE FY 2011 Annual Enforcement and Compliance Report
208
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
MCCORMICK PAINT WORKS
2355 LEWIS AVE
ROCKVILLE, MD 20851
NONE
NFRAP
NATIONAL INST OF HEALTH
900 ROCKVILLE PIKE
BETHESDA, MD 20014
NONE
NFRAP
NAVAL MEDICAL COMMAND
8901 WISCONSIN AVE
BETHESDA, MD 208145000
NONE
ROCKVILLE - CONTROL
10901 DARNSTOWN RD
GAITHERSBURG, MD 20878
NONE
ROCKVILLE - LAUNCH
MUDDY BRANCH RD
GAITHERSBURG, MD 20878
NONE
SAFETY KLEEN CORP-SILVER SPRING
12164 TECH RD
SILVER SPRING, MD 20904
NONE
NFRAP
USN NAVAL SURFACE WARFARE CTR-WHITE OAK
10901 NEW HAMPSHIRE AVE
SILVER SPRING, MD 209035000
NONE
NFRAP
WALTER REED AMC FOREST GLEN ANNEX
2961 LINDEN LN
SILVER SPRING, MD 20910
NONE
WALTER REED ARMY MEDICAL CENTER
MD RT 193
WHEATON, MD 20902
MDE FY 2011 Annual Enforcement and Compliance Report
209
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
NONE
WEINSCHEL ENGINEERING
1 WEINSCHEL LN
GAITHERSBURG, MD 20878
NONE
NFRAP
COUNTY: PRINCE GEORGE'S
Site Name: ADELPHI LABORATORY CENTER
Address: 2800 POWDER MILL RD
ADELPHI, MD 20783
Aliases: NONE
Status: NFRAP
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
AGGREGATE INDUSTRIES
DOWER HOWSER RD
MELLWOOD, MD 20772
NONE
NFRAP
ANACOSTIA RIVER PARK
S OF BLADENSBURG RD
BLADENSBURG, MD 20722
NONE
NFRAP
BELTSVILLE AGRICULTURAL RESEARCH (USDA)
BUILDINGS 1321 & 204 BARL
BELTSVILLE, MD 20705
NONE
BLADENSBURG ACETYLENE
2900 52ND AVE
HYATTSVILLE, MD 20781
NONE
NFRAP
BRANDYWINE - CONTROL
13400 EDGEMEADE RD
NAYLOR, MD 20613
NONE
NFRAP
BRANDYWINE - LAUNCH
CANDY HILL RD
NAYLOR, MD 20613
NONE
MDE FY 2011 Annual Enforcement and Compliance Report
210
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
BRANDYWINE DRMO SALVAGE YARD
BRANDYWINE RD
ANDREWS, MD 20331
NONE
CELIA LUST
BALTIMORE BLVD & SOUTHARD DR
BELTSVILLE, MD 20705
NONE
NFRAP
CROOM - CONTROL
15100 MT CALVERT RD
UPPER MARLBORO, MD 20772
NONE
GLENDALE PLANT GERMPLASM QUARANTINE FAC
11601 OLD POND DR
GLENN DALE, MD 20769
NONE
KOPPERS CO DUMPSITE LAUREL
RT 1 & CONTEE RD
LAUREL, MD 20707
NONE
NFRAP
KOPPERS CO LAUREL
RIVERSIDE DR
LAUREL, MD 20707
NONE
LAUREL CITY LANDFILL
RT 198 FT MEADE RD
LAUREL, MD 20707
NONE
NFRAP
MID ATLANTIC WOOD FINISHING INC.
4656 ADDISON RD
CAPITOL HEIGHTS, MD 20743
NONE
NFRAP
MINERAL PIGMENTS CORP-BELTSVILLE
7011 MUIRKIRK RD
MUIRKIRK, MD 20705
NONE
NFRAP
MDE FY 2011 Annual Enforcement and Compliance Report
211
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
NASA-GODDARD SPACE FLIGHT CENTER
GREENBELT RD
GREENBELT, MD 20770
NONE
NFRAP
NELSON PERRIE DUMP
15200 NELSON PERRIE RD
BALD EAGLE, MD 20613
NONE
NFRAP
OLD FORT ROAD SITE (A-D-base listed as FIS)
11920 S OLD FORT RD
FORT WASHINGTON, MD 20744
NONE
PAINT BRUSH LF AREA #3
UNIV OF MD COLLEGE PARK CAMP
COLLEGE PARK, MD 20742
NONE
NFRAP
PATUXENT WILDLIFE RESEARCH CENTER
RT 197 AND POWDERMILL RD
LAUREL, MD 20708
NONE
U.S. NAVAL COMMUNICATION UNIT
DANGERFIELD RD AND COMMO RD
CHELTENHAM, MD 20735
NONE
UNITED RIGGING & HAULING
6701 AMMENDALE RD
BELTSVILLE, MD 20705
NONE
USAF ANDREWS AIR FORCE BASE
PERIMETER RD
ANDREWS AFB, MD 20331
NONE
W P BALLARD BUILDING
10722 TUCKER ST
BELTSVILLE, MD 20705
NONE
NFRAP
MDE FY 2011 Annual Enforcement and Compliance Report
212
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
WALDORF - LAUNCH
COUNTRY LANE
BRANDYWINE, MD 20601
NONE
WILLIAM PLEASANTS
ALLENTOWN RD
FRIENDLY, MD 20744
NONE
NFRAP
COUNTY: SOMERSET
Site Name: BEITZEL CABINET & MILLWORK INC.
Address: BROAD ST
PRINCESS ANNE, MD 21853
Aliases: NONE
Status: NFRAP
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
CRISFIELD CITY DUMP
WATER ST
CRISFIELD, MD 21817
NONE
NFRAP
CRISFIELD LIGHT & POWER CO
RT 413
CRISFIELD, MD 21817
NONE
NFRAP
RING LANDFILL
MILLARD RD
WESTOVER, MD 21871
NONE
NFRAP
WESTOVER LANDFILL
ARDEN STATION RD
WESTOVER, MD 21871
NONE
NFRAP
COUNTY: ST MARY'S
Site Name: GENSTAR STONE PRODUCTS
Address: RT 235
HOLLYWOOD, MD 20619
Aliases: NONE
Status: NFRAP
Site Name:
PATUXTENT RIVER NAVAL AIR STATION
MDE FY 2011 Annual Enforcement and Compliance Report
213
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
BUTT RIFLE RANGE LANDFILL
PATUXENT, MD 20670
NONE
SPRINGER SEPTIC SERVICES
8 & CHAPTICO HWY RD
CHAPITCO, MD 20621
NONE
NFRAP
THIOKOL CORP MECHANICSVILLE
RT 235
MECHANICSVILLE, MD 20659
NONE
NFRAP
USN NAVAL ELECTRONICS SYS ENG ACT
VILLA RD OFF RT 5
ST. INIGOES, MD 20684
NONE
NFRAP
COUNTY: TALBOT
Site Name: DOC NAT'L MARINE FISHERIES SERV.
Address: SOUTH MORRIS ST EXT
OXFORD, MD 21654
Aliases: NONE
Status:
COUNTY: WASHINGTON
Site Name: ANGSTROHM PRECISION INC.
Address: 1 PRECISION PLACE
HAGERSTOWN, MD 21742
Aliases: NONE
Status: NFRAP
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
CENTRAL CHEMICAL CORP (SITE)
705 MITCHELL AVE
HAGERSTOWN, MD 21742
NONE
FAIRCHILD REPUBLIC CO PLANT 11
SHOWALTER RD
HAGERSTOWN, MD 21740
NONE
GENUINE PARTS CO - RAYLOCK DIV.
100 RAYLOCK DR
HANCOCK, MD 21750
MDE FY 2011 Annual Enforcement and Compliance Report
214
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
NONE
NFRAP
HAGERSTOWN - AMERICAN LIGHT & HEAT CO
SYCAMORE ST / SPRUCE ST.?
HAGERSTOWN, MD 21740
NONE
HAGERSTOWN LIGHT & HEAT CO
SOUTH LOCUST ST
HAGERSTOWN, MD 21740
NONE
NFRAP
HAGERSTOWN LIGHT & HEAT CO (see MD-194)
WEST WASHINGTON ST
HAGERSTOWN, MD 21740
NONE
NFRAP
HAGERSTOWN-BROADFORDING ROAD
CEARFOSS & BROADFORDING RD
HAGERSTOWN, MD 21740
NONE
NFRAP
KOPPERS CO HAGERSTOWN PLT
100 CLAIR ST
HAGERSTOWN, MD 21740
NONE
NFRAP
NEWELL ENTERPRISES INC.
LESLIE RD
HAGERSTOWN, MD 21740
NONE
NFRAP
W.D. BYRON & SONS INC.
FENTON AVE
WILLIAMSPORT, MD 21795
NONE
NFRAP
COUNTY: WICOMICO
Site Name: ATLANTIC WOOD INDUSTRIES
Address: OLD EDEN RD
FRUITLAND, MD 21826
Aliases: NONE
Status: NFRAP
MDE FY 2011 Annual Enforcement and Compliance Report
215
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
Site Name:
Address:
Aliases:
Status:
CHESAPEAKE SHIPBUILDERS,INC.
710 FITZWATER ST
SALISBURY, MD 21801
NONE
NFRAP
DRESSER INDUSTRIES
124 WEST COLLEGE AVE
SALISBURY, MD 21801
NONE
NFRAP
KOPPERS CO SALISBURY
QUANTICO RD
SALISBURY, MD 21801
NONE
LONG-LIFE TREATED WOOD INC
OLD RAILRD RD
HEBRON, MD 21830
NONE
NFRAP
SALISBURY TOWN GAS
520 COMMERCE ST
SALISBURY, MD 21801
NONE
NFRAP
COUNTY: WORCESTER
Site Name: BERLIN LANDFILL
Address: HONEYSUCKLE RD
BERLIN, MD 21811
Aliases: NONE
Status: NFRAP
Site Name:
Address:
Aliases:
Status:
CHESAPEAKE WOOD TREATING CORP
POCOMOKE
POCOMOKE CITY, MD 21851
NONE
NFRAP
MDE FY 2011 Annual Enforcement and Compliance Report
216
APPENDIX J
Formerly-Investigated Sites List
MDE FY 2011 Annual Enforcement and Compliance Report
217
Maryland Department of the
Formerly Investigated Sites
July 2011
COUNTY: ALLEGANY
Site Name: AETNA LUMBER
Address: MC MULLEN HWY
LOWNDES, MD 21502
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
LAVALE WAREHOUSE FIRE
1210 NATIONAL HWY
LAVALE, MD 21502
NONE
Yes
PRECISE METALS AND PLASTICS, INC
DAY RD
CUMBERLAND, MD 21502
NONE
Yes
WILLISON OIL COMPANY
BALTIMORE PIKE
CRESAPTOWN, MD 21502
NONE
Yes
COUNTY: ANNE ARUNDEL
Site Name: A. S. PEARMON
Address: 1270 HARDY RD
ARNOLD, MD 21012
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
ANNAPOLIS PLT
CALVERT & ST JOHN STS
ANNAPOLIS, MD 21401
NONE
Yes
ANNE ARUNDEL CO LANDFILL
DOVER ST
GLEN BURNIE, MD 21060
NONE
Yes
CHERRY PIT DRUM SITE B
701 PITTMAN ROAD - SITE B
BALTIMORE, MD 21226
NONE
Yes
MDE FY 2011 Annual Enforcement and Compliance Report
218
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
DAVID TAYLOR/ANNAPOLIS-CONTROL
640A BRDNECK RD
ANNAPOLIS, MD 21401
NONE
Yes
DAVIDSONVILLE-CONTROL
QUEEN ANNE BRIDGE RD & WAYSON
DAVIDSONVILLE, MD 21035
NONE
Yes
DAVIDSONVILLE-LAUNCH
3737 ELMER F HAGNER LN
DAVIDSONVILLE, MD 21035
NONE
Yes
DIAMOND SHAMROCK CORP CHEMETALS DIV
711 PITTMAN RD
BALTIMORE, MD 21226
NONE
Yes
EPA CENTRAL REGIONAL LABORATORY
839 BESTGATE RD
ANNAPOLIS, MD 21401
NONE
Yes
FRESH POND
FOREST GLEN DR
JACOBSVILLE, MD 21122
NONE
Yes
KOP-FLEX, INC
101 HARMANS RD
HARMONS, MD 21077
NONE
Yes
MID-ATLANTIC WOOD PRESERVERS
P O BOX 58 SHIPLEY AVE
HARMANS, MD 21077
NONE
Yes
MIDDLETOWN ROAD DUMP SITE
MIDDLETOWN RD
ANNAPOLIS, MD 21401
NONE
Yes
MDE FY 2011 Annual Enforcement and Compliance Report
219
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
NEVAMAR CORP
8339 TELEGRAPH RD
ODENTON, MD 21113
NONE
Yes
PUBLISHERS PRINTING SERVICE INC.
10650 RIGGS HILL RD
JESSUP, MD 20794
NONE
Yes
SNOW HILL LANE SITE
SNOW HILL LN & CEDAR HILL LN
BROOKLYN, MD 21225
NONE
Yes
VECTRA CORP ODENTON
8305 TELEGRAPH RD
ODENTON, MD 21113
NONE
Yes
COUNTY: BALTIMORE
Site Name: BACK RIVER
Address: BEACHWOOD AVE AT PORTER POINT
ESSEX, MD 21221
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
BATAVIA LANDFILL
619 BATAVIA FARM RD
ROSEDALE, MD 21237
NONE
Yes
BAUSCH & LOMB, DIECRAFT
14600 YORK RD
SPARKS, MD 21152
NONE
Yes
BUCKS STEEL DRUM
8234 ROSEBANK AVE
NORTH POINT, MD 21222
NONE
Yes
CIRCUIT CITY
6211 ROSSVILLE BLVD
ESSEX, MD 21237
NONE
Yes
MDE FY 2011 Annual Enforcement and Compliance Report
220
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
FOUR CORNERS ( JACKSONVILLE )
JARRETSVILE PK & SWEET AIR RD
JACKSONVILLE, MD 21131
NONE
Yes
J & L INDUSTRIES INC
6923 EBENEZER RD
CHASE, MD 21220
NONE
Yes
KOPPERS CO- GLEN ARM
GLEN ARM RD
GLEN ARM, MD 21087
NONE
Yes
LEO J. MCCOURT DUMP
MORSE RD
SPARROWS POINT, MD 21219
NONE
Yes
MARYVALE PREPARATORY SCHOOL
11300 FALLS RD
BROOKLANDVILLE, MD 21093
NONE
Yes
METALS & RESIDUES PROCESSING
4400 MILFORD MILL RD
PIKESVILLE, MD 21208
NONE
Yes
METALS & RESIDUES PROCESSING
10107 MARBLE CT
COCKEYSVILLE, MD 21030
NONE
Yes
NATIONAL CIRCUIT INC-TIMONIUM PROPERTY
108 TIMONIUM RD
TIMONIUM, MD 21093
NONE
Yes
NATIONAL CIRCUITS INC-PIKESVILLE PROPERTY
PARK CIR
TOWSON, MD 21286
NONE
Yes
MDE FY 2011 Annual Enforcement and Compliance Report
221
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
REISTERS PROPERTY
JUNCTION MD RTS 30 & 140
REISTERSTOWN, MD 21136
NONE
Yes
RELAY MUD SLIDE
WOODLAND & VIADUCT AVES
RELAY, MD 21227
NONE
Yes
SAFETY KLEEN CORP-CATONSVILLE
1012-1/2 LESLIE AVE
CATONSVILLE, MD 21228
NONE
Yes
SMUCK DUMP
HOLLINS FERRY RD
HALETHORPE, MD 21227
NONE
Yes
SPARROWS POINT PATAPSCO RIVER
PATAPSCO RIVER
BALTIMORE, MD 21226
NONE
Yes
SUN CHEMICAL CORP-GPI DIV
42 GWYNNS MILL CT
OWINGS MILLS, MD 21117
NONE
Yes
THOMPSON STEEL COMPANY INC
NORTH POINT BLVD
SPARROWS POINT, MD 21219
NONE
Yes
COUNTY: BALTIMORE CITY
Site Name: 4TH GAS HOUSE (Same as MD-159)
Address: LANCASTER AND PATAPSCO STS
BALTIMORE, MD 21224
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
AINSWORTH PAINT MFG SITE
3200 BIDDLE ST
BALTIMORE, MD 21231
NONE
Yes
MDE FY 2011 Annual Enforcement and Compliance Report
222
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
AMERICAN NATIONAL CAN CO
BOSTON & HUDSON ST
BALTIMORE, MD 21224
NONE
Yes
AMERICAN SHOT & LEAD CO
FAYETTE, PITT & FRONT STS
BALTIMORE, MD 21202
NONE
Yes
AMOCO OIL CO
3901 ASIATIC AVE
BALTIMORE, MD 21226
NONE
Yes
ARMCO BALTIMORE WKS
3501 E BIDDLE ST
BALTIMORE, MD 21213
NONE
Yes
BALTIMORE IRON & METAL
PIER 11, PATAPSCO RIVER E NEWGATE
BALTIMORE, MD 21224
NONE
Yes
BALTIMORE STEEL DRUM CORP
910 KRESSON ST
BALTIMORE, MD 21224
NONE
Yes
BIOCHEM
3901 ASIATIC AVE
BALTIMORE, MD 21226
NONE
Yes
BIOCHEM MANAGEMENT INC
1917 BENHILL AVE
BALTIMORE, MD 21226
NONE
Yes
BOARMAN, JW CO, INC
2821-23 FOSTER AVE
BALTIMORE, MD 21224
NONE
Yes
MDE FY 2011 Annual Enforcement and Compliance Report
223
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
BRUNING PAINT CO
601 S HAVEN ST
BALTIMORE, MD 21224
NONE
Yes
CAPITAL ASSAY LABS SITE
2901 WHITTINGTON AVE
BALTIMORE, MD 21230
NONE
Yes
CHEVRON USA/ BALTIMORE REFINERY
1955 CHESAPEAKE AVE
BALTIMORE, MD 21226
NONE
Yes
CONOCO INC BALTIMORE TERM
3410 FAIRFIELD RD
BALTIMORE, MD 21226
NONE
Yes
CONTINENTAL CAN CO.- USA PLANT #16
3701 DUNCANWOOD LN
BALTIMORE, MD 21213
NONE
Yes
DYNASURF CHEMICAL CORP
1411 FLEET ST
BALTIMORE, MD 21231
NONE
Yes
EAST FEDERAL STREET SITE
EAST OF 3520 EAST FEDERAL ST
BALTIMORE, MD 21213
NONE
Yes
EXXON CO USA
3801 BOSTON ST
BALTIMORE, MD 21224
NONE
Yes
FORT HOLABIRD CRIME RECORDS CENTER
CORNER OF OAKLAND & DETROIT AVES
BALTIMORE, MD 21222
NONE
Yes
MDE FY 2011 Annual Enforcement and Compliance Report
224
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
G & M TERMINAL
1549 WARWICK AVE
BALTIMORE, MD 21216
NONE
Yes
KEY HIGHWAY SHIPYARD
1101 KEY HWY
BALTIMORE, MD 21230
NONE
Yes
KOPPER CO INC - METAL PRODUCTS DIVISION
200 SCOTT ST
BALTIMORE, MD 21230
NONE
Yes
KOPPERS CO BALTIMORE TREATING PLT LANDFILL
CHILDS ST
BALTIMORE, MD 21226
NONE
Yes
LOCOMOTIVE JUNKYARD
NEAR 6000 CHEMICAL ROAD
BALTIMORE, MD 21226
NONE
Yes
MORGAN STATE UNIVERSITY SITE
COLD SPRING LN & HILLEN RD
BALTIMORE, MD 21239
NONE
Yes
MRI CORPORATION
414 CHESAPEAKE AVE
BALTIMORE, MD 21226
NONE
Yes
M-V SANTA CLARA I
DUNDALK MARINE TERMINAL/SEA
DUNDALK, MD 21222
NONE
Yes
NL INDUSTRIES INC-BALTIMORE METAL PLT
214 W HENRIETTA ST
BALTIMORE, MD 21230
NONE
Yes
MDE FY 2011 Annual Enforcement and Compliance Report
225
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
NL INDUSTRIES INC-WHITE LEAD PLT
204 SPEARS WHARF
BALTIMORE, MD 21202
NONE
Yes
PLATING SITE
1009 W. BALTIMORE ST
BALTIMORE, MD 21223
NONE
Yes
PORT LIBERTY INDUSTRIAL PARK
1800 FRANKFURST AVE
BALTIMORE, MD 21202
NONE
Yes
ROBERT E. LEE PARK/LAKE ROLAND BRIDGE
RAILROAD MARKER 387
MT.WASHINGTON, MD 21212
NONE
Yes
SMITH, F. BOWIE & SON INC
4500 E LOMBARD ST
BALTIMORE, MD 21224
NONE
Yes
SOUTHGATE INDUSTRIAL PARK
2147 WICOMICO ST
BALTIMORE, MD 21230
NONE
Yes
STRIEGAL SUPPLY & EQUIPMENT CO.
6001 CHEMICAL RD
BALTIMORE, MD 21226
NONE
Yes
TANK BARGE #626
PIER ONE / CLINTON ST
BALTIMORE, MD 21224
NONE
Yes
COUNTY: CAROLINE
Site Name: DAVES RELOADING & GUN REPAIR
Address: FLEETWOOD RD
DENTON, MD 21629
Aliases: NONE
Status (FIS): Yes
MDE FY 2011 Annual Enforcement and Compliance Report
226
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
OLD WEST DENTON DUMP
RIVER RD
DENTON, MD 21629
NONE
Yes
RELIANCE WOOD PRESERVING CO
RELIANCE RD
FEDERALSBURG, MD 21632
NONE
Yes
SKIPJACK CHEMICALS, INC.
HARMONY RD
DENTON, MD 21629
NONE
Yes
COUNTY: CARROLL
Site Name: 3M NATIONAL ADVER.-WESTMINSTER
Address: 1030 BALTIMORE BLVD
WESTMINSTER, MD 21157
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
BACHMAN VALLEY LANDFILL-LOCATION II
1920 BACHMAN VALLEY RD
MANCHESTER, MD 21102
NONE
Yes
CATALYST RESEARCH
1125 POOLE RD
WESTMINSTER, MD 21157
NONE
Yes
KATE WAGNER LANDFILL
OLD WESTMINSTER RD & KATE WAGNER
WESTMINSTER, MD 21157
NONE
yes
LANG'S JUNKYARD
RT 30 - BETWEEN 232 & 242
HAMPSTEAD, MD 21074
NONE
Yes
NORTH CARROLL SHOPPING PLAZA
RT 30 & BRODBECK RD
HAMPSTEAD, MD 21074
NONE
MDE FY 2011 Annual Enforcement and Compliance Report
227
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Yes
POWRMATIC INC
INDUSTRIAL PARK DR
FINKSBURG, MD 21048
NONE
Yes
SMALL LAB SITE
7606 PATAPSCO DR
SYKESVILLE, MD 21784
NONE
Yes
WESTMINSTER PLANT
GEORGE ST
WESTMINSTER, MD 21157
NONE
Yes
WOLF HILL
OFF OF RT 30
HAMPSTEAD, MD 21074
NONE
Yes
COUNTY: CECIL
Site Name: BIG ELK CHAPEL ROAD LANDFILL
Address: OFF BIG ELK CHAPEL RD
PROVIDENCE, MD 21921
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
CECIL COUNTY LANDFILL
OLD ELK NECK RD
ELKTON, MD 21901
NONE
Yes
CENTRAL CHEMICAL CO
TRINCO INDUSTRIAL PARK
ELKTON, MD 21921
NONE
yes
CROUSE BROS. EXCAVATING, INC.
PULASKI HWY WEST \ RT 40 & RT 279
ELKTON, MD 21921
NONE
Yes
FIRESTONE PERRYVILLE PLANT
FIRESTONE RD
PERRYVILLE, MD 21903
MDE FY 2011 Annual Enforcement and Compliance Report
228
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
NONE
Yes
HOG HILL LANDFILL
PHILADELPHIA RD
NORTH EAST, MD 21921
NONE
Yes
IRON HILL ROAD DRUM SITE
117 IRON HILL RD
ELKTON, MD 21921
NONE
yes
LOUISA LANE DUMPSITE
LOUISA LN EXTENDED
CHARLESTOWN, MD 21914
NONE
Yes
MALMO FARMS
1435 CAYOTS CORNER RD
CHESAPEAKE CITY, MD 21915
NONE
Yes
NAVAL TRAINING CENTER BAINBRIDGE
BAINBRIDGE RD
BAINBRIDGE, MD 21904
NONE
Yes
OLD ELKTON DUMP
JONES CHAPEL RD
ELKTON, MD 21921
NONE
Yes
PRINCIPIO ROAD
551 PRINCIPIO RD
CRAIGTOWN, MD 21904
NONE
Yes
REEVES SITE
400 MARLEY RD
ELKTON, MD 21921
NONE
Yes
RMR
695 N BRIDGE ST
ELKTON, MD 21921
MDE FY 2011 Annual Enforcement and Compliance Report
229
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
NONE
Yes
STAUFFER CHEM CO
BLUEBELL RD TRINCO IND COM
ELKTON, MD 21921
NONE
Yes
STEMMERS RUN
STEMMERS RUN RD
EARLESVILLE, MD 21919
NONE
Yes
USCG BACK CREEK REAR RANGE STRUCTURE
WELCH POINT
CHESAPEAKE CITY, MD 21921
NONE
Yes
COUNTY: CHARLES
Site Name: DEAD TREES IN A POND SITE
Address: 0.6 MILES PAST CORNER OF GLYM
PISGAH, MD 20640
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
HUGHESVILLE TIRE SITE
GALLANT GREEN RD
HUGHESVILLE, MD 20601
NONE
Yes
US NAVAL RESEARCH LAB - LAUNCH
BERRY RD
WALDORF, MD 20601
NONE
Yes
COUNTY: DORCHESTER
Site Name: CAMBRIDGE CY DISP PLT WWTP
Address: 1010 ROSELIN AVE
CAMBRIDGE, MD 21613
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
CAMBRIDGE SITE
311 TRENTON
CAMBRIDGE, MD 21613
NONE
Yes
CAMBRIDGE TOWN GAS
MDE FY 2011 Annual Enforcement and Compliance Report
230
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
403 CHERRY ST
CAMBRIDGE, MD 21613
NONE
Yes
CONTINENTAL CAN CO-USA PLANT 24
RAILRD AVE
HURLOCK, MD 21643
NONE
Yes
EASTERN MD WOOD TREATING CO
CLARKS CANNING HOUSE RD
FEDERALSBURG, MD 21632
NONE
Yes
WESTERN PUBLISHING CO
WOODS RD
CAMBRIDGE, MD 21613
NONE
Yes
COUNTY: FREDERICK
Site Name: ABRAMSON PROPERTY
Address: 9925 PINE TREE RD
WOODSBORO, MD 21798
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
FREDERICK TOOL AND DIE CO INC
579 E.CHURCH ST
FREDERICK, MD 21701
NONE
Yes
TRANS TECH / ADAMSTOWN SITE
ADAMSTOWN RD
ADAMSTOWN, MD 21710
NONE
Yes
COUNTY: GARRETT
Site Name: BAUSCH & LOMB INC - OAKLAND PLANT
Address: RT 135
OAKLAND, MD 21550
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
HARBISON WALKER REFRACTORIES-NEW SAVAGE
RT 495
GRANTSVILLE, MD 21536
NONE
Yes
MDE FY 2011 Annual Enforcement and Compliance Report
231
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
UMBELL PROPERTY
RT 42
FRIENDSVILLE, MD 21531
NONE
Yes
WOOD PRODUCTS
8TH ST EXT
OAKLAND, MD 21550
NONE
Yes
COUNTY: HARFORD
Site Name: BATA SHOE (LATEX LAGOON)
Address: BELCAMP RD
BELCAMP, MD 21017
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
BATA SHOE (MAIN PLANT AND LANDFILL)
PULASKI HWY
BELCAMP, MD 21017
NONE
Yes
MOORE PROPERTY LANDFILL
BUSH RD
ABINGTON, MD 21009
NONE
Yes
MOUNTAIN ROAD EMERGENCY RESPONSE
MOUNTAIN RD & I-95
JOPPA-MAGNOLIA, MD 21040
NONE
Yes
COUNTY: HOWARD
Site Name: CHESAPEAKE FINISHED METALS INC
Address: 6754 SANTA BARBARA CT
BALTIMORE, MD 21227
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
HOWARD COUNTY LANDFILL
4361 NEWCUT RD
ELLICOTT CITY, MD 21043
NONE
Yes
JOHNS HOPKINS APPLIED PHYSICS LAB
JOHNS HOPKINS RD
COLUMBIA, MD 207076099
NONE
MDE FY 2011 Annual Enforcement and Compliance Report
232
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Yes
OLGA NELSON ENTERPRISES
7269 WASHINGTON BLVD
DORSEY, MD 21227
NONE
Yes
SCOVITCH PROPERTY
9530 N WASHINGTON BLVD
LAUREL, MD 21227
NONE
Yes
TATE ACCESS FLOORS INC
7510 MONTERIDEO RD
JESSUP, MD 20794
NONE
Yes
WESTVACO CORPORATION
11101 JOHNS HOPKINS RD
LAUREL, MD 20707
NONE
Yes
COUNTY: KENT
Site Name: DUTCH FAMILY DELI OIL SPILL
Address: INTERSECTION RTS 301 & 291
MILLINGTON, MD 21651
Aliases: NONE
Status (FIS): Yes
COUNTY: MONTGOMERY
Site Name: LAYTONSVILLE - LAUNCH
Address: 5321 RIGGS RD
LAYTONSVILLE, MD 20879
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
MARYLAND WOOD PRESERVING CORP
235 DERWOOD CIR
ROCKVILLE, MD 20850
NONE
Yes
MICRODYNE CORP
627 LOFERRAND LN
ROCKVILLE, MD 20850
NONE
Yes
NAT'L INSTITUTE OF STANDARD TECHNOLOGY
INTERSTATE 270 & QUINCE ORCHAR
GAITHERSBURG, MD 20899
MDE FY 2011 Annual Enforcement and Compliance Report
233
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
NONE
Yes
NORTH POTOMAC PCP
13801 TURKEY FOOT ROAD
NORTH POTOMAC, MD 20878
NONE
Yes
PROTO CIRCUITS
14674 D SOUTLAWN LN
ROCKVILLE, MD 20850
NONE
Yes
SILVER SPRINGS CUSTOM FURNITURE
8943 BROOKVILLE RD
SILVER SPRING, MD 20910
NONE
Yes
VECTROL INC
1010 WESTMORE AVE
ROCKVILLE, MD 20850
NONE
Yes
WATKINS JOHNSON COMPANY
700 QUINCE ORCHARD RD
GATHERSBERG, MD 20760
NONE
Yes
COUNTY: PRINCE GEORGE'S
Site Name: BEAVERDAM CREEK PCB
Address: 0.5 OFF KENNILWORTH AVE
CHEVERLY, MD 20743
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
BOWIE-BELAIR LANDFILL
RT 3 & RT 450
BOWIE, MD 20715
NONE
Yes
CAPITOL WIRE & FENCE
3334 KENILWORTH AVE
HYATTSVILLE, MD 20781
NONE
Yes
CHELTENHAM BATTERY
10800 FRANK TIPPETT RD
MDE FY 2011 Annual Enforcement and Compliance Report
234
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
CHELTENHAM, MD 20623
NONE
Yes
CITY OF GREENBELT
555 CRESCENT RD
GREENBELT, MD 20770
NONE
Yes
CLARK, J L MFG CO STONE INDUST
51ST AVE AND CREE LNE
COLLEGE PARK, MD 20740
NONE
Yes
COLUMBIA PARK DRUM SITE
GEORGE PALMER HWY & COLUMB
COLUMBIA PARK, MD 20785
NONE
Yes
CONTEE SAND & GRAVEL
OFF VIRGINIA MANOR RD
BELTSVILLE, MD 20705
NONE
Yes
CROOM - LAUNCH
8520 DUVALL RD
UPPER MARLBORO, MD 20772
NONE
Yes
CROOM MILITARY HOUSING
15512 MOUNT CALVERT RD
UPPER MARLBORO, MD 20772
NONE
Yes
EAGLE HARBOR TIRE FIRE
EAGLE HARBOR RD
EAGLE HARBOR, MD 20608
NONE
Yes
EVANS TRAIL DUMP SITE
EVANS TRAIL
CALVERTON, MD 20705
NONE
Yes
HYATTSVILLE GAS & ELECTRIC
5022 RHODE ISLAND AVE
MDE FY 2011 Annual Enforcement and Compliance Report
235
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
EDMONSTON, MD 20781
NONE
Yes
LONDON HILLS DEVELOPMENT
END OF HIGHVIEW PLACE
CAPITOL HEIGHTS, MD 20743
NONE
Yes
PISCATAWAY WWTP
RT 210 & FARMINGTON RD BOX 327
ACCOKEEK, MD 20607
NONE
Yes
ROGERS ELECTRIC
5720 COLUMBIA PARK
CHEVERLY, MD 20785
NONE
Yes
WINDSOR MANOR RD
WINDSOR MANOR RD
BRANDYWINE, MD 20613
NONE
Yes
COUNTY: QUEEN ANNE'S
Site Name: TOM DODD SPORTING CLAYS SITE
Address: 620 TOM DODD FARM LN
QUEENSTOWN, MD 21658
Aliases: NONE
Status (FIS): Yes
COUNTY: SOMERSET
Site Name: SHERWIN WILLIAMS RUBBERSET DIV
Address: RT 413
CRISFIELD, MD 21817
Aliases: NONE
Status (FIS): Yes
COUNTY: ST MARY'S
Site Name: CALIFORNIA DRUM SITE
Address: ST ANDREWS CHURCH RD
CALIFORNIA, MD 20619
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
SOUTHERN MARYLAND WOOD TREATING
STATE RT 235
HOLLYWOOD, MD 20636
NONE
Yes
MDE FY 2011 Annual Enforcement and Compliance Report
236
Site Name:
Address:
Aliases:
Status (FIS):
ST. MARY'S SALVAGE
ST MARY'S INDUSTRIAL PARK
ST MARY'S, MD 20686
NONE
Yes
COUNTY: TALBOT
Site Name: EASTON GAS & LIGHT CO
Address: 1 S WEST ST
EASTON, MD 21601
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
EASTON UTILITIES COMM MUNI ELE
219 NORTH WASHINGTON S
EASTON, MD 21601
NONE
Yes
EASTON UTILITIES COMM POWER PL
AIRPORT INDUSTRIAL PARK
EASTON, MD 21601
NONE
Yes
NOBLE MOTOR REBUILDERS
N. AURORA ST
EASTON, MD 21601
NONE
Yes
COUNTY: WASHINGTON
Site Name: CENTRAL CHEMICAL (OFFICE)
Address: 49 N JONATHAN ST
HAGERSTOWN, MD 21740
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
CERTAIN TEED METALS
INTRASTATE INDUSTRIAL PARK
WILLIAMSPORT, MD 21795
NONE
Yes
CHEVRON CHEMICAL CO - WILLIAMSPORT
ARTISAN AVE
WILLIAMSPORT, MD 21795
NONE
Yes
CHEWSVILLE CO-OP
MAIN ST
CHEWSVILLE, MD 21721
NONE
MDE FY 2011 Annual Enforcement and Compliance Report
237
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Yes
DANZER METAL WORKS CO
2000 YORK RD
HAGERSTOWN, MD 21740
NONE
Yes
FRANKLIN SPICKLER PROPERTY SITE
GREENCASTLE PIKE
MAUGANSVILLE, MD 21740
NONE
Yes
RUST-O- LEUM CORPORATION
INTERSTATE INDUSTRIAL PAR
WILLIAMSPORT, MD 21795
NONE
Yes
SUN CHEMICAL CORP GPI DIV
INDUSTRIAL LN
WILLIAMSPORT, MD 21795
NONE
Yes
WEST MANUFACTURING COMPANY
910 ELDRIDGE DR
HAGERSTOWN, MD 21740
NONE
Yes
COUNTY: WICOMICO
Site Name: ADAMS CO AND SON INC
Address: NORTHWOOD DR & ARLINGTON RD
SALISBURY, MD 21801
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
BLACKWATER SOLID WASTE TRANSFER STATION
WALLER RD
SALISBURY, MD 21801
NONE
Yes
CHEVRON CHEM CO - SALISBURY
125 BATEMAN RD
SALISBURY, MD 21801
NONE
Yes
GRIGCO WASTE OIL RECYCLING INC
WATER ST
SHARPTOWN, MD 21861
MDE FY 2011 Annual Enforcement and Compliance Report
238
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
Site Name:
Address:
Aliases:
Status (FIS):
NONE
Yes
RIVER HARBOR DEVELOPMENT
RIVER HARBOR DR EXTENDED
SALISBURY, MD 21801
NONE
Yes
SALISBURY MARKETING INC
N SALISBURY BLVD & BRIDGEVIEW
SALISBURY, MD 21801
NONE
Yes
COUNTY: WORCESTER
Site Name: BISHOP PROCESSING CO
Address: OLD STAGE RD
BISHOP, MD 21813
Aliases: NONE
Status (FIS): Yes
Site Name:
Address:
Aliases:
Status (FIS):
WEST OCEAN CITY LANDFILL
LEWIS RD
OCEAN CITY, MD 21811
NONE
Yes
MDE FY 2011 Annual Enforcement and Compliance Report
239
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