If the Whitehouse Engineer and/or the Lucas County Engineer, or its duly authorized representative, determines that a violation of the rules adopted under this code exists, the Whitehouse Engineer and/or the Lucas County Engineer, or representative, may issue an immediate stop work order if the violator failed to obtain any federal, state, or local permit necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity.
(a) All development areas shall be subject to external inspections by the Whitehouse Engineer and/or the Lucas County Engineer to ensure compliance with the approved SWP3 or Abbreviated SWP3.
(b) After each external inspection, the Whitehouse Engineer and/or the Lucas County Engineer shall prepare and distribute a status report to the applicant.
(c) If an external inspection determines that operations are being conducted in violation of the approved SWP3 the Whitehouse Engineer and/or the Lucas County Engineer may take action as detailed in Section 931.14 of this regulation.
(d) Failure to maintain and repair erosion and sediment controls per the approved SWP3 plan may result in the following escalation:
(1) First Notice: Notice of deficiencies and/or non-compliance. The Whitehouse Engineer and/or the Lucas County Engineer will issue a Notice of Deficiency to the owner or operator. All controls are to be repaired or maintained per the SWP3 plan within three (3) days of the notification. If controls have not been connected after this time, Whitehouse shall issue a Notice of Violation.
(2) Second Notice: Notice of Violation. The Whitehouse Engineer and/or the Lucas County Engineer shall issue a formal Notice of Violation which includes a $250 administrative fee against the SWP3 Bond or site plan deposit. All controls are to be repaired or maintained per the approved SWP3 plan within three (3) days of the Notice of Violation. If controls have not been connected after this time, Whitehouse shall issue a Stop Work Order for all activities until corrections have been made.
(3) Third Notice: Stop Work Order. The Whitehouse Engineer and/or the Lucas County Engineer shall issue a Stop Work Order for all construction activities and charge a $250 administrative fee against the SWP3 bond or site plan deposit. The Stop Work Order will be lifted once all controls are in compliance with the approved SWP3 plan.
(e) The Whitehouse Engineer and/or the Lucas County Engineer have the authority to make immediate on-site adjustments to the SWP3 in order to achieve compliance with this chapter.
(f) A final inspection will be made to determine if the criteria of this code have been satisfied and a report will be presented to Whitehouse on the site's compliance status.
(g) The Whitehouse Engineer and/or the Lucas County Engineer Representative shall monitor soil-disturbing activities for non-farm residential, commercial, industrial, or other nonfarm purposes on land of more than one contiguous acre to ensure compliance required by these Rules.
(h) The Whitehouse Engineer and/or the Lucas County Engineer shall notify the U.S. Army Corps of Engineers when a violation on a development project covered by an Individual or Nationwide Permit is identified. The Whitehouse Engineer and/or the Lucas County Engineer shall notify the Ohio Environmental Protection Agency when a violation on a development project covered by a Section 401 Water Quality Certification and/or Isolated Wetland Permit is identified.
(i) Whitehouse shall not issue building permits for projects regulated under this code that have not received approval for an SWP3 for said projects.
(Ord. 5-2017. Passed 2-21-17.)