A.
Purpose. This Part 2 is adopted to establish measures and requirements
to control soil erosion and sedimentation and to establish procedures
by which these requirements and measures are to be administered and
enforced. The purpose of this Part 2 is to safeguard the natural resources
of the County and prevent damage to public and private property by
establishing minimum requirements for control of grading and earthmoving.
B.
Authority. This Part 2 is adopted under authority of and in compliance with Title 4, Environmental Article, Subtitle 1, of the Annotated Code of Maryland.
[Amended 6-10-1992]
C.
Jurisdiction. This Part 2 shall apply to the unincorporated area
of Allegany County and any municipality which may enter into an agreement
with the County to enforce sediment and erosion control regulations
within municipal boundaries.
[Amended 6-10-1992]
D.
Applicability. Any person or entity proposing to do any development
which includes grading must first obtain a permit for that development
from the local permitting agency and must comply with all provisions
of this Part 2.
[Added 6-10-1992]
For the purpose of this Part 2, the following definitions describe
the meanings of the terms used in this Part 2:
Those methods used in the cultivation of land in order to
further crop and livestock production and conservation of related
soil and water resources. Logging and timbering operations are not
considered "agricultural practices."
Any person, firm or government agency who executes the necessary
forms to procure official approval of a project or a permit to carry
out construction of a project.
Any activity which removes the vegetative land cover.
The Allegany County Planning and Zoning Commission or any
of its employees.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, dredging,
filling, clearing, excavation, dumping, extraction or storage of equipment
or materials. "Development" includes subdivision of land.
[Added 6-10-1992]
A grant or reservation by the owner of land for the use of
such land by others for a specific purpose or purposes and which must
be included in the conveyance of land affected by such easement.
The process by which the land surface is worn away by the
action of wind, water, ice or gravity.
A set of drawings or other document submitted by a person
as a prerequisite to obtaining a grading or other type of permit,
which contains all of the information and specifications pertaining
to erosion and sediment control.
Any act by which soil, earth or rock is cleared, stripped,
stockpiled, excavated, scarified, filled or any combination thereof.
An employee of Allegany County or a County-funded employee
of the Soil Conservation District whose duties include the inspection
and enforcement of Sediment Control Measures at the direction of the
local permitting official.
[Added 6-10-1992]
An employee designated by the Allegany County Commissioners
to have the authority and responsibility to implement the terms of
this Part 2.
[Added 6-10-1992]
Soils or other surficial materials transported or deposited
by the action of wind, water, ice or gravity as a product of erosion.
Any tract, lot or parcel of land or combination of tracts,
lots or parcels of land which are in one ownership or are contiguous
and in diverse ownership when development is to be performed as part
of a unit, subdivision or product.
The Allegany Soil Conservation District or any of its employees.
The "Soil Conservation District" is the approving authority for all
erosion and sediment control plans.
The 1983 Maryland Standards and Specifications for Soil Erosion
and Sediment Control, or any subsequent revisions.
The date of issue of the permit for any development, provided
that the actual start of grading, construction or improvement was
within 180 days of permit issuance.
[Added 6-10-1992]
The strip or open pit mining of coal by those methods approved
by the State Bureau of Mines. "Surface mining" of materials other
than coal are subject to Water Resources Administration approval and
regulations.
Any natural or man-made stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash, in
and including any area adjacent thereto which is subject to inundation
by reason of overflow of floodwater.
[Amended 6-10-1992]
A.
Any violation of this Part 2 will be deemed a misdemeanor, and the
person, corporation or other entity found guilty of such a violation
shall be subject to a fine of no more than $5,000 and, upon conviction
of the misdemeanor offense, is subject to one year of imprisonment.
B.
Each day the violation continues may be deemed a separate offense.
In addition to any other sanction under this Part 2, a person who
fails to install or to maintain erosion and sediment controls in accordance
with an approved plan shall be liable to Allegany County or the state
in a civil action, for damages in an amount up to double the cost
of installing or maintaining the controls.
C.
As an alternative, the County may pursue civil fines or penalties
to ensure compliance with this Part 2 and may institute injunction,
mandamus or other appropriate action or proceeding at law or equity
for the enforcement of violations or to correct violations, and any
court of competent jurisdiction shall have the right to issue restraining
orders, temporary or permanent injunctions or mandamus or other appropriate
forms of remedy or relief.
[Amended 6-10-1992]
A.
This Part 2 is hereby enacted and shall become effective June 10,
1992, and shall replace any previously adopted Sediment and Erosion
Control Ordinance.
