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Annual Enforcement & Compliance Report Maryland Department of MDE the Environment ANNUAL ENFORCEMENT & COMPLIANCE REPORT FISCAL YEAR 2015 Larry Hogan Boyd Rutherford Ben Grumbles Governor Lieutenant Governor Secretary TABLE OF CONTENTS Section One – REPORT BASIS AND SUMMARY INFORMATION 3 Statutory Authority and Scope 4 Organization of the Report 4 MDE Executive Summary 5 MDE Performance Measures – Executive Summary 6 Enforcement Workforce 6 Section 1-301(d) Penalty Summary 7 MDE Performance Measures Historical Annual Summary FY 1998 – 2003 8 MDE Performance Measures Historical Annual Summary FY 2004 – 2009 9 MDE Performance Measures Historical Annual Summary FY 2010 – 2015 10 MDE Enforcement Actions Historical Annual Summary FY 1998 – 2015 11 MDE Penalties Historical Annual Summary Chart FY 1998 - 2015 11 MDE’s Enforcement and Compliance Process and Services to Permittees 12 and Businesses The Enforcement and Compliance Process 12 Enforcement Process Flow Chart 13 Supplemental Environmental Projects (SEPs) 14 Contacts or Consultations with Businesses 15 Compliance Assistance 15 Consultations with Businesses 15 Section Two - ADMINISTRATION DETAILS 17 Measuring Enforcement and Compliance 18 Performance Measures Table Overview and Definitions 19 Enforcement and Compliance Performance Measures Table Format 23 Air and Radiation Management Administration (ARMA) 25 ARMA Executive Summary 26 ARMA Performance Measures 27 Ambient Air Quality Control 28 Air Quality Complaints 34 Asbestos 38 Radiation Machines 42 Radioactive Materials Licensing and Compliance 48 Land Management Administration (LMA) 55 LMA Executive Summary 56 LMA Performance Measures 57 Land Restoration 58 Hazardous Waste 60 Lead Poisoning Prevention 64 Oil Control - Aboveground Facilities 68 Oil Control - Pollution Remediation Activities 72 Oil Control - Underground Storage Tank Systems 76 MDE FY 2015 Annual Enforcement and Compliance Report 1 Refuse Disposal 80 Scrap Tires 84 Sewage Sludge Utilization 88 Animal Feeding Operations 92 Natural Wood Waste Recycling 96 Mining – Coal 100 Mining – Non-Coal 104 Oil and Gas Exploration and Production 108 Mercury Switch Recovery 112 Electronics Recycling 116 Water Management Administration (WMA) 121 WMA Executive Summary 122 WMA Performance Measures 124 Discharges – Groundwater (Municipal and Industrial) 125 Discharges – Surface Water (Municipal and Industrial) State/NPDES 128 Discharges – Pretreatment (Industrial) 132 Stormwater Management and Erosion and Sediment Control for 1 36 Construction Activity Water Supply Program 140 Waterway Construction – Dam Safety 154 Wetlands and Waterways – Non-Tidal and Floodplain 158 Wetlands – Tidal 162 Office of Budget and Infrastructure Financing 167 Water Supply and Sewerage Construction 168 Office of the Attorney General Environmental Crimes Unit (ECU) 173 ECU Executive Summary and Performance Measures 174 Section Three – APPENDICES 181 Appendix A: Organizational Charts 182 Appendix B: List of Enforcement Areas Included in This Report 187 Appendix C: Environment Article Section 1-301(d) 188 Appendix D: MDE Penalty Policy 190 Appendix E: Environmental Audit Guidance 191 Appendix F: Supplemental Environmental Projects 194 Appendix G: Brownfield Master Inventory List – Active Sites 199 Appendix H: Brownfield Master Inventory List – Archive Sites 217 MDE FY 2015 Annual Enforcement and Compliance Report 2 SECTION ONE REPORT BASIS AND SUMMARY INFORMATION MDE FY 2015 Annual Enforcement and Compliance Report 3 ANNUAL ENFORCEMENT AND COMPLIANCE REPORT FISCAL YEAR 2015 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 program, 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 2015 results. A table on pages eight through ten compares the historical annual Department-wide performance measures from FY 1998 – 2015. Two graphs on page 11 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. Inclusion of any facility on the cover is not an indication of its compliance status nor does it indicate that the facility is referenced in the report. MDE FY 2015 Annual Enforcement and Compliance Report 4 EXECUTIVE SUMMARY The Maryland Department of the Environment’s (MDE’s) nineteenth Enforcement and Compliance Report, for Fiscal Year 2015 (July 2014-June 2015), 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. During FY 2015, MDE provided regulatory oversight for 169,094 regulated entities, with 69,088 permits in effect in 33 different enforcement areas. The number of permits in effect declined by 9,500, largely due to efforts to remove completed projects from the General Permit for Stormwater Associated with Construction Activities. The number of other regulated facilities increased by almost 9,000, largely due to the expansion of the rental property registration requirements in the Lead Poisoning Prevention Program to properties built prior to 1978. MDE inspected more than 104,000 sites, which is 146% more sites in FY 2015 than in FY 2014, and performed over 183,000 inspections, audits, and spot checks, which is a 45% increase from FY 2014. Almost all of this increase is due to changes in the number of third- party inspections in the Lead Poisoning Prevention Program due to the expansion of the rental property registration requirements to properties built prior to 1978. There was a large increase in the number of enforcement actions this year due to an enforcement initiative for property owners who failed to renew rental registrations for the lead rental registry. This initiative, pursued to support the Department’s ongoing efforts to further reduce childhood lead poisoning as well as to respond to a legislative audit finding, resulted in more than 5,000 enforcement actions in FY 2015, which is greater than the total number of enforcement actions from the rest of the Department. This year, penalties collected from environmental violators totaled $3,681,138. This is a slight increase from last year’s total of $3,620,272. Large changes in penalties collected often reflect the presence or absence of large settlements during the year. Resource constraints continue to limit the Department’s enforcement capabilities. MDE has responded to this ongoing situation by prioritizing enforcement activities based on risks to public health and the environment. These constraints have also affected the legal resources available to MDE. The Office of the Attorney General continues to experience an enforcement backlog despite concerted efforts at backlog reduction through expedited case processing and modifications in MDE’s enforcement approach. As of September 2015, 84 cases remained on in the OAG backlog, down from 101 cases the previous year. Please refer to MDE’s website (http://www.mde.maryland.gov) for the latest information on enforcement actions and other compliance activities. MDE FY 2015 Annual Enforcement and Compliance Report 5 MDE PERFORMANCE MEASURES EXECUTIVE SUMMARY 2014 Totals 2015 Totals PERMITTED SITES/FACILITIES Number of Permits/Licenses Issued 8,708 10,332 Number of Permits/Licenses in Effect at Fiscal Year End 78,588 69,088 OTHER REGULATED SITES/FACILITIES Total Sites 160,332 169,094 INSPECTIONS Number of Sites Inspected 42,414 104,454 Number of Sites Audited But Not Inspected 7,911 8,465 Number of Inspections, Audits, Spot Checks 126,337 183,192 ENFORCEMENT ACTIONS Number of Compliance Assistance Rendered 20,536 16,762 Number of Enforcement Actions Taken 2,151 7,676 PENALTIES Amount of Administrative or Civil Penalties Obtained $3,620,272 $3,681,138 Supplemental Environmental Projects 12 8 ($1,163,250) ($3,594,000) ENFORCEMENT WORKFORCE Workforce Compensation* Inspectors** FTE Vacancies*** FY 2014 FY 2015 FY 2014 FY 2015 FY 2014 FY 2015 Air/Radiation $3,152,109 $3,475,266 40.0 41.0 1.0 2.42 Land $4,389,830 $5,076,486 69.0 73.0 10.6 9.8 Water $3,564,637 $3,603,557 44.0 42.6 5.85 8.9 Total $11,106,576 $12,155,309 153.0 156.6 17.45 21.12 * “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 table 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 2015 Annual Enforcement and Compliance
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