(A) (1) The Administrator shall inspect the land-disturbing activity to ensure compliance with the approved plan and to determine whether the measures required in that plan are effective in controlling erosion and sediment resulting from the land-disturbing activity. The Administrator may require monitoring and reports from the person responsible for carrying out the plan. Furthermore, the District may inspect, monitor, and make reports for the Administrator, upon request. The right-of-entry to conduct such inspections shall be expressly reserved in the permit. The person responsible for carrying out the plan, or his or her duly designated representative, shall be afforded the opportunity to accompany the inspectors.
(2) At such time that the person responsible for carrying out the plan feels that the land-disturbing activity is complete, a formal written request shall be made to the Administrator for a final inspection.
(3) If, after completing the final inspection, the Administrator determines that the person responsible for carrying out the plan has met all requirements of this chapter, such bond, cash escrow, letter of credit, or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated, as stipulated within the bonding arrangement.
(B) If the Administrator determines that the person responsible for carrying out the plan has failed to do so, the Administrator shall immediately serve such person a notice to comply by registered or certified mail to the address specified in his or her permit application or by delivery at the site of the land-disturbing activity to the agent or employee supervising such activities. Such notice shall set forth specifically the measures needed to come into compliance with such plan and shall specify the time within which such measures shall be completed. If such person fails to comply within the time specified, the permit may be revoked and the permittee or the person responsible for carrying out the plan shall be deemed to be in violation of this chapter and upon conviction shall be subject to the penalties provided by § 152.10.
(C) If land-disturbing activities have commenced without an approved plan, the Administrator may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all of the land-disturbing activities be stopped until an approved plan or any required permits are obtained.
(D) Upon receipt of a sworn complaint of a substantial violation of this chapter from the Designated Enforcement Officer, the Administrator may, in conjunction with or subsequent to a notice to comply as specified in division (B) above, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the state, such an order may be issued whether or not the alleged violator has been issued a notice to comply as specified in division (B) above. Otherwise, such an order may be issued only after the alleged violator has failed to comply with a notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for seven days from the date of service pending application by the enforcement authority or alleged violator for appropriate relief to the circuit court of the jurisdiction wherein the violation was alleged to have occurred.
(E) The owner may appeal the issuance of an order to the Circuit Court of the county.
(F) Upon completion of corrective action, the order shall immediately be lifted. Nothing in this section shall prevent the chief administrative officer from taking any other action specified in § 152.99.
(Ord. passed 6-12-2008) Penalty, see § 152.99