The Administration is responsible for the inspection and enforcement of all land disturbing activities, including those sites requiring an erosion and sediment control plan as specified by this chapter. This enforcement authority may be delegated to Garrett County through a request by the county or required as a condition of a National Pollutant Discharge Elimination System (NDPES) municipal separate storm sewer system permit. This section applies to the Administration, or, Garrett County, if delegated enforcement authority.
(A) Inspection frequency and reports.
(1) The owner/developer shall maintain a copy of the approved erosion and sediment control plan on site.
(2) Every active site having a designed erosion and sediment control plan should be inspected for compliance with the plan on average once every 2 weeks.
(3) A written report shall be prepared by the inspection agency after every inspection. The report shall describe:
(a) The date and location of the site inspection;
(b) Whether the approved plan has been properly implemented and maintained;
(c) Practice deficiencies or erosion and sediment control plan deficiencies;
(d) If a violation exist, the type of enforcement action taken; and
(e) If applicable, a description of any modifications to the plan.
(4) The inspection agency shall notify the on-site personnel or the owner/developer in writing when violations are observed, describing:
(a) The nature of the violation;
(b) The required corrective action; and
(c) The time period in which to have the violation corrected.
(B) Right of entry. It shall be a condition of every grading permit that the inspection agency has the right to enter property periodically to inspect for compliance with the approved plan and this chapter.
(C) Complaints. The Administration shall accept and investigate complaints regarding erosion and sediment control concerns from any interested parties and:
(1) Conduct an initial investigation within 3 working days from receipt of the complaint;
(2) Notify the complainant of the initial investigation and findings within 7 days from receipt of the complaint; and
(3) Take appropriate action when violations are discovered during the course of the complaint investigation.
(1986 Code, §§ 257-6, 257-9) (Ord. —, passed 1-25-1972; Am. Ord. —, passed 12-4-1972; Am. Ord. —, passed 2-5-2013)