Loading...
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.
Immediately after completing a project, the permittee must notify the Department and schedule a final inspection. If ,upon final inspection of the project, the Department finds that all work subject to inspection has been satisfactorily completed in accordance with this Chapter, the permit, approved plans and specifications, and applicable regulations, and the Department accepts any supporting documents required under Section 19-12(g), the Department must issue a completion certificate covering the work to the permittee. (1976 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 2013 L.M.C., ch. 9, § 1.)
Any land-disturbing activity must not be conducted without adequate protection and support for any adjoining property. The Director may require installation of a wall, fence, rail, sediment control measure, or other item to protect people and property. (1976 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 1990 L.M.C., ch. 16, § 1; 2013 L.M.C., ch. 9, § 1.)
(a) A person must not engage in any land-disturbing activity or by any action cause or permit any soil, earth, sand, gravel, rock, stone, or other material, to be deposited on or to roll, flow, or wash on or over the land of another and cause damage without the express written consent of the owner of the affected premises. A permittee must not engage in any land-disturbing activity or by any action cause or permit any soil, earth, sand, gravel, rock, stone, or other material to be deposited on or to roll, flow, or wash on or over any public street, street improvement, road, sewer, storm drain, watercourse, right-of-way, or any public property in a manner to damage or to interfere with the use of that property.
(b) A person must not, when hauling soil, earth, sand, gravel, rock, stone, or other material over any public street, road, alley, or public property, allow those materials to blow or spill over or on any street, road, alley, or public property or adjacent private property.
(c) If any soil, earth, sand, gravel, rock, stone, or other material is caused to be deposited on or to roll, flow, or wash on any public or private property in violation of subsection (a) or (b), the permittee or person responsible must be notified by the Department and must cause the material to be removed from that property within 24 hours. In an immediate danger to the public health or safety, the Department must give notice by the most expeditious means, and the material must be removed immediately. If the material is not removed, the Department may arrange for its removal; and the cost of that removal must be paid to the County by the person who failed to remove the material. The cost of removal is a lien on all property and all rights to property, real or personal, of any person liable to pay that cost. The cost of removal must be listed on the tax bill and must be collected in the manner of ordinary taxes. However, this Section does not prohibit the Department from proceeding directly with any alternative enforcement procedure under Section 19-69. (1976 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 2013 L.M.C., ch. 9, § 1.)
Editor’s note—Section 19-16 is quoted, interpreted and the legislative history is discussed in Wietzke v. The Chesapeake Conference Association, 421 Md. 355, 26 A.3d 931 (2011).
(a) The Director may recommend regulations to administer this Article, may hold public hearings on any proposed regulation, and must obtain recommendations from the Montgomery Soil Conservation District before forwarding the recommendations to the County Executive. These regulations must include:
(1) minimum erosion and sediment control plan requirements;
(2) maximum duration of exposure;
(3) critical slope protection;
(4) on-site grading controls;
(5) on-site drainage controls; and
(6) protection of specimen trees.
(b) The Director may recommend one or more methods to calculate the amount of surface area affected by tree cutting, including using tree cover measurements.
(c) The County Executive must adopt any regulation under subsection (a) under method (2).
(d) Regulations adopted under this Section must not conflict with or waive any provision of this Chapter, and must not be less restrictive than applicable requirements of state law or regulation. (1976 L.M.C., ch. 14, § 1; 1984 L.M.C., ch. 24, § 20; 1984 L.M.C., ch. 27, § 17; 1986 L.M.C., ch. 45, § 1; 1992 L.M.C., ch. 6, § 1; 2013 L.M.C., ch. 9, § 1.)
Loading...