Md. Code Regs. 26.17.01.09

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.17.01.09 - Inspection and Enforcement

A. The Administration shall be responsible for the inspection and enforcement of all grading that requires an approved erosion and sediment control plan as designated within this chapter.

B. When the Administration has delegated enforcement authority to a county, a municipality, or the Commission, the county, municipality or Commission shall have the primary responsibility for inspection and enforcement as designated by an approved erosion and sediment control ordinance or erosion and sediment control regulations.

C. An approved erosion and sediment control plan for an active site is to be on-site and available to the appropriate enforcement authority and the Administration.

D. The appropriate enforcement authority shall inspect sites with an approved erosion and sediment control plan for compliance with the approved plan.

E. When conducting an inspection, the appropriate enforcement authority shall:

(1) Ensure that an approved erosion and sediment control plan and permits are on the site as required;

(2) Conduct a complete inspection of the site unless otherwise indicated;

(3) Prepare a written inspection report that includes:

(a) The date and location of this site inspection;

(b) Whether the approved plan has been properly implemented and maintained;

(c) Practice deficiencies or erosion and sediment control plan deficiencies;

(d) If a violation exists, the type of enforcement action taken; and

(e) If applicable, a description of minor or major modifications as described in this regulation; and

(4) Notify the on-site personnel and the owner/developer in writing when violations are observed, describing the:

(a) Nature of the violation;

(b) Required corrective action; and

(c) Time period in which to have the violation corrected.

F. Complaints.

(1) The appropriate enforcement authority shall accept and investigate complaints regarding erosion and sediment control concerns from any interested party and:

(a) Conduct an initial investigation within 3 working days of receipt of the complaint;

(b) Notify the complainant of the initial investigation and findings within 7 days of receipt of the complaint; and

(c) Take appropriate action when violations are discovered during the course of the complaint investigation.

(2) The Administration may investigate complaints received and take appropriate action or refer complaints received to the appropriate enforcement authority.

(3) The Administration shall notify the appropriate enforcement authority in a timely manner when investigating a complaint in a delegated jurisdiction.

G. A county, a municipality, or the Commission may request enforcement assistance from the Administration on any site.

H. Plan Modifications.

(1) Modifications to an approved erosion and sediment control plan may be requested by the owner/developer or required by the appropriate approval or enforcement authority.

(2) Modifications must be made in accordance with the erosion and sediment control criteria contained in the "2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control" and the criteria for major and minor modifications.

(3) Major Modifications.

(a) Major modifications include revisions to sediment control practices involving concentrated flow or impoundments, such as a sediment basin or trap. Major modifications also include significant changes to the sequence of construction or to the phasing of grading units.

(b) Major modifications must be approved by the approval authority prior to implementation.

(4) Minor Modifications

(a) The approval authority may, in conjunction with the appropriate enforcement authority, develop a list of minor modifications.

(b) The Administration shall review and approve all minor modification lists.

(c) The appropriate enforcement authority may allow the implementation of minor modifications as field revisions.

(d) The appropriate enforcement authority shall, in writing, approve field revisions prior to their implementation.

I. Enforcement.

(1) The appropriate enforcement authority shall, through the authority of an erosion and sediment control ordinance or regulations, this chapter, and the Sediment Control Subtitle, use enforcement action when erosion and sediment control violations occur.

(2) Enforcement actions may include, but are not limited to:

(a) Issuance of a corrective action order;

(b) Issuance of a stop work order, the extent of which is determined by the appropriate enforcement authority;

(c) Issuance of a penalty or fine as allowed; and

(d) Referral for legal action.

(3) In addition to any other sanctions, a person in violation of any provision of the Sediment Control Subtitle or this chapter is subject to civil action or criminal prosecution as deemed necessary.

(4) Any step in the enforcement process may be taken at any time, depending upon the severity of the violation.

(5) The appropriate enforcement authority shall stop work on a site where grading is occurring without a required erosion and sediment control plan.

J. Suspension of Approval.

(1) The approval authority may suspend approval of an erosion and sediment control plan.

(2) When an erosion and sediment control plan is suspended:

(a) Stabilization is required of all disturbed areas on the project site; and

(b) Grading, building, and other permits related to the project will also be suspended.

Md. Code Regs. 26.17.01.09

Regulation .09D amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474); amended effective 44:9 Md. R. 438, eff. 5/8/2017