Dept. of Environment Enforcement Actions in So. Md.


BALTIMORE (August 19, 2010)—The Maryland Department of the Environment recently announced several major enforcement actions for alleged violations of MDE requirements for water, land, air and radiation management in the southern Maryland region.

“The Maryland Department of the Environment's top priority is to protect public health and our environment, and a consistent baseline of enforcement actions prevents further pollution and risks to public health,” said MDE Secretary Shari T. Wilson in a prepared statement. “The vast majority of Maryland businesses that are in compliance deserve to have environmental laws fairly applied across the board.”

MAX CONSTRUCTION COMPANY – CHARLES COUNTY: On April 19, 2010, Max Construction Company paid $30,000 to the Sediment Fund to resolve alleged sediment control and sediment pollution violations at the construction site of the La Plata McDonald’s owned by McDonald’s USA, LLC.

PCS HOMES AND JONES OF ANNAPOLIS – CALVERT COUNTY: On May 7, 2010, MDE issued a Site Complaint and Stop Work Order to PCS Homes and Jones of Annapolis for allegedly conducting earth moving activities without the required sediment and erosion control measures as required by the site's approved sediment and erosion control plan and for allegedly operating on an expired plan. The Site Complaint and Stop Work order requires all earth moving activity to cease at the site until all sediment and erosion control measures have been installed as required.

MICHAEL TOMKINS – CHARLES COUNTY: On April 12, 2010, MDE executed a Settlement Agreement and Consent Order to resolve alleged sediment pollution, sediment control, and waterway construction violations that occurred south of Bensville Road in Waldorf, Charles County. Michael Tompkins has agreed to pay $15,000 to the Sediment Fund and is required to obtain the proper permits and approvals and perform the necessary restoration in accordance with the approved plans.

STEEPLECHASE DEVELOPMENT COMPANY LLC – CHARLES COUNTY: On February 25, 2010, MDE executed a Settlement Agreement with Steeplechase Development Co. LLC requiring payment of $8,100 to the Sediment Fund to resolve the alleged failure to install appropriate sediment and erosion control measures at a construction site on Catalpa Drive in La Plata.

ARC OF SOUTHERN MARYLAND – CALVERT COUNTY: On May 14, 2010, Arc of Southern Maryland paid $2,600 to the Sediment Fund to resolve alleged violations including sediment controls that were not implemented and maintained for at least four days at the site, resulting in sediment being placed in a position likely to pollute waters of the State. Corrective actions have been completed.

JEFFREY AND LINDA BAKER – CALVERT COUNTY: On June 7, 2010, Jeffrey and Linda Baker paid $1,000 to the Tidal Wetlands Compensation Fund for the alleged violations of constructing a pier extension landward from the “L” head platform and constructing a platform in the first 50 percent of the pier and adjacent to the bulkhead without an approved tidal wetlands license in accordance with the Tidal Wetlands Act in Lusby. Corrective actions have been taken to address the alleged violations.

BUMPY OAK CORPORATION – ST. MARY’S COUNTY: On June 23, 2010, Bumpy Oak Corporation paid $6,600 to the Sediment Control Fund to resolve alleged sediment control violations at the Forest Knolls Two Subdivision in Mechanicsville. Corrective actions have been taken to address the alleged violations.

M. E. MOHLER COMPANY – CHARLES COUNTY: On July 13, 2010, MDE issued a Site Complaint and Stop Work Order to M.E. Mohler Company for the failure to implement and maintain an approved Erosion and Sediment Control Plan at the St. Mary’s Villas residential development site in LaPlata. The Site Complaint and Stop Work Order requires the company to cease and desist all work at the site and to immediately implement and maintain an approved Erosion and Sediment Control Plan.

CHURCHILL DEVELOPMENT CORPORATION-PALMER WASHINGTON OVERLOOK – FORT WASHINGTON, PRINCE GEORGE’S COUNTY: On July 19, 2010, MDE issued an Administrative Complaint and Penalty against Churchill Development Corporation seeking a penalty of $120,000 for alleged sediment control and pollution violations at the Palmer Washington Overlook construction site. The alleged violations consisted of sediment pollution to a tributary of Henson Creek and failing to properly maintain erosion and sediment control devices, resulting in the discharge of sediment to waters of the State.

JAMES M. DUGAN AND JENNIFER RIZZO – CHARLES COUNTY: On June 22, 2010, the Department filed a Complaint for Injunctive Relief and Civil Penalty in the Circuit Court for Charles County against James Dugan and Jennifer Rizzo, owners of the Marshall Hall Mobile Home Park at 6454 Oreta Lane in Charles County. The Complaint alleges unlawful discharges of sewage from the park’s subsurface wastewater disposal system to waters of the State. The action seeks an injunction requiring defendants to cease unlawful discharges, to repair the failed system, and to establish regular pumping of sewage from the system as well as civil penalties of up to $10,000 per day for each day of unlawful discharges but not less than $100,000 total.

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