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§ 52.42 FORM OF SECURITY.
   The form of the performance security shall be subject to approval by the County Attorney and may consist of 1 or a combination of the following in sufficient amount to meet the total set pursuant to § 52.41:
   (A)   A performance bond executed by the applicant and a corporate surety or guaranty company with authority to do business in this state as a surety;
   (B)   A cash deposit;
   (C)   A certified check, cashier’s check or irrevocable letter of credit from an accredited financial institution, as herein defined.
(1986 Code, § 253-18) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.43 PROCEDURE FOR DEPOSIT.
   The performance security shall be submitted to the Department, which shall issue a receipt for the same. The security shall be lodged for safekeeping with the County Treasurer, except that the Department may, at the request of the applicant, enter any cash security in a time deposit account at an accredited financial institution subject to the condition that the applicant may from time to time withdraw the accrued interest but may not withdraw any portion of the principal amount without the written authorization of the Department following the final inspection and approval pursuant to § 52.60(B).
(1986 Code, § 253-19) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.44 PARTIAL RELEASE.
   The permit may provide, subject to approval by the County Attorney as to legal form, for partial release of the performance security upon satisfactory completion of specified phases of the site work as delineated, described and scheduled in the permit. In such case, the Department shall perform an inspection and may make an interim written certification approving partial completion.
(1986 Code, § 253-20) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.45 RELEASE UPON COMPLETION.
   Cash deposits shall be returned and surety bonds shall be confirmed and other forms of security shall appropriately be released upon the satisfactory completion of all on-site work specified in the permit.
   (A)   The permittee shall submit written notice to the Department certifying that all work has been completed in accordance with the permit.
   (B)   The Department shall promptly inspect the site and, as appropriate, either shall give written concurrence in the satisfactory completion or shall advise the permittee of additional actions that must be taken to obtain concurrence. The Department shall reinspect the site before issuing the concurrence and may inspect the property afterwards.
   (C)   At a date on or about 2 years from the date of concurrence, the Department shall perform a final inspection on the site to determine that the conditions are still satisfactory before authorizing release of the performance security. If warranted by the circumstances, the Department may give written notice to the permittee documenting its reasons for withholding the release for an additional specified period.
(1986 Code, § 253-21) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.46 FORFEITURE.
   (A)   In addition to cancellation of a permit as provided in § 52.60, the Department may at that or subsequent time order the forfeiture of the cash or check deposit or, in the case of a bond or letter of credit, may order payment in full to Garrett County, Maryland.
   (B)   All money thus received shall be used by the county for defraying the cost of contracting, including engineering and administration, for the restoration of the site to meet the minimum requirements of this regulation with particular emphasis on stabilization, safety, drainage, seepage and erosion control. If the foregoing costs exceed the amount of the total performance security, the excess shall constitute a lien on the property, and the permittee shall continue to be firmly bound under a continuing obligation for payment of any and all excess costs and expenses of any nature incurred by the county. All unused portions of moneys forfeited shall be returned to the permittee.
   (C)   No person, including any owner or beneficial owner of 10% or more of a corporation, partnership or association, shall be eligible to receive any subsequent permit after having forfeited or suffered forfeit of a performance security under this regulation.
(1986 Code, § 253-22) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
ENFORCEMENT AND APPEALS
§ 52.60 INSPECTIONS AND ORDERS.
   (A)   The Department shall inspect every site under permit, and the permittee shall allow access onto the site by the Department. An information copy of every inspection report shall be submitted to the County Board of Health. The Department shall have the authority, consistent with state law, to enter upon property to make inspection.
   (B)   The permittee shall notify the Department upon completion of the last of the work specified in the permit, and the Department shall promptly make a final inspection and prepare a written inspection report.
   (C)   The Department may require, as a condition of the permit, that it be notified upon the beginning or the completion, or both, of any specific stage of the permitted activities so that inspection may be made before further activity proceeds.
   (D)   If inspection discloses that any part of the work has not been performed in accordance with the permit, the permittee shall be given a written notice to comply, specifying the nature of the corrections required and the time within which the corrections must be completed.
   (E)   Failure of the permittee to comply with the written notice shall be grounds for the Department to suspend the permit and to order that all activities cease except those necessary for correcting the violation.
   (F)   If, after suspension of a permit, the violation has not been corrected within the time specified in the Department’
   (G)   Where, in the judgment of the Department, the violation is of sufficient severity, the Department may order that the permittee immediately cease and desist from all activities on the site with the exception of activities authorized by the Department for the purpose of returning the permittee to compliance with the permit.
   (H)   The Department may request and the County Attorney shall provide assistance in the enforcement of this regulation.
   (I)   Surcharge requirements:
      (1)   The continued validity of a permit shall be subject to the payment of the surcharge requirements as follows:
         (a)   One dollar per ton of sludge disposed of on a dry-weight basis;
         (b)   Ten cents per ton (total weight) of sludge hauled each mile on a Garrett County maintained road.
      (2)   These fees shall be payable to the Garrett County Treasurer at the end of each 3-month period beginning from the date that the permit is issued. These fees shall be used to defray the costs of administration, monitoring and road maintenance incurred by the county.
(1986 Code, § 253-23) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
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