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(a) Any major modification of an approved plan must be submitted to the Department and may be approved or disapproved in the same manner as the original plan.
(b) In an emergency situation, the Director may require the installation of interim flood protection measures to protect stream channels, other property, or the public from damage or danger. Any required measure must remain in effect until adequate modifications to an approved plan are approved and implemented.
(c) The Department's field representative may authorize minor field modifications that are consistent with this article and applicable regulations. (1989 L.M.C., ch. 39, § 4.)
(a) In granting a floodplain district permit, the Director may attach conditions that the Director finds:
(1) Are reasonably necessary to prevent undue risk to public or private property; or
(2) Will prevent the operation from being conducted in a manner hazardous to life or property.
(b) Those conditions may include:
(1) Erecting or installing walls, drains, dams, plantings, erosion and sediment control measures or devices;
(2) Furnishing necessary easements; or
(3) A specified method of performing the work.
(c) Each condition must be identified on the approved floodplain district permit plan.
(d) The approved plan is a condition of the permit.
(e) A person must not violate any permit condition. (1989 L.M.C., ch. 39, § 4.)
(a) The Department may enter any property subject to this article to inspect the property and enforce this article.
(b) Any activity in conjunction with a permit must not proceed until the Department has issued the permit. All work must be performed in accordance with the approved plan and permit.
(c) The permittee must notify the Department 48 hours before starting any activity in conjunction with a permit. The permittee or its representative must attend a pre-construction meeting with the Department unless the Department waives the meeting.
(d) The permittee must keep a copy of the approved floodplain district permit plan and the permit available on site for inspection by the Department.
(e) The Director must inspect each site that has a floodplain district permit plan to ensure compliance with the approved plan and all permit requirements.
(f) If the permittee fails to comply with any requirement under this article, the Director must inspect the work and notify the permittee in writing. The notice must state:
(1) The nature of the violation;
(2) Any practice or plan deficiencies;
(3) Any required corrective action; and
(4) A reasonable time for compliance.
(g) The permittee must promptly correct any portion of the work that does not comply.
(h) The Department may make additional inspections as necessary, and may waive any inspection except the final inspection under section 19-43.
(i) The Department must maintain a record of each inspection, including the date, location or project identification, whether the approved plan and permit conditions have been complied with and, if a violation exists, the enforcement action taken. (1989 L.M.C., ch. 39, § 4.)
(a) The Director may revoke or suspend any permit issued under this article, after the Department serves written notice on the permittee, for:
(1) Violation of the approved plan or any other condition of thepermit;
(2) Violation of any applicable law or regulation relating to the work;
(3) The existence of any hazard or danger to human life or the property of others; or
(4) Failure of the approved plan to achieve required objectives because of site characteristics or conditions.
(b) In addition to the authority to revoke or suspend a permit under subsection (a), the Director may order that all construction activity in conjunction with a permit must stop immediately if:
(1) Any construction activity violates a condition or requirement of a County permit, application, or approved plan, or this article or applicable regulations;
(2) The Department delivers a written warning to the permittee or its representative that lists corrective measures required and the time by which the corrections must be made; and
(3) The permittee does not make all corrections within the specified time.
(c) The Department must provide a report to the permittee or its representative when a stop work order is issued. The report must specify the extent to which work must be stopped and the conditions under which work may resume.
(d) The permittee is responsible for the actions of its agents, and must notify any agent when a stop work order affects an area within which the agent is working or may work. An agent is any person who acts under the direction, with the permission, or to the benefit of the permittee.
(e) A person must not continue, or permit the continuance of, work in an area covered by a stop work order. (1989 L.M.C., ch. 39, § 4.)
(a) Immediately after a project is finished, the permittee must notify the Department and schedule a final inspection.
(b) If, after final inspection, the Director finds that all work subject to inspection has been satisfactorily completed in accordance with this article, the permit, approved plans, and regulations, the Director must issue a completion certificate to the permittee. The Director may recommend release of the certificate of occupancy, where applicable, after receiving a completed Elevation Certificate from the developer, at that time. (1989 L.M.C., ch. 39, § 4; 1992 L.M.C., ch. 33, § 1.)
(a) The Director may recommend written regulations to administer this article, may hold public hearings on any proposed regulation, and must obtain approval from the Floodplain Division of the Maryland Water Resources Administration before forwarding any regulation to the County Executive for adoption.
(b) The regulations must include but are not limited to the following:
(1) Accepted floodplain datum sources;
(2) Floodplain restrictions; and
(3) Minimum plan requirements.
(c) The County Executive may adopt regulations authorized by subsection (a) under Method (2).
(d) The Director may recommend regulations, to be adopted by the County Executive under Method (3), to set, increase, or decrease permit fees.
(e) Any regulation adopted under this article must not conflict with or waive any provision of this chapter, and must not be less restrictive than regulations of the Maryland Water Resources Administration. (1989 L.M.C., ch. 39, § 4.)
Editor’s noteFormer § 19-46, Enforcement, derived from 1989 L.M.C., ch. 39, § 4, was repealed by 2001 L.M.C., ch. 27, § 1. See § 19-69.
(a) The water quality goals of the County are to:
(1) protect, maintain, and restore high quality chemical, physical, and biological conditions in the waters of the state in the County;
(2) reverse past trends of stream deterioration through improved water management practices;
(3) maintain physical, chemical, biological, and stream habitat conditions in County streams that support aquatic life along with appropriate recreational, water supply, and other water uses;
(4) restore County streams, damaged by inadequate water management practices of the past, by reestablishing the flow regime, chemistry, physical conditions, and biological diversity of natural stream systems as closely as possible;
(5) help fulfill interjurisdictional commitments to restore and maintain the integrity of the Anacostia River, the Potomac River, the Patuxent River, and the Chesapeake Bay; and
(6) promote and support educational and volunteer initiatives that enhance public awareness and increase direct participation in stream stewardship and the reduction of water pollution.
(b) The federal National Pollutant Discharge Elimination System (NPDES) and state water quality standards require that the County establish regulations governing discharges into protected waters of the state.
(c) To accomplish the purposes of this Chapter, the County Council has established this Article. In administering and enforcing this Article, the County should consider the economic impact of any action it takes or requires.
(d) The County must work in conjunction with municipalities, counties, agencies of the state, and the federal government to establish interagency agreements and to take other steps necessary to accomplish the purposes of this Chapter. (1994 L.M.C., ch. 31, § 1.)
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