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(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.)
(a) If the Director finds that the nature of the work may create a hazard to human life or endanger adjoining property or property at a higher or lower elevation, or any street or street improvement, or any other public property, the Director may, before issuing the permit, require the applicant for a permit to file a certificate of insurance.
(b) The certificate must show that the applicant is insured against claims for damages for personal injury and property damage in an amount not less than $25,000. Those damages include damage to the County by deposit or washing of material onto County streets or other public improvements, which may arise from or out of the performance of the work, whether the work is performed by the applicant, a subcontractor, or any person directly or indirectly employed by the applicant.
(c) The Director must set the amount of insurance according to the nature of the risks involved. Insurance must be written by a company licensed to do business in the state and approved by the County. Issuance of a permit, or compliance with this Chapter or any condition imposed by the Department, does not relieve any person from any responsibility for damage to persons or property otherwise imposed by law or impose any liability on the County for damages to persons or property. (1976 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 2013 L.M.C., ch. 9, § 1.)
(a) Any authorized representative of the Department may enter any property permitted under this Chapter to inspect and enforce this Chapter.
(b) Land-disturbing activity requiring a permit must not proceed until the Department approves. All work must be performed in accordance with the sequence approved by the Department.
(c) The permittee must notify the Department 48 hours before beginning any land-disturbing activity and, unless the Department waives the meeting, must hold a preconstruction meeting with an authorized representative of the Department.
(d) The permittee must keep a copy of the approved erosion and sediment control plan and the permit available on the site for inspection by any authorized representative of the Department. Field markings showing limits of disturbance must be on site during any land-disturbing activity.
(e) Each site that has an erosion and sediment control plan must be inspected on average, every 2 weeks. Unless waived, the permittee must obtain an inspection by the Department at the following stages:
(1) after installing any sediment control measure or practice and before any other land disturbance;
(2) during the construction of any sediment basin or stormwater management structure, at each required inspection point;
(3) during rough grading, including hauling of any imported or wasted material;
(4) before removing or modifying any sediment control measure or practice; and
(5) after completing final grading, including established ground cover and planting, installation of any vegetative measure, and all other work required by the approved plan.
(f) If a person does not comply with this Chapter, the Department must inspect the work and notify the permittee and the responsible personnel in writing. The notice issued must at least state the nature of the violation, any practice or plan deficiency, required corrective action, and compliance time. Any part of the work that does not comply promptly must be corrected by the permittee. The Department may make additional inspections as it deems necessary, and may waive inspections, other than the final inspection under Section 19-14. The Department must maintain a permanent record of each inspection. That record must include the date, the location or project identification, whether the approved plan has been implemented and measures maintained, and, if a violation exists, the enforcement action taken.
(g) When approved plans developed under this Chapter show the use of temporary basins or permanent stormwater management structures, the Department may require the submission of supportive documents such as test results, as-built plans, or material certifications. If necessary, in addition to its own inspections, the Department may require any part of the construction of basins or structures to be inspected and certified by a licensed professional engineer or land surveyor. At the Director's option, the permittee may secure the services of a licensed professional engineer or land surveyor to inspect the construction of the facilities and provide the Department with a fully documented certification that all construction is done in accordance with the approved plan and all applicable rules, regulations and specifications. If a certification is provided to the Department, the Department may waive any inspection required under Section 19-12(e)(2) for that basin or structure. In these cases, the Department must be notified at the required inspection points and may make spot inspections.
(h) This Section does not restrict the Department from proceeding directly with any available alternative enforcement procedure under Section 19-69. (1976 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 1992 L.M.C., ch. 6, § 1; 2011 L.M.C., ch. 17, § 1; 2013 L.M.C., ch. 9, § 1.)
Editor's note—2011 L.M.C., ch. 17, §§ 2 and 3, state:
Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.
Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.
The Department must accept and investigate any complaint about erosion and sediment control concerns from any source, and must:
(a) conduct an initial investigation within 3 working days after receiving the complaint;
(b) notify the complainant of the initial investigation and findings within 7 days after receiving the complaint; and
(c) take appropriate action when any violation is discovered during the complaint investigation. (2013 L.M.C., ch. 9, § 1.)
(a) The permittee or the owner of any property on which work has been done under a permit granted under this Chapter, or any other person or agent in control of that property, must maintain in good and effective condition and promptly repair or restore any grade surface, wall, drain, dam or structure, planting, vegetation, erosion and sediment control measure, or other protective device. Repair or restoration, and maintenance, must be in accordance with the approved plan, Standards and Specifications, and permit as required by this Chapter until permanent measures are accepted by the Department.
(b) Any person who performs work under a Washington Suburban Sanitary Commission utility sediment control permit is responsible for the repair or maintenance of all erosion and sediment control measures affected by the utility construction. Repair or maintenance must completed as provided in subsection (a). (1976 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 2013 L.M.C., ch. 9, § 1.)
Editor’s note—See County Attorney Opinion dated 12/13/99 explaining that the County has the authority to inspect stormwater management facilities constructed before 1985, but maintenance responsibility lies with the owner.
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