(a) (1) The Director must, before issuing a permit, require a corporate bond or an irrevocable letter of credit from a financial institution, or a cash bond, a certificate of guarantee, or other instrument, in a form satisfactory to the Director and approved by the County Attorney. That instrument must be conditioned on the faithful performance of the conditions in the permit, and any soil erosion and sediment control measure specified in the permit, within the time specified by the Director or any extension granted by the Director. In this Article, a certificate of guarantee is an instrument issued by an organization or entity that is approved by the Director and meets the capitalization and other reasonable criteria established by regulation, including:
(A) the demonstrated expertise of the issuing organization or its members in erosion and sediment control;
(B) the estimated square footage of the land included in the land-disturbing activity to be performed by the permittee;
(C) the estimated square footage of the area of all land-disturbing activities guaranteed by the issuing organization or entity; and
(D) the incidence of violation of, or otherwise failing to comply with, this Chapter by all members of the issuing organization or entity.
(2) A certificate of guarantee must only be issued by an approved organization or entity on behalf of members in good standing of that organization or entity. Any question as to the eligibility of a permittee to post a certificate of guarantee must be resolved by the Director in the Director’s sole discretion.
(3) The amount of the bond, irrevocable letter of credit, certificate of guarantee or other instrument required by this section is $300, plus 2 cents per square foot of the area included in the land-disturbing activity, plus an amount set by the Director to secure the costs of improvements required in approved plans, which must not exceed a total of $10,000.
(4) The instruments required under this Section may be combined with the instruments required under section 19-32 pertaining to a storm water management facility, so that one instrument may be used to satisfy both requirements.
(5) The Director may grant a partial or complete waiver of the bond, letter of credit, certificate of guarantee, or other instrument, upon application, if the Director finds minimal impairment of existing surface drainage, minimal erosion hazard, and minimal sedimentation hazard on any adjacent land or watercourse, and no hazard to human life or property.
(6) A corporate bond or letter of credit must be executed and maintained by a financial institution, surety, or guaranty company qualified to do business in this state and must be conditioned on the faithful performance of the conditions and soil erosion and sediment control measures specified in the permit. A cash bond must be deposited with the Director of Finance, who must give a receipt for it, reciting that the cash has been deposited in compliance with and subject to this Section.
(7) The bond, letter of credit, certificate of guarantee, or other instrument obligates the permittee, the permittee's executors, administrators, successors and assigns, jointly and severally with the surety or issuing organization or entity, and inures to the benefit of the County and to any person aggrieved by the permittee's failure to comply with the conditions of the permit. The permittee and the issuing organization or surety must, under the bond, letter of credit, certificate of guarantee, or other instrument, continue to be firmly bound under a continuing obligation to pay all necessary costs and expenses or liabilities which may be incurred or expended by the Department to meet the minimum requirements of this Chapter.
(b) If the Department finds that a default has occurred in the performance of any term or condition of the permit, bond, letter of credit, certificate of guarantee, or other instrument, the Department must give written notice to the permittee and to the surety or issuing organization or entity. That notice must specify the work to be done, the estimated cost, and the period of time the Department finds to be reasonably necessary to complete the work.
(c) If a cash bond has been posted, notice of default as provided by the preceding paragraphs must be given to the permittee; and if compliance is not obtained in the time specified, the Department must proceed without delay, and without further notice or proceedings, to use the cash deposited, or any part of the deposit, to cause the required work to be done by contract or otherwise in the Director’s discretion.
(d) After any default in the performance of any term or condition of the permit, bond, letter of credit, certificate of guarantee, or other instrument, the County, the surety, the issuing organization or entity, or any person employed or engaged on its behalf may enter the site to complete the required work necessary to control erosion and sedimentation to protect properties, watercourses, and persons. If the Department undertakes this work with the funds from a forfeited cash or corporate bond, letter of credit, certificate of guarantee, or other instrument, the funds must be used to pay the cost of contracting, including engineering and administration, for necessary restoration of the site to control erosion and sedimentation as required by the plan, permit, bond, letter of credit, certificate of guarantee, other instrument, or this Chapter. If the cost of the work necessary to control erosion and sedimentation or to protect properties, watercourses, and persons exceeds the amount of the cash or corporate bond, letter of credit, certificate of guarantee, or other instrument, the permittee must continue to be obligated to pay all excess costs and expenses incurred by the County. The cost and expenses are a lien on all property and all rights to property, real or personal, of any person liable to pay that cost. The cost may be listed on the tax bill and collected in the manner of ordinary taxes.
(e) A person must not interfere with or obstruct the access to or from a site or premises by an authorized representative or agent of any surety, issuing organization or entity, or the Department, engaged in completing the work required to be performed under the permit or in complying with the permit.
(f) A corporate bond, letter of credit, certificate of guarantee, or other instrument remains in effect until a completion certificate is issued under Section 19-14. A cash bond must be returned to the depositor or to the depositor’s successors or assigns when a completion certificate is issued for the work under Section 19-14, except any portion that may have been used.
(g) The Director immediately must suspend the permit or issue a stop work order when any permittee does not maintain the bond or certificate of guarantee. If the Director finds a violation of an applicable law or regulation by an organization or entity issuing certificates of guarantee, the Director may immediately revoke all permits of members of that organization or entity for which a certificate of guarantee is posted, and may post stop work orders wherever applicable until an appropriate bond or other instrument acceptable to the County is substituted for the certificates of guarantee. (1976 L.M.C., ch. 14, § 1; 1980 L.M.C., ch. 60, § 2; 1985 L.M.C., ch. 15, § 1; 1986 L.M.C., ch. 45, § 1; 2013 L.M.C., ch. 9, § 1.)