PURNELL A. SHORTALL v. STATE OF MARYLAND
Court of Special Appeals, Meredith, April 26, 2018,
Environmental Discharge – A crime prohibiting an act of improper disposal is complete when the person has improperly disposed of the sewage. To charge multiple counts for each day, there must be multiple actions taken by the Defendant.
Facts:
In 2012, inspectors from the Maryland Department of the Environment were inspecting Shortall’s business in Cordova, MD. During the inspection, they noticed a PVC pipe coming out of a building on the property and extending toward the nearby woods. At the end of this pipe, they observed human feces and toilet paper.
Shortall admitted to placing the line there and was told to stop using the pipe and that he would have to cap the line.
A sign was then placed on the bathroom telling employees not to use it. No effort was made to clean up the sewage, but future inspections did not note further discharges.
Shortall was charged with multiple violations of Discharge regulations related to failing to follow COMAR regulations on sewage.
Shortall was convicted of all counts.
Shortall later filed a post-conviction, arguing that his attorney should have objected to the jury instruction allowing a new conviction for each “day on which a violation is still present.”
Held: The Court of Special Appeals agreed that Shortall’s attorney was constitutionally ineffective for failing to object. Case sent back for re-sentencing.
Sewage Disposal – A person may not dispose of sewage, body, or industrial wastes in any manner which may cause pollution of the ground surface, the waters of the State, or create a nuisance.
Sewage Disposal – A person may only dispose of sewage, body, or industrial wastes in accordance with an approved on-site sewage disposal permit or other method of disposal approved by the Approving Authority.
Sewage Disposal – Section 9-343 of the Environment Article makes it a misdemeanor to violate the COMAR regulations regarding sewage disposal
Sewage Disposal – Separate Violations – Each day on which a violation occurs is a separate violation
Sewage Disposal – Separate Violations – For a violation to “occur,” the defendant has to actually take a specific action. Failing to clean up a prior discharge is not enough to charge the defendant with a new crime.
Sewage Disposal – Separate Violations – A crime prohibiting an act of improper disposal is complete when the person has improperly disposed of the sewage