BALTIMORE – The Maryland Department of the Environment recently announced major enforcement actions against businesses and schools in southern Maryland in recent months for alleged water pollution violations of State and federal environmental laws.
Huntingtown High School – Calvert County: On October 16, 2013, MDE issued a Consent Order to the Calvert County Board of Education to resolve alleged discharge permit violations at the Huntingtown High School wastewater treatment plant. The alleged violations occurred between January 2008 and July 2012. The Consent Order requires upgrades to the wastewater treatment plant to ensure compliance with discharge permit limits and assesses a penalty of $20,000.
Calvert County Day School, Inc. (The Calverton School) – Huntingtown, Calvert County: On January 9, 2014, the Calvert County Day School, Inc. (The Calverton School) paid $10,000 to the Clean Water Fund to settle alleged violations. The approved erosion and sediment control plan was not implemented and maintained on site at the Calvert County Day School (The Calverton School) athletic field.
DB Aster, LLC – Largo, Prince Georges County: On January 13, 2014, MDE and DB Aster, LLC executed a Settlement Agreement and Penalty to resolve alleged sediment and erosion control and water pollution violations that occurred during a construction project at Landover Road and 75th Avenue. The settlement agreement requires payment of $7,000 to the Clean Water Fund. Follow-up inspections by MDE confirmed that the alleged violations have been corrected.
Joseph Smith & Sons, Inc. – Capitol Heights, Prince Georges County: On January 16, 2014, Joseph Smith & Sons, Inc. (JSS) paid $12,600 to the Clean Water Fund to settle alleged violations of the General Permit for Stormwater Discharges Associated with Industrial Activity at the JSS scrap processing facility. The alleged violations have been corrected.
Birdlawn, LLC and Dirt Plus, Inc. – Fort Washington, Prince Georges County: On January 27, 2014, MDE, Birdlawn LLC and Dirt Plus, Inc, executed a Settlement Agreement and Penalty to resolve alleged sediment and erosion control and water pollution violations that occurred during a construction project on Nancy Lane. The settlement agreement requires payment of $30,000 to the Clean Water Fund. Follow-up inspections by MDE confirmed that the alleged violations have been corrected.
Charlotte Hall Investment Properties, Mark Vogel Companies, Inc. and Mark R. Vogel – Charlotte Hall, Charles County: On January 27, 2014, MDE, Charlotte Hall Investment Properties, Mark Vogel Companies, Inc. and Mark R. Vogel executed a Settlement Agreement and Penalty to resolve alleged sediment control, sediment pollution and water pollution violations that occurred during construction activity on Three Notch Road. The settlement agreement requires payment of $20,000 to the Clean Water Fund. Corrections have been completed.
State law prohibits the discharge of any pollutant into waters of the State, unless such discharge is in compliance with the terms, conditions, and requirements of a discharge permit. A person must hold a discharge permit issued by MDE before the person may construct, install, modify, extend, alter or operate any facility or disposal system or any other outlet or establishment if its operation could cause or increase the discharge of pollutants into waters of the State.
It is unlawful for any person to introduce soil or sediment into waters of the State or to place soil or sediment in a condition or location where it is likely to be washed into waters of the State. State law requires that, prior to performing construction activity, a person obtain and implement a Soil Conservation District-approved erosion and sediment control plan that must be maintained for the life of the project for any proposed land clearing or earth disturbance greater than 5,000 square feet.
Earth disturbances that exceed one acre are required to obtain a National Pollutant Discharge Elimination System Permit for Stormwater Discharges Associated with Construction Activity from MDE. The NPDES Permit requires that an approved erosion and sediment control plan be obtained and implemented, that self-monitoring inspections occur, and that a log of such inspections be maintained.
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.