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§ 154.06 PERFORMANCE BOND.
   When deemed necessary by the Permits and Inspections Office, the owner/developer shall furnish a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the Permits and Inspections Office. The bond amount should be equal to at least the cost of the installation, maintenance, and removal of the erosion and sediment controls shown on the approved plan.
(Ord. —, passed 2-5-2013)
§ 154.07 INSPECTION.
   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)
§ 154.98 ENFORCEMENT.
   (A)   The Administration shall, through the authority of this chapter and COMAR 26.17.01 use enforcement action when erosion and sediment control violations occur.
   (B)   Enforcement actions may include, but are not limited to:
      (1)   Issuance of a corrective action order;
      (2)   Issuance of a stop work order, the extent of which is determined by the inspection agency;
      (3)   Issuance of a penalty or fine as allowed; and
      (4)   Referral for legal action.
   (C)   The Permits and Inspections Office may deny the issuance of any permits to an applicant when it determines that the applicant is not in compliance with the provision of the grading permits or approved erosion and sediment control plan.
   (D)   The Administration shall stop work on a site where land disturbance is occurring without an approved erosion and sediment control plan. Measures shall be required to be implemented to prevent off-site sedimentation.
(1986 Code, § 257-6) (Ord. —, passed 1-25-1972; Am. Ord. 12-4-1972; Am. Ord. —, passed 2-5-2013)
§ 154.99 PENALTY.
   (A)   Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both for each violation with costs imposed in the discretion of the court. Each day upon which the violation occurs constitutes a separate offense.
   (B)   Any agency whose approval is required under this chapter or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this chapter.
   (C)   In addition to any other sanction under this chapter, a person who fails to install or to maintain erosion and sediment controls in accordance with an approved plan shall be liable to Garrett County or the state in a civil action, for damages in an amount equal to double the cost of installing or maintaining the controls.
   (D)   Any governing authority that recovers damages in accordance with this section shall deposit them in a special fund, to be used solely for:
      (1)   Correcting to the extent possible the failure to implement or maintain erosion and sediment controls; and
      (2)   Administration of the sediment control program.
(1986 Code, § 257-8) (Ord. —, passed 1-25-1972; Am. Ord. —, passed 12-4-1972; Am. Ord. —, passed 2-5-2013)