Cecil County, MD Article VIII Administration and Enforcement

§ 312-21 Enforcement actions.

A. The inspection agency shall, through the authority of this chapter and COMAR 26.17.01, use enforcement action when erosion and sediment control violations occur.

B. Enforcement actions may include, but are not limited to:

(1) Issuance of a corrective action order;

(2) Issuance of a stop-work order, the extent of which is determined by the inspection agency;

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

(4) Referral for legal action.

C. The Department of Public Works may deny the issuance of any additional grading or building permits to an applicant when it determines that the applicant is not in compliance with the provisions of a grading permit, building permit or the approved erosion and sediment control plan.

D. The inspection agency and/or the Department of Public Works shall stop work on a site where land disturbance is occurring without an approved erosion and sediment control plan. Measures shall be required to be implemented to prevent off-site sedimentation.

E. The Department of Public Works shall stop work on a site where any development or activity is occurring which requires a grading permit, but such development or activity does not have an active grading permit issued for the site.

F. The inspection agency and/or the Department of Public Works stop work on a site if the grading permit or erosion and sediment control plan expires.

G. Any step in the enforcement process may be taken at any time depending upon the severity of the violation.

H. If at any time the Department of Public Works determines that an owner/developer, applicant or permittee has failed to execute grading, roadway, stormwater management, utility, or building construction in accordance with the approved erosion and sediment control plan, notice shall be sent to the owner/developer, applicant or permittee of noncompliance with the Cecil County Code. The notice shall be presumed received upon being mailed to the address of the owner/developer, applicant or permittee provided on the building permit, grading permit or approved construction plans three days after mailing. Until the required corrective actions have been completed or the necessary documentation submitted to the Department of Public Works' satisfaction, the Department of Public Works shall have the power to suspend review of any applications, permits or plans submitted by the owner/developer, applicant or permittee, suspend any of the permits issued to the owner/developer, applicant or permittee, withdraw or revoke any permits or plans issued to the owner/developer, applicant or permittee and/or deny further permits or plan approvals requested by the owner/developer, applicant or permittee.

§ 312-22 Violations and penalties.

A. 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 $10,000 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.

B. Any agency whose approval is required under this chapter or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this chapter.

C. In addition to any other sanction under this chapter, a person who fails to install or to maintain erosion and sediment controls in accordance with an approved plan shall be liable to the Cecil County Council or the state in a civil action, for damages in an amount equal to double the cost of installing or maintaining the controls.

D. Any governing authority that recovers damages in accordance with this section shall deposit them in a special fund, to be used solely for:

(1) Correcting, to the extent possible, the failure to implement or maintain erosion and sediment controls; and

(2) Administration of the sediment control program.

E. If at any time the Department of Public Works or any designated Code Enforcement Officer of the County determines that an owner/developer, applicant or permittee has failed to execute grading, roadway, stormwater management, utility, or building construction in accordance with the approved erosion and sediment control plans, notice shall be sent advising said owner/developer, applicant or permittee of noncompliance with the Cecil County Code. The notice shall be presumed received upon being mailed to the address of the owner/developer, applicant or permittee provided on the building permit, grading permit or approved construction plans three days after mailing. Until the required corrective actions have been completed or the necessary documentation submitted to the Department of Public Works' satisfaction, the Department of Public Works and/or any appropriate Code Official of the County shall have the power to suspend review of any applications, permits or plans submitted by said owner/developer, applicant or permittee, suspend any of the permits issued to said owner/developer, applicant or permittee, withdraw or revoke any permits or plans issued to said owner/developer, applicant or permittee and/or deny further permits or plan approvals requested by said owner/developer, applicant or permittee.

§ 312-23 Effective date.

This article shall take effect January 1, 2013.