ANNUAL ENFORCEMENT & COMPLIANCE REPORT

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ANNUAL ENFORCEMENT& COMPLIANCE REPORTFiscal Year 2018Larry HoganGovernorBoyd K. RutherfordLieutenant GovernorBen GrumblesSecretaryHoracio TabladaDeputy Secretary

TABLE OF CONTENTSSection One – REPORT BASIS AND SUMMARY INFORMATION3Statutory Authority and ScopeOrganization of the ReportMDE Executive SummaryMDE Performance Measures – Executive SummaryEnforcement WorkforceSection 1-301(d) Penalty SummaryMDE Performance Measures Historical Annual Summary FY 1998 – 2004MDE Performance Measures Historical Annual Summary FY 2005 – 2011MDE Performance Measures Historical Annual Summary FY 2012 – 2018MDE Enforcement Actions Historical Annual Summary FY 1998 – 2018MDE Penalties Historical Annual Summary Chart FY 1998 - 2018MDE’s Enforcement and Compliance Process and Services to Permitteesand BusinessesThe Enforcement and Compliance ProcessEnforcement Process Flow ChartSupplemental Environmental Projects (SEPs)Contacts or Consultations with BusinessesCompliance AssistanceConsultations with Businesses4456678910111112Section Two - ADMINISTRATION DETAILS17Measuring Enforcement and CompliancePerformance Measures Table Overview and DefinitionsEnforcement and Compliance Performance Measures Table Format181923Air and Radiation Administration (ARA)25ARA Executive SummaryARA Performance MeasuresAmbient Air Quality ControlAir Quality ComplaintsAsbestosRadiation MachinesRadioactive Materials Licensing and ComplianceLand and Materials Administration (LMA)LMA Executive SummaryLMA Performance MeasuresLand RestorationHazardous WasteLead Poisoning PreventionOil Control - Aboveground FacilitiesOil Control - Pollution Remediation ActivitiesOil Control - Underground Storage Tank SystemsMDE FY 2018 Annual Enforcement and Compliance 1

Refuse DisposalScrap TiresSewage Sludge UtilizationAnimal Feeding OperationsNatural Wood Waste RecyclingMining – CoalMining – Non-CoalOil and Gas Exploration and ProductionElectronics RecyclingWater and Science Administration (WSA)WSA Executive SummaryWSA Performance MeasuresDischarges – Groundwater (Municipal and Industrial)Discharges – Surface Water (Municipal and Industrial) State/NPDESDischarges – Pretreatment (Industrial)Stormwater Management and Erosion and Sediment Control forConstruction ActivityWater Supply ProgramWaterway Construction – Dam SafetyWetlands and Waterways – Non-Tidal and FloodplainWetlands – 150154158Office of Budget and Infrastructure FinancingWater Supply and Sewerage Construction163164Office of the Attorney General Environmental Crimes Unit (ECU)ECU Executive Summary and Performance Measures169170Section Three – APPENDICES177Appendix A:Appendix B:Appendix C:Appendix D:Appendix E:Appendix F:Appendix G:178183184185188193206Organizational ChartsList of Enforcement Areas Included in This ReportMDE Penalty PolicyEnvironmental Audit GuidanceSupplemental Environmental ProjectsBrownfield Master Inventory List – Active SitesBrownfield Master Inventory List – Archive SitesMDE FY 2018 Annual Enforcement and Compliance Report2

SECTION ONEREPORT BASIS AND SUMMARYINFORMATIONMDE FY 2018 Annual Enforcement and Compliance Report3

ANNUAL ENFORCEMENT ANDCOMPLIANCE REPORTFISCAL YEAR 2018Statutory Authority and ScopeEnvironment Article §1-301(d), Annotated Code of Maryland, requires the MarylandDepartment of the Environment (MDE) to report annual performance results for specificregulatory programs and the penalty dollars collected and deposited into several funds. Thisreport is intended to fulfill that statutory requirement. In addition to the required information,this report also includes MDE’s other enforcement programs, additional information abouteach program, and additional data about the activities and facilities that are subject toregulation under the Environment Article.Organization of the ReportSection One includes an overall, Department-wide summary of the FY 2018 results. A tableon pages eight through ten compares the historical annual Department-wide performancemeasures from FY 1998 – 2018. Two graphs on page 11 also illustrate trends forenforcement actions and penalties obtained for these years.Section Two presents program-specific information concerning enforcement and complianceactivities for the reported programs. Related materials appear as appendices in SectionThree.Inclusion of any facility on the report cover is not an indication of its compliance status nordoes it indicate that the facility is referenced in the report.MDE FY 2018 Annual Enforcement and Compliance Report4

EXECUTIVE SUMMARYThe Maryland Department of the Environment’s (MDE’s) 22nd Enforcement and ComplianceReport, for Fiscal Year 2018 (July 2017-June 2018) reports data from MDE’s enforcementand compliance programs and from the Environmental Crimes Unit of the Office of theAttorney General. This document has been prepared in accordance with the requirementsof §1-301(d) of the Environment Article, Annotated Code of Maryland.During FY 2018, MDE provided regulatory oversight for 160,244 regulated entities, with67,278 permits in effect in 32 different enforcement areas. The number of permits in effectincreased by 4%. The number of other regulated facilities decreased by 1%.MDE inspected 68,264 sites, which is a 3.3% decrease from FY 2017, and performed almost182,000 inspections, audits, and spot checks, which is a 4% increase from FY 2017. Much ofthis decrease is in the audits performed by the Water Supply Program monitoring of drinkingwater systems. The program implemented a new software system at the end of FY 2016 thatprovides for the tracking and auditing of several additional data items. Even with the declinethis year, the program’s audit numbers are well above the totals in FY2016.There was an increase of 4% in the number of enforcement actions this year. Most of theincrease was due to actions related to technical violations in the Water Supply Program. Thelargest number of enforcement actions continue to be related to lead poisoning prevention asa result of a continuing enforcement initiative for property owners who failed to renew rentalregistrations for the lead rental. This initiative assists with the Department’s ongoing effortsto reduce and eradicate childhood lead poisoning.MDE secured 29 million in penalties from Volkswagen AG and its affiliates, Audi AG andPorsche AG to settle a lawsuit involving the auto manufacturers’ use of “defeat devices” thatallowed certain diesel vehicles to meet emissions standards in a laboratory or a testingstation, while emitting nitrogen oxide at up to 40 times federal standards under normal drivingconditions. Per the Budget Reconciliation and Financing Act of 2018 (SB 187/HB 161), MDEreallocated 22 million of this penalty to the General Fund.This year, penalties collected from environmental violators other than Volkswagen totaled 3,051,614. This is a 6% decrease from last year’s total of 3,233,531. Large changes inpenalties collected often reflect the presence or absence of large settlements during the year.Collection of penalties sometimes takes place in a fiscal year after the violation is resolved.Large settlements can take longer to negotiate and collect than smaller amounts.MDE has continued to prioritize compliance activities based on risks to public health and theenvironment. Overall, the outcomes from MDE’s compliance and enforcement efforts havecontinued to result in cleaner water, cleaner air, and less exposure to hazardous materials forMaryland residents.MDE FY 2018 Annual Enforcement and Compliance Report5

MDE PERFORMANCE MEASURESEXECUTIVE SUMMARY2017 Totals2018 Totals8,56864,7668,64367,278OTHER REGULATED SITES/FACILITIESTotal Sites162,068160,244INSPECTIONSNumber of Sites InspectedNumber of Sites Audited But Not InspectedNumber of Inspections, Audits, Spot ENT ACTIONSNumber of Compliance Assistance RenderedNumber of Enforcement Actions Taken16,8118,24914,8298,590 3,233,531 32,051,6143( 1,019,000)5( 6,101,000)PERMITTED SITES/FACILITIESNumber of Permits/Licenses IssuedNumber of Permits/Licenses in Effect at Fiscal Year EndPENALTIESAmount of Administrative or Civil Penalties Obtained*Supplemental Environmental Projects* This reflects the amount collected in the fiscal year, not the penalties assessed. Collection of penalties sometimes takes place in a fiscalyear after the violation is resolved. Large settlements can take longer to negotiate and collect than smaller amounts.ENFORCEMENT Y 2017 3,968,505 5,813,401 3,713,509 13,495,415FY 2018 3,443,745 5,392,381 3,995,748 12,831,874WorkforceInspectors**FTE Vacancies***FY 2017 FY 2018 FY 2017 FY 59.71167.711.1916.8* “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 anyadministrative, management, or clerical staff associated with enforcement and compliance programs. This table represents total budgetedpositions, 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 2018 Annual Enforcement and Compliance Report6

SECTION 1-301(d) PENALTYSUMMARYTOTAL AMOUNT OF MONEY DEPOSITEDAS A RESULT OF ENFORCEMENTACTIONS AS REQUIRED BY SECTION1-301(d)*Clean Air Fund (includes Air Quality andAsbestos)Clean Water Fund (includes Water andLand administrations)Hazardous Substance Control FundNontidal Wetland Compensation FundOil Disaster Containment Clean Up andContingency FundRecovered from Responsible Parties(under §7-221)**Sewage Sludge Utilization Fund(This fund is now included in the CleanWater Fund)FY 2017FY 2018 136,800 29,096,000 1,694,380 1,160,408 48,067 0 77,250 0 70,198 162,687 124,205 180,796 0 0* Includes only those funds required to be reported by the Environment Article, Section 1-301(d). Otherpenalties are reported by individual programs that total a higher amount since they are deposited into funds notrequired to be reported by 1-301(d). The Department’s total is 32,051,614.** The number reported is strictly the total amount of money, as a result of enforcement, recovered by theDepartment from responsible parties in accordance with §7-221 of the Environment Article as called for in thestatute.Please note this table reflects penalties collected during the fiscal year, not penalties assessed.MDE FY 2018 Annual Enforcement and Compliance Report7

MDE PERFORMANCE MEASURES ANNUAL SUMMARYFY 1998 - 2004MDE Performance Measure1998199920002001200220032004PERMITTED SITES/FACILITIESNumber of Permits/LicensesIssuedNumber of Permits/Licenses inEffect at Fiscal Year 2457,25362,67962,88269,83175,729OTHER REGULATEDSITES/FACILITIESOther ,5412,3111,856INSPECTIONS *Number of Sites InspectedNumber of Inspections, Audits,Spot ChecksENFORCEMENT ACTIONSNumber of ComplianceAssistance Actions RenderedNumber of Enforcement ActionsTakenPENALTIESAmount of Penalties Obtained( )**1,145,731 1,206,629 2,093,526 1,334,499 1,523,890 2,321,5631,781,526* 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, includingon-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 isalways 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 tablereflects the amount of revenue obtained (“collected”) in the fiscal year as a result of all enforcement actionsregardless of the fund into which they are deposited.MDE FY 2018 Annual Enforcement and Compliance Report8

MDE PERFORMANCE MEASURES ANNUAL SUMMARYFY 2005 - 2011MDE Performance MeasurePERMITTED SITES/FACILITIESNumber of Permits/Licenses IssuedNumber of Permits/Licenses in Effectat Fiscal Year EndOTHER REGULATEDSITES/FACILITIESOther SitesINSPECTIONS *Number of Sites InspectedNumber of Inspections, Audits, SpotChecksENFORCEMENT ACTIONSNumber of Compliance AssistanceActions RenderedNumber of Enforcement ActionsTakenPENALTIESAmount of Penalties Obtained ( ,1411,631,054 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, includingon-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 isalways 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 tablereflects the amount of revenue obtained (“collected”) in the fiscal year as a result of all enforcement actionsregardless of the fund into which they are deposited.MDE FY 2018 Annual Enforcement and Compliance Report9

MDE PERFORMANCE MEASURES ANNUAL SUMMARYFY 2012 - 2018MDE Performance Measure2012201320142015201620172018PERMITTED SITES/FACILITIESNumber of Permits/Licenses IssuedNumber of Permits/Licenses in Effectat Fiscal Year 778,58869,08867,43864,76667,278OTHER REGULATEDSITES/FACILITIESOther 1517,67614,8298,2498,590INSPECTIONS *Number of Sites InspectedNumber of Inspections, Audits, SpotChecksENFORCEMENT ACTIONSNumber of Compliance AssistanceActions RenderedNumber of Enforcement ActionsTakenPENALTIESAmount of Penalties Obtained ( )**3,622,330 5,878,392 3,620,272 3,681,138 3,731,060*** 3,233,531 32,051,614* 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, includingon-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 isalways 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 tablereflects the amount of revenue obtained (“collected”) in the fiscal year as a result of all enforcement actionsregardless of the fund into which they are deposited.*** FY 2016 updated from previous report to account for refunds that were not taken out of the total.MDE FY 2018 Annual Enforcement and Compliance Report10

MDE Enforcement Actions Taken1998-201814,82915,00012,0009,000LeadRest of 421,5411,3951998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018MDE Penalty Amounts ( ) Collected1998-2018 35 32.1 30Millions of dollars 25Diesel Emissions SettlementDepartment 20 15 10 5 0 6.5 2.8 2.2 2.3 1.8 1.6 1.1 1.2 2.1 1.3 1.5 4.0 5.1 5.9 3.5 3.6 3.7 3.6 3.7 3.21998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018MDE FY 2018 Annual Enforcement and Compliance Report11

MDE’SENFORCEMENT AND COMPLIANCEPROCESS and SERVICES TOPERMITTEES AND BUSINESSESThe Enforcement and Compliance ProcessThe enforcement and compliance processes used by MDE’s air, water, and landadministrations are authorized in different parts of the Environment Article and wereestablished separately over a period of years. As a result, similar terminology may havetechnically different meanings for different programs. Despite technical differences, mostenforcement 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 Staterequirements. In addition, the same individual, company, or facility may fall under thejurisdiction of several different environmental enforcement programs at the federal, state orlocal level.If a minor violation such as a record-keeping or reporting error is discovered, a program mayuse discretion to allow the violator to correct the problem without imposing a penalty. In suchcases, compliance assistance may be the first step in a process to achieve compliance withsuch requirements. Compliance assistance is a process that turns to enforcement action ifviolations are uncorrected or environmental harm is threatened (more detail on page 15). Ifan inspection reveals a significant violation, or if minor violations continue to recur andbecome a significant problem, then more enhanced actions are warranted. Such action maytake the form of penalties, corrective orders, the filing of injunctions, and in some cases,criminal sanctions.MDE FY 2018 Annual Enforcement and Compliance Report12

MDE FY 2018 Annual Enforcement and Compliance Report13

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 whoare subject to penalty actions. Under certain limited circumstances, the value of the SEP isallowed by MDE to offset a portion of the penalty.The U.S. Environmental Protection Agency encourages the use of SEPs for severalreasons. First, SEPs add value to enforcement settlements because SEP dollars are spentdirectly on environmental projects. Second, SEPs require violators to go above and beyondtechnical compliance with minimum legal standards and thereby reach a higher level ofenvironmental stewardship. Finally, and probably most importantly, SEPs are intended toachieve improvements to the environment that could not be accomplished with traditionalpenalties. Traditional penalties serve to punish current violations and deter future violations.SEPs accomplish those traditional purposes and provide a form of community service thatimproves the environment where the violation occurred.MDE entered into five SEPs during FY 2018 with a total value of 6,101,000. These SEPswere all in the Land and Materials Administration. The SEPs involved the replacement oflead-contaminated windows.AdministrationAir and Radiation AdministrationLand and Materia

MDE Performance Measures Historical Annual Summary FY 2005 – 2011 9 MDE Performance Measures Historical Annual Summary FY 2012 – 2018 10 . Per the Budget Reconciliation and Financing Act of 2018 (SB 187/HB 161), MDE reallocated 22 million of this penalty to the General Fund. This year, penalties collected from environmental violators .

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