Two So. Md. Entities Enter Agreements with MDE Over Water Pollution Allegations

BALTIMORE (April 01, 2010) – The Maryland Department of the Environment Wednesday announced 28 recent major enforcement actions seeking penalties totaling $637,040 for alleged violations of MDE requirements for water, air and radiation management, and land. Two of the actions were against entities in southern Maryland related to water pollution.

JAVIT ERSOY – CALVERT COUNTY: On February 26, MDE executed a Settlement Agreement with Javit Ersoy. Ersoy allegedly exceeded the permitted dimensions of a boathouse, which has been brought into the compliant dimensions. The Agreement includes a penalty of $2,940 to the Tidal Wetlands Compensation Fund.

State laws require that property owners notify MDE before conducting any work in tidal and nontidal wetlands, their buffers, and waterways of the State. MDE assesses the impact of any work on tidal and nontidal wetlands and, if appropriate, will issue a permit authorizing the work. The regulations governing wetlands were developed to protect the State’s natural resources that depend on those wetlands and minimize impacts while allowing property owners reasonable use of their property.

MARRICK PROPERTIES – SAINT MARY’S COUNTY: On January 25, MDE executed a settlement agreement for alleged violations of the general permit for stormwater discharges associated with construction activity, failure to implement and maintain the erosion and sediment controls of the Soil Conservation District-approved erosion and sediment control plan, and introducing soil or sediment into waters of the state. Marrick Properties paid a penalty of $45,000 to the Maryland Sediment Fund and $5,000 to the Maryland Clean Water Fund.

State law requires that any activity involving earth disturbance over one acre requires a general permit for stormwater discharges associated with construction activity. This permit requires the implementation of an approved erosion and sediment control plan prior to performing earth grading operations as well as self-monitoring inspections of the erosion and sediment controls.

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