Cecil County Department of Public Works Soil Erosion and Sediment Control Ordinance Chapter 248 of the Cecil County Code

To view the Cecil County Erosion and Sediment Control Code in .pdf format, click here.

[Note: This unofficial excerpt of the Cecil County Code is made available in this form for the convenience of interested parties and only the official Cecil County Code should be relied upon.]

Page 2 of (2) <<<Previous Page

§ 248-11 Suspension of permits

A. In the event that work performed does not conform to the provisions of the grading permit or to the approved plans and specifications or to any written instructions of the Maryland Department of the Environment (MDE) or Cecil County Department of Public Works, a written notice to comply shall be given to the permittee, with copies to the Cecil County Soil Conservation District. Such notice shall set forth the nature of the corrections required and the time within which corrections shall be made, not to exceed fourteen (14) days after receipt of notification; however, corrective action must be initiated within three (3) business days after receipt of notification, unless otherwise extended by action of the Maryland Department of the Environment or Cecil County Department of Public Works. Failure to comply with such written notice shall be deemed justification for suspension of the permit and shall require that all work stop, except that necessary for correction of the violation. Upon correction of the violation, the permittee may apply for a release of the suspension of the permit. Reinstatement of the permit will require payment of a reinstatement fee and all other outstanding fees.

B. The Maryland Department of the Environment or the Department of Public Works may post a site with an order directing the permittee to cease all land disturbing activity being performed under the sediment and erosion control plan approved by the Soil Conservation District when such activity does not conform to the specifications, including modifications thereof, of an approved plan or other conditions of the permit issued hereunder, provided that:

(1) Written notice to comply shall have been furnished to the permittee.

(2) Said notice includes the nature of the corrective measures required and time within which corrections shall be made.

C. The Maryland Department of the Environment or the Department of Public Works may also post any site with an order directing the owner or contractor to cease all land disturbing action which requires an approved sediment and erosion control plan but for which a plan has not been obtained.

§ 248-12 Permit cancellation

After suspension of a grading permit, if corrections required are not completed within the time period specified in 248-11A above, the permit shall be canceled. In the event of cancellation, any bonds or cash deposits posted with the County shall be used for work on the site to prevent erosion and to otherwise protect the site as approved by the Cecil County Soil Conservation District.

§ 248.13 Guaranty of completion

A. The permittee shall be required, prior to the issuance of a grading permit, to post with the County a cash deposit performance bond from an approved corporate surety or other collateral acceptable to the County in an amount equal to one hundred percent (100%) of the total cost of stormwater management and sediment and erosion control to guarantee that in the event that provisions of the permit are not completed satisfactorily or that the permit is canceled, the site can be restored to a condition meeting the minimum requirements of the standards for erosion control, such work and conditions to be approved satisfactory by the Cecil County Department of Public Works.

B. The requirements in Subsection A above may be waived by the Department of Public Works under the following circumstances:

(1) Where duplication of bonding requirements would exist.

(2) For all State or County-funded projects.

(3) For projects where the total estimated project cost is less than one thousand dollars ($1,000.).

(4) For projects where the work is performed under the standard sediment and erosion control plan for minor earth disturbance.

§ 248.14 Time Limitations

A grading permit shall be valid for a period of one (1) year from the date of issuance. Upon request and adequate justification of a permittee, the Department of Public Works may grant a six-month extension of validity.

ARTICLE V

Administration and Enforcement

§ 248.15 Inspections

A. The Maryland Department of the Environment shall be responsible for detecting violations of an approved designed site specific sediment and erosion control plan, requiring compliance with provisions of approved grading permits and initiating appropriate action against offenders. The Maryland Department of the Environment shall make a final on-site inspection when the work covered by an application is reported completed and shall forward its report to the Cecil County Soil Conservation District.

(1) The Maryland Department of the Environment shall make inspections at the following stages of work or as otherwise deemed appropriate.

(a) Prior to initiating any grading operations to inspect the natural site and to approve a written description of the sequence of construction. The permittee shall notify the Maryland Department of the Environment forty-eight (48) hours before commencing any land disturbing activity.

(b) Upon completion of preparation of ground to receive fill, but prior to beginning any placement.

(c ) Upon completion of final grading, installation of the permanent stormwater management facilities and erosion control facilities, but prior to any seeding, sodding or planting.

(d) Upon completion of installation of all vegetative measures and all work in accordance with grading permit.

(2) The Maryland Department of the Environment shall make any additional inspections deemed necessary and may waive any of the inspections listed above except the final on-site inspection.

B. The Cecil County Department of Public Works shall be responsible for inspection of all sites where the construction activity is authorized by the standard sediment and erosion control plan for minor earth disturbance. The Department of Public Works shall inspect the site at the following stages.

(1) Periodically during construction to ensure that the standard erosion control plan is being followed.

(2) Upon completion of the site, before the certificate of occupancy is issued.

(3) In response to complaint of a violation of this chapter for a site covered by the Cecil County Department of Public Works inspection authority.

C. The Cecil County Department of Public Works shall make any additional inspections deemed necessary and may waive any of the inspections listed above except for the final on-site inspection.

D. A certificate of occupancy for single lot sites shall not be issued until the Department of Public Works signs the certificate indicating that a final inspection has been approved.

E. In the event that final inspection is performed during the time when seeding is not recommended, other means of approved stabilization may be allowed. The Cecil County Department of Public Works reserves the right to accept a Letter of Intent for final stabilization by no later than a specified date. The minimum requirements prior to acceptance of a Letter of Intent will be that site grading (in accordance with any stormwater management requirements, as applicable), topsoil, temporary mulch, and silt fence be in place to the satisfaction of the Department of Public Works. Acceptance of a Letter of Intent is at the sole discretion of the Department of Public Works. Failure to comply with the requirements of the Letter of Intent shall result in a finding of non-compliance against the signatories of the Letter of Intent.

F. The Department of Public Works inspector shall maintain written reports after each inspection. The inspection report shall describe:

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

(2) Whether or not the plan has been implemented properly.

(3) Any practice deficiencies or erosion and sediment control plan deficiencies.

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

G. The Department of Public Works inspector 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 corrective action.

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

§ 248-16 Complaints

The Department of Public Works shall receive all formal complaints in writing and initiate enforcement proceedings when violations are confirmed. Any complaint received shall be acted upon routinely within three (3) working days, and the complainant shall be notified of any action or proposed action routinely within seven (7) working days of receipt of complaint.

§ 248-17 Violations and penalties

A. Any violation of this chapter shall be deemed a misdemeanor, and the person, partnership or corporation who is found guilty of such violation shall be subject to a fine not exceeding five thousand dollars ($5,000.00), or one (1) year of imprisonment for each and every violation.

B. Any agency whose approval is required under this chapter or any person in interest may seek an injunction against any person, partnership or corporation, whether public or private, violation or threatening violation of any provisions of this Article. Notice of violation of the provision of this Article shall be filed with the Maryland Department of the Environment, as well as with appropriate county agencies, including the Cecil County Soil Conservation District.

C. It shall be a condition of every grading or building permit that the inspection agency has the right to enter property periodically to inspect for compliance with this chapter.

D. At any time that the Department of Public Works or any designated Code Enforcement Officer of the County determines that a builder or developer has failed to execute grading, roadway, stormwater management, utility, or building construction in accordance with the approved sediment and erosion control plans, notice shall be sent to said builder or developer advising said builder or developer of said non-compliance with the Cecil County Code.  Said notice shall be presumed received upon being mailed to the address of said builder provided on the Building Permit, Grading Permit, or approved Construction Plans three days after mailing.  Until said violation has been corrected 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 or plans submitted by said builder or developer, suspend any of the permits issued to said builder or developer, withdraw any permits issued to said builder or developer, and/or deny further permits requested by said builder or developer.

E. For proposes of this section, "builder or developer" shall be defined to mean the party to whom the Building Permit or Grading Permit was issued (and its heirs, successors, and assigns) or to whom approval was granted for the construction plans and shall also include any party actually performing the work of construction therein.  The "builder or developer" shall also include any officer of any corporation, any partner of any partnership or any related corporation, partnership, limited-liability company or limited-liability partnership owned in whole or in part by any aforementioned party."

§ 248-18 Enforcement procedures

A. When the inspection agency or an inspector determines that a violation of the approved erosion and sediment control plan has occurred, the inspector shall notify the on-site personnel or the permittee, in writing, of the violation and describe the required corrective action and the time period in which to have the violation corrected.

B. If the violation persists after the date specified for corrective action the notice of violation, the inspection agency shall stop work on the site. The inspection agency shall determine the extent to which work is stopped, which may include all work on the site except that work necessary to correct the violation.

C. If reasonable efforts to correct the violation are not undertaken by the permittee, the inspection agency may deliver a citation to the permittee. A copy of the citation shall be retained by the inspector and shall bear certification attesting to the truth of the matters set forth. The citation shall contain:

(a) The name and address of the person charged;

(b) The nature of the violation;

(c) The place and time where the violation occurred;

(d) The actions being taken by the Department of Public Works (i.e., suspension of permit, cancellation of permit, referral for legal action, etc.);

E. The Department of Public Works may deny the issuance of any permits to an applicant when it determines that the applicant is not in compliance with the provisions of any building or grading permit or an approved erosion and sediment control plan. Furthermore, the Department of Public Works may also withhold inspections for those sites not in compliance with an approved erosion and sediment plan.

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

G. If a person is working without a permit, the inspection agency shall stop work on the site except activities necessary to provide erosion and sediment control, until such time as a Grading Permit is obtained and the site is brought into compliance.

§ 248-19 Permit fees

Fees shall be applied to the granting of grading permits, renewal of suspended or cancelled permits, and for the inspection of properties for compliance with the provision of this Ordinance. Follow-up inspections resulting for the inaction of a permittee on a previous inspection may be subject to fees. Fees for the above-described actions shall be established from time to time by Resolution of the Board of County Commissioners of Cecil County.

§ 248-20 Severability

If any portion of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall not affect the validity of the remaining portions of this Ordinance. It is the intent of the Board of County Commissioners of Cecil County that this Ordinance shall stand, even if a section, subsection, sentence, clause, phrase, or portion may be found invalid.

Page 2 of (2) <<<Previous Page 

[Note: This unofficial excerpt of the Cecil County Code is made available in this form for the convenience of interested parties and only the official Cecil County Code should be relied upon.]