Wicomico County, MD Article VI Inspection

§ 140-17 Inspection.

The Administration is responsible for the inspection and enforcement of all land disturbing activities, including those sites requiring an erosion and sediment control plan as specified by this chapter. This enforcement authority may be delegated to the Wicomico County Soil Conservation District through a request by the Wicomico County Soil Conservation District or required as a condition of a National Pollutant Discharge Elimination System (NDPES) municipal separate storm sewer system permit. This section applies to the Administration, or Wicomico County Soil Conservation District, if delegated enforcement authority.

§ 140-18 Inspection frequency and reports.

A. The owner/developer shall maintain a copy of the approved erosion and sediment control plan on site.

B. Every active site having a designed erosion and sediment control plan should be inspected for compliance with the plan on average once every two weeks.

C. A written report shall be prepared by the inspection agency after every inspection. The report shall describe:

(1) The date and location of the site inspection;

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

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

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

(5) If applicable, a description of any modifications to the plan.

D. The inspection agency shall notify the on-site personnel or the owner/developer in writing when violations are observed, describing:

(1) The nature of the violation;

(2) The required correction action; and

(3) The time period in which to have the violation corrected.

§ 140-19 Right of entry.

It shall be a condition of every approval that the inspection agency has the right to enter property periodically to inspect for compliance with the approved plan and this chapter.

§ 140-20 Complaints.

The inspection agency shall accept and investigate complaints regarding erosion and sediment control concerns from any interested parties and:

A. Conduct an initial investigation within three working days from receipt of the complaint;

B. Notify the complainant of the initial investigation and findings within seven days from receipt of the complaint; and

C. Take appropriate action when violations are discovered during the course of the complaint investigation.

§ 140-21 Enforcement.

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 Wicomico County Soil Conservation District may deny the issuance of any approvals to an applicant when it determines that the applicant is not in compliance with the provisions an approved erosion and sediment control plan.

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