[HISTORY: Adopted by the Board of County Commissioners of
Calvert County 2-26-1971; revised 12-8-1992. Amendments noted where applicable.]
A.
The purpose of this chapter is to protect, maintain and enhance the
public health, safety and general welfare by establishing minimum
requirements and procedures to control the adverse impacts associated
with accelerated soil erosion and resultant sedimentation. Minimizing
soil erosion and off-site sedimentation will minimize damage to public
and private property, and assist in the attainment and maintenance
of water quality standards.
B.
The provisions of this chapter are adopted by the Board of County
Commissioners of Calvert County pursuant to the authority of Title
4, Subtitle 1 ("Sediment Control") of the Environment Article and
Article 25, § 10K of the Annotated Code of Maryland and
shall apply to all grading occurring within the area of Calvert County.
The application of this chapter and the provisions expressed herein
shall be the minimum erosion and sediment control requirements and
shall not be deemed a limitation or repeal of any other powers granted
by state or county statute. The Department of Public Works, through
its Project Management and Inspections Division shall be responsible
for coordination and enforcement of the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses. Such deleterious effect is or
may potentially be harmful or injurious to human health, welfare,
safety or property, to biological productivity, diversity, or stability
or which unreasonably interfere with the enjoyment of life or property,
including outdoor recreation.
Land which is assessed agricultural at time of grading permit
application.
Those approved methods and procedures used in the cultivation
of land in order to further crop and livestock production and conservation
of related soil and water resources. Logging and timber removal operations
may not be considered a part of this definition.
Any person who executes the necessary forms to procure official
approval of a project or a permit to carry out construction of a project.
That area which is prone to repeated disturbance due to construction
operations and traffic from construction vehicles and/or personnel.
This area shall not be necessarily construed as being the entire site,
lot, or parcel and shall not include the disturbed area associated
with water well installation and/or septic handling facilities.
Any activity which removes the vegetative ground cover.
The Maryland Department of the Environment, Sediment and
Storm Water Administration.
Any person undertaking or causing to be undertaken any or
all the activities covered by this chapter. General contractors or
subcontractors, or both, without a propriety interest in a project
are not included within this definition.
The Calvert Soil Conservation District.
The Calvert County Department of Public Works, Project Management
and Inspections Division.
That area contributing runoff to a single point, measured
in a horizontal plane, which is enclosed by a ridge line.
The process by which the land surface is worn away by the
action of wind, water, ice or gravity.
A system of structural and vegetative measures that minimize
soil erosion and off-site sedimentation.
An erosion and sediment control strategy or plan designed
to minimize erosion and prevent off-site sedimentation by containing
sediment on-site or by passing sediment laden runoff through a sediment
control measure, prepared and approved in accordance with the specific
requirements of the District and this chapter, and designed in accordance
with the Standards and Specifications.
Those land development activities that are not subject to
the erosion and sediment control requirements contained in this chapter.
To cause disturbance of the earth. This shall include but
not be limited to any excavating, filling, stockpiling of earth materials,
grubbing, root mat or topsoil disturbance, or any combination.
Any of various low growing plants grown especially in areas
where it is difficult to grow grass.
The representative of Calvert County who checks work performed
by someone else for the purpose of passing judgment on the quality
or quantity of what has been accomplished.
The perpetual care of a properly installed sediment and erosion
control plan for the period covered by the grading permit.
Any person to whom a grading permit has been issued.
Includes the federal government, the state, the county, municipal
corporation, or other political subdivision of the state, or any of
their units, or an individual, receiver, trustee, guardian, executor,
administrator, fiduciary, or representative of any kind, or any partnership,
firm, association, public or private corporation, or any of their
affiliates, or any other entity.
Any foreman, superintendent or project engineer who is in
charge of on-site clearing and grading operations or sediment control
associated with earth changes or disturbances.
Soils or other surficial materials transported or deposited
by the action of wind, water, ice, gravity, or other artificial means.
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, where development is to be performed as
part of a unit, subdivision, or project involving the simultaneous
clearing or grading of the combined tracts, lots or parcels.
The prevention of soil movement by any of various vegetative
and/or structural means.
The 1994 Maryland Standards and Specifications for Soil Erosion
and Sediment Control or any subsequent revisions.
[Amended 5-28-2002 by Ord. No. 21-02]
Modification of the criteria set forth in the Standards and
Specifications.
Any natural or artificial 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 flood water.
An area comprised of two or more drainage areas which contribute
runoff to a single point.
Any area that has saturated soils or periodic high groundwater
levels and vegetation adapted to wet conditions and periodic flooding
which meets the criteria as set forth in the Federal Manual for Identifying
and Delineating Jurisdictional Wetlands and any subsequent revision
or amendment.
A.
Scope. No person shall clear or grade land without first obtaining a grading permit and implementing soil erosion and sediment controls in accordance with an approved plan which meets the requirements of this chapter unless the clearing and grading receives an approved exemption as provided under Subsection B. In addition to these requirements any clearing or grading within the critical area shall conform to the regulations set forth in § 155-3-3A(4) and 155-4-8G of Chapter 155, Zoning, of the Code of Calvert County. A separate application for permit or exemption shall be required for separate sites.
B.
Exemptions.
(1)
The following activities shall be exempt from the permitting requirements
of this chapter if the exemption is approved by the District:
(a)
Agricultural land management practices approved by the District
and construction of agricultural structures.
(b)
Clearing or grading activities excluding the construction of
single family dwellings that disturb less than 5,000 square feet of
land area and disturb less than 100 cubic yards of earth, cut or fill,
except for clearing and grading within the critical area buffer as
defined in § 155-4-4J of Chapter 155, Zoning, of the Code
of Calvert County.
(c)
Clearing and grading activities that are subject exclusively
to state approval and enforcement under state law and regulations.
(d)
Overlay of existing paved road and/or parking surfaces with
new surface material where only minor preparation to the existing
surface is required.
(2)
An application for exemption shall be made to the District. The application
shall contain sufficient information to evaluate the site's characteristics
and the impact any grading shall have on the surrounding area. The
District and the Calvert County Department of Planning and Zoning
shall review the application. The applicant shall be notified by the
District of approval or reasons for disapproval within 15 working
days. If approved, the Division shall issue a grading permit exemption
for the activity. The grading permit exemption shall be posted on
site in a conspicuous location.
C.
Variances. The District may grant a written variance from the requirements
of the Standards and Specifications if strict adherence to the specifications
will not fulfill the intent of this chapter. The developer shall submit
a written request for a variance to the District. The request shall
state the specific variances sought and reasons for requesting the
variance. The District shall not grant a variance unless and until
sufficient specific reasons justifying the variance are provided by
the developer.
A.
Review and approval of erosion and sediment control plans.
(1)
Unless exempted under § 38-3B of this chapter, a person may not clear or grade land without first having an erosion and sediment control plan approved by the District and a grading permit.
(2)
Submission of plan.
(a)
Except as provided in Subsection A(2)(b), an applicant for a grading permit shall submit with the application a proposed erosion and sediment control plan and any supporting computations for review and approval by the District. The plan shall:
(b)
A proposed plan may be exempted from the requirements of Subsection A(2)(a)[1] of this subsection by the District if the District:
[1]
Conducts a site visit, and on a case-by-case basis, determines
that the proposed site work will not have a significant detrimental
impact on the water quality or habitat within the wetlands, open water,
buffer areas, conservation areas, and areas of known endangered or
threatened species; or
[2]
Determines that the size of the area proposed to be graded and
the volume of any material to be removed or added by proposed cuts
and fills falls below the minimum levels for which a plan is necessary,
as set forth in the rules and regulations duly promulgated by the
District.
(c)
Upon receipt of an application for a grading permit, the District
shall review the proposed Erosion and Sediment Control plan to determine
compliance with this chapter and Standards and Specifications prior
to approval.
(d)
Once the plan is approved, it shall serve as a basis for all
subsequent grading and stabilization.
(3)
In approving the plan, the District may impose such conditions thereto
as may be deemed necessary to ensure compliance with the provisions
of this chapter, the State Sediment Control Regulations COMAR 26.09.01,
the Standards and Specifications, or the preservation of public health
and safety.
(4)
The District shall notify the applicant of approval or reasons for
the disapproval or modification within 10 working days after submission
of the completed erosion and sediment control plan. If a decision
is not made within 10 working days, the District shall inform the
applicant of the status of the review process and the anticipated
completion date. The erosion and sediment control plan shall not be
considered approved without the inclusion of the signature and date
of signature of the District on the plan.
(5)
Approved plans may remain valid for two years from the date of approval.
Plans may be renewed by the District and shall be subject to the ordinances,
laws and regulations which are applicable at time of renewal.
(6)
In the event that state erosion and sediment control laws or regulations
are amended, the District may request that all approved erosion and
sediment control plans be resubmitted for review by the District to
ensure compliance with all applicable state laws and county ordinances.
B.
Contents of the erosion and sediment control plan.
(1)
The applicant is responsible for submitting an erosion and sediment
control plan which meets the requirements of the District, this chapter,
the State Sediment Control Regulations COMAR 26.09.01, and the Standards
and Specifications. The plan shall include sufficient information
to evaluate the environmental characteristics of the affected areas,
the potential impact of the proposed grading on water resources, and
the effectiveness and acceptability of measures proposed to minimize
soil erosion and off-site sedimentation. The applicant shall certify
on the drawings that all clearing, grading, drainage, construction
and development shall be conducted in strict accordance with the plan.
(2)
Applicants shall submit the following information:
(a)
An application for grading permit.
(b)
A vicinity sketch indicating North arrow, scale, and other information
necessary to easily locate the property.
(c)
A plan at an appropriate scale indicating at least:
[5]
Erosion and sediment control provisions to minimize on-site
erosion and prevent off-site sedimentation, including:
[a]
Provisions to preserve topsoil and limit disturbance.
[b]
Details of grading practices, including the statement that a
slope of at least 2% shall be maintained to the property line or for
10 feet, whichever is less, away from the foundation of all proposed
structures and appurtenances.
[c]
Design details for structural controls.
[d]
Details for temporary and permanent stabilization measures,
including placement of the following statement on the plan. Following
initial soil disturbance or redisturbance, permanent or temporary
stabilization shall be completed within:
[e]
Seven calendar days as to the surface of all perimeter dikes,
swales, ditches, perimeter slopes, and all slopes greater than three
horizontal to one vertical.
[f]
Fourteen days as to all other disturbed or graded areas on the
project site. The requirements of this subsection do not apply to
those areas which are shown on the plan and are currently being used
for material storage or for those areas on which actual construction
activities are currently being performed or to interior areas of a
surface mine site where the stabilization material would contaminate
the recoverable resource. Maintenance shall be performed as necessary
to ensure that the stabilized areas continuously meet the appropriate
requirements of the Standards and Specifications.
[6]
Sequence of construction describing the relationship between
the implementation and maintenance of controls, including permanent
and temporary stabilization and the various stages of phases of earth
disturbance and construction. The sequence of construction shall,
as a minimum, include a schedule and time frame for the following
activities:
[a]
Clearing and grubbing for those areas necessary for installation
of perimeter controls.
[b]
Construction of perimeter controls.
[c]
Remaining clearing and grubbing.
[d]
Road grading.
[e]
Grading for the remainder of the site.
[f]
Utility installation and whether storm drains will be used or
blocked after construction.
[g]
Final grading, landscaping or stabilization.
[h]
Removal of controls.
[7]
Statements placed on the plan indicating that the developer
shall notify the Division of the start-up date of the project at least
48 hours in advance thereof and shall request at least 48 hours in
advance of the anticipated site grading completion date that the Division
approve work completed in accordance with the approved erosion and
sediment control plan, the grading permit, and this chapter.
[a]
On all sites with disturbed areas or permit applications, approval
of the Division shall be requested upon completion of installation
of perimeter erosion and sediment controls. The installation of perimeter
sediment and erosion control measures shall be in place prior to any
additional earth disturbance or grading. These sediment and erosion
control measures must be approved by the Division before building
inspections are authorized or completed.
[b]
Approval shall be requested upon final stabilization of all
sites with disturbed areas before removal of controls. Final building
inspection approvals may not be authorized until the final stabilization
approval by the Division is made.
[8]
Certification by the owner or developer that any clearing, grading,
construction, or development, or all of these, will only be done pursuant
to this plan as approved and that responsible personnel involved in
the construction project will obtain a Certificate of Training at
a Department of the Environment approved training program for the
control of sediment and erosion prior to commencement of the project.
[9]
Any additional information or data deemed appropriate by the
District.
A.
Permit requirements. Once an erosion and sediment control plan has been approved pursuant to § 38-4, a grading permit must be issued for each site by the Division before any clearing and grading may proceed. The grading permit shall be posted on site in a conspicuous location.
B.
Permit expiration and renewal. The grading permit shall expire two
years from the date of issuance unless extended or renewed by the
Division. Application for permit renewal shall be made in writing
at least two months prior to the permit expiration date. The duration
of the extension shall be determined by the Division Chief or the
Chief's designee. In no case shall the term of the extension
exceed one year. If deemed necessary by the Division, the erosion
and sediment control plan shall be resubmitted to the District for
review prior to extension or renewal.
C.
Permit fee. A permit fee schedule may be established by the Calvert
County Board of County Commissioners for the administration and management
of the erosion and sediment control program. The fee shall be due
and payable prior to issuance of the grading permit. Capital improvement
projects for the Board of County Commissioners, including but not
limited to refuse disposal areas, sanitary landfills and public works
projects shall be exempt from the permit fee.
D.
Permit suspension and revocation.
(1)
The Division may suspend or revoke grading permit(s) after providing
written notification to the permittee based on any of the following
reasons:
(a)
Any violation(s) of the terms or conditions of the approved
erosion and sediment control plan or permit;
(b)
Noncompliance with violation notice(s) or stop-work order(s)
issued;
(c)
Changes in site characteristics upon which plan approval and
permit issuance was based; or
(d)
Any violation(s) of this chapter or any rules and regulations
adopted under it.
(2)
An action to suspend or revoke a permit under this section does not
preclude the Division from imposing other enforcement or punitive
measures as provided by law.
E.
Permit conditions. In issuing the grading permit, the Division may
impose such conditions thereto as may be deemed necessary to ensure
compliance with the provisions of this chapter or the preservation
of the public health and safety.
F.
Continuous maintenance of work performed. The owner of any property
on which grading or other work has been made pursuant to a permit
granted under the provision of this chapter shall continuously maintain
and repair all graded surfaces and erosion control facilities, retaining
walls, drainage structures or means and other protective devices,
plantings, and ground cover; installed or completed.
A.
Performance security. In cases where a grading permit is issued without
one or more accompanying building permits for the site, the permittee
shall furnish security in the form of a surety or cash bond, irrevocable
letter of credit, or other means of security acceptable to Calvert
County. The security shall be 125% of the amount necessary to cover
the cost of the installation of the sediment and erosion control measures
as shown on the approved sediment and erosion control plan and stabilization
of the site. The security shall remain in effect for the life of the
permit.
B.
Stabilization security. When it has been determined by the Division Chief or the Chief's designee that permanent stabilization of a site is not immediately possible due to adverse weather conditions (i.e., excessive rainfall, frozen soil), the permittee shall furnish the security specified in Subsection A. A security shall only be accepted under the conditions outlined above and shall not be issued as a matter of convenience. The security shall be 125% of the amount necessary to stabilize the disturbed area on the site. This bond shall be held until such time as weather permits permanent stabilization to be undertaken. The duration of the bond shall be determined by the Project Management and Inspections Division Chief or his designee. The requirements of this section do not relieve the developer of having to provide temporary stabilization for the site.
A.
Inspection frequency and reports.
(1)
The permittee shall maintain a copy of the approved erosion and sediment
control plan on site.
(2)
The permittee shall notify the Division of the start up date of the
project at least 48 hours in advance thereof.
(3)
On all sites, the permittee shall request at least 48 hours in advance
of the anticipated completion date that the Division inspect work
completed at the stages of construction specified below to ensure
accordance with the approved erosion and sediment control plan, the
grading permit and this chapter.
(a)
Upon completion of installation of perimeter erosion and sediment
controls, prior to proceeding with additional earth disturbance, grading
or any construction; and
(b)
Upon final stabilization before removal of sediment controls.
Other building or grading inspection approvals may not be authorized
until the final stabilization approval by the Division is made.
(4)
Every active site having an approved erosion and sediment control
plan should be inspected for compliance with the plan on the average
once every two weeks.
(5)
Inspectors shall prepare written reports after every inspection.
The inspection report shall describe:
B.
Right of entry. It shall be a condition of every grading permit that
the Division and any other county agency concerned with the administration
or enforcement of this chapter has the right to enter the property
periodically to inspect for compliance with this chapter.
[Amended 5-28-2002 by Ord. No. 21-02]
C.
Modification to erosion and sediment control plans.
(1)
The District and the Division may revise approved plans as necessary.
The permittee shall be notified in writing of any major revision which
the Division or District may require.
(2)
Modifications may be requested by a permittee. Requests for major
modifications to approved plans shall be made in writing to the District.
Major modifications shall require plan resubmittal for review by appropriate
county agencies. Major revisions include but shall not be limited
to conflicts between designed practices and field conditions, changes
in the limit of work, encroachment on specified buffers, addition
or deletion of sediment basins, and substitution of noninterchangeable
erosion and sediment control practices.
(3)
When inspection of the site indicates the approved erosion and sediment
control plan needs modification, the modification shall be made in
compliance with the erosion and sediment control criteria contained
in the Standards and Specifications as follows:
(a)
The permittee shall submit requests for major modifications
to approved erosion and sediment control plans to the District to
be processed appropriately. This processing includes modifications
due to plan inadequacies at controlling erosion and sediment as revealed
through inspection.
(b)
The inspector may approve minor modifications to approved erosion
and sediment control plans in the field, as agreed to by the Division
and District through a meeting of understanding, if documented on
a field inspection report.
D.
Complaints. The Division shall receive complaints and initiate enforcement
procedures when violations are confirmed. Any complaint received shall
be acted upon, routinely within three working days and the complainant
shall be notified of any action or proposed action routinely within
seven working days of receipt of the complaint.
A.
Violations defined. A person is in violation of this chapter and
is liable for the sanctions in this section if the person:
(1)
Clears, grades, transports or otherwise disturbs land without first
installing erosion and sediment controls in accordance with a plan
approved under this chapter;
(2)
Fails to establish erosion and sediment controls in accordance with
an approved plan within the time specified by a Division order;
(3)
Performs erosion and sediment control work that does not comply with
or conform to a permit or approved plan;
(4)
Fails to maintain erosion and sediment controls in accordance with
an approved plan; or
(5)
Fails to comply with any other provision of this chapter.
B.
Forfeiture of security.
(1)
If the Division deems it necessary to obtain forfeiture of any security posted pursuant to § 38-6 for any noncompliance with a permit or approved plans, a notice of noncompliance shall be sent to the permittee and the surety.
(3)
If the corrections required by the notice are not commenced and diligently
pursued within five days of notice and continued thereafter:
C.
Stop-work notice.
(1)
The Division shall issue a stop-work notice to:
(a)
A permittee who does not act on a notice of noncompliance issued pursuant to Subsection B within the time set forth in said notice;
(b)
Any person who undertakes erosion and sediment control work
without first obtaining a permit; or
(c)
Any person who is performing erosion and sediment control work
which is creating an adverse control situation which the Division
inspector deems to be of a critical environmental nature.
(2)
The stop-work notice is to be posted on the work site, and the Division
shall attempt to deliver the notice to the permittee, the person actually
performing the work, or the owner of the property, as appropriate,
by any means reasonably calculated to effectuate delivery.
(3)
Once the stop-work notice is posted on the work site, no further
work shall be permitted on the site other than as necessary to correct
the noncompliance.
D.
Denial of other permits or inspections.
(1)
When the Division determines that a permittee is not in compliance
with the provisions of a grading permit or an approved sediment and
erosion control plan, the Division may request that the Inspections
and Permits Division of the Department of Public Works:
(2)
When the noncompliance has been corrected, inspections and permit
issuance shall be resumed according to normal procedures.
E.
Civil citation and fines.
(1)
On verification of a violation of this chapter, a Division inspector
may issue a civil citation to the person, including a contractor,
deemed responsible for committing the violation. The citation shall
serve as a notification to the person concerned that the person has
been assessed a civil fine that is due and payable to Calvert County,
subject to the person's right to stand trial.
(2)
The citation shall be on a form adopted by the Board of County Commissioners
of Calvert County, which shall include:
(a)
The date of issuance of the citation.
(b)
The name and the address of the person charged.
(c)
The section number of the chapter that has been violated.
(d)
The nature of the violation.
(e)
The place where and time when the violation occurred.
(f)
The amount of the civil fine assessed.
(g)
The manner, location and time period in which the fine is to
be paid.
(h)
Where applicable, the notice that each day of continued violation
thereafter shall be deemed a separate violation subject to additional
citation.
(i)
The name, business address and telephone number of the county
official cognizant of the case.
(j)
The person's right to elect to stand trial for the violation,
and instructions and timing necessary to exercise the right to stand
trial.
(3)
The citation is to be delivered in hand or by mail.
(4)
Each separate day of violation that remains uncorrected is a distinct
civil violation subject to an additional citation and fine in the
amount prescribed in this section.
(7)
Trial; notice.
(a)
A person who receives a citation may elect to stand trial for
the violation in the District Court of Maryland by filing with the
Division a notice of intention to stand trial.
(b)
The notice shall be filed with the Division at least five days
before the last date on which payment of the fine is due as set forth
in the citation.
(c)
On receipt of the notice of intention to stand trial, the Division
shall cause to be forwarded to the District Court a copy of the citation
and the notice of intention to stand trial.
(d)
On receipt of the citation, the District Court shall schedule
the case for trial and notify the Department of the trial date.
(8)
Failure to pay fine.
(a)
If a person who received a citation for a violation fails to
pay the fine by the date of payment set forth in the citation and
fails to file a timely notice of intention to stand trial, a formal
notice of the violation shall be sent to the person's last address,
if known. If the citation is not satisfied within 15 days from the
date of the notice, the person is liable for an additional fine not
to exceed twice the original fine. If, after 35 days, the citation
is not satisfied, the county may request adjudication of the case
through the District Court.
(b)
The District Court shall schedule the case for trial and summon
the defendant to appear.
(9)
The Board of County Commissioners shall designate the County Attorney
or the State's Attorney to represent the interests of the county
under this chapter and whose duty shall be to prosecute a civil violation
under this section.
F.
Liability for civil penalty related to cost of control and restoration.
(2)
Calvert County may bring a civil action to recover a civil penalty from a person who is liable under Subsection F(1) of this section in an amount equal to double the cost of:
G.
Special remedy for environmental harm.
(1)
If in the discretion of the County Engineer or designee of the County
Engineer there is imminent and substantial environmental harm because
of the instability of the site, the county may perform sufficient
work at the site to eliminate public safety problems and to provide
environmental stabilization and protection.
(2)
It is a condition of each grading permit that the County Engineer or designee of the County Engineer may enter the site to undertake work in accordance with Subsection G(1) of this section.
(3)
The cost of work performed by the county or its contractors under
the provisions of this section shall:
H.
Injunctions. The Board of County Commissioners of Calvert
County or any interested person may seek an injunction against any
person who violates or threatens to violate any provision of this
chapter.
I.
Criminal penalties. Any person who violates any provision of this
chapter is guilty of a misdemeanor, and upon conviction in a court
of competent jurisdiction, is subject to a fine not exceeding $5,000
or imprisonment not exceeding one year, or both, for each violation
with costs imposed in the discretion of the court. Each day upon which
the violation occurs constitutes a separate offense.
