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.
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.
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.
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.
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.
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.
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.
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.
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.