(a) No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.
(b) If the Summit SWCD determines that a violation of the rules adopted under this section exists, the SWCD shall issue an immediate stop-work order if the violator failed to obtain any federal, state, or local permit necessary for sediment and erosion control and soil-disturbing activities. In addition, if the SWCD determines such a rule violation exists, regardless of whether or not the violator has obtained the proper permits, the SWCD shall authorize the issuance of a Notice of Violation.
(c) If it appears that a violation of any of these rules has occurred, the owner and developer will be notified of deficiencies or noncompliance in writing by mail. The owner or developer will have fifteen (15) workdays after receiving the letter to rectify the deficiency or receive approval of plans for its correction. If the deficiencies have not been rectified, the Summit SWCD shall issue a second Notice of Violation.
(d) If after a period of not less than ten (10) workdays, except as provided in division (g) of this section, has elapsed following the issuance of the second Notice of Violation, the violation continues, and the Summit SWCD shall issue a stop-work order after first obtaining the written approval of the Summit County Prosecutor if, in the opinion of the Prosecutor, the violation is egregious.
(e) Once a stop-work order is issued, the Summit SCWD shall request, in writing, the Summit County Prosecutor to seek an injunction or other appropriate relief in the Summit County Court of Common Pleas to abate excessive erosion or sedimentation and secure compliance with the rules adopted under this section.
(f) Upon notice, the Summit County Prosecuting Attorney may suspend any active soil disturbing activity and may require immediate erosion and sediment control measures whenever they determine that such activity is not meeting the intent of this regulation. Such notice shall be in writing, given to the applicant, and state the conditions under which work may be resumed. In instances, however, where the Prosecuting Attorney and/or designee finds that immediate action is necessary for public safety or the public interest, they may require that work be stopped upon verbal order pending issuance of the written notice.
(g) No stop-work order shall be issued under this section against any public highway, transportation, or drainage improvement or maintenance project undertaken by a government agency or political subdivision in accordance with a statement of its standard sediment control policies that are approved by the county or the Chief of the Division of Soil and Water Conservation at ODNR.
(h) Village of Silver Lake Planning Commission has the reserved right to deny the issuance of any further plat approvals for the property in question until the site is brought into compliance with these regulations.
(i) The Summit County Department of Building Standards has the reserved right to suspend the issuance of occupancy certificates within developments that do not comply with these regulations.
(j) The Village of Silver Lake Engineers Office has the reserved right to suspend the inspection of site improvements and refuse the release of bonds on developments that do not comply with these regulations.
(k) Summit SWCD inspections do not relinquish the responsibility of the owner to comply with Ohio EPA NPDES inspection requirements.
(Ord. 15-2022. Passed 2-7-22.)