§ 19-12. Inspections.

(a) Any authorized representative of the Department may enter any property permitted under this Chapter to inspect and enforce this Chapter.

(b) Land-disturbing activity requiring a permit must not proceed until the Department approves. All work must be performed in accordance with the sequence approved by the Department.

(c) The permittee must notify the Department 48 hours before beginning any land-disturbing activity and, unless the Department waives the meeting, must hold a preconstruction meeting with an authorized representative of the Department.

(d) The permittee must keep a copy of the approved erosion and sediment control plan and the permit available on the site for inspection by any authorized representative of the Department. Field markings showing limits of disturbance must be on site during any land-disturbing activity.

(e) Each site that has an erosion and sediment control plan must be inspected on average, every 2 weeks. Unless waived, the permittee must obtain an inspection by the Department at the following stages:

(1) after installing any sediment control measure or practice and before any other land disturbance;

(2) during the construction of any sediment basin or stormwater management structure, at each required inspection point;

(3) during rough grading, including hauling of any imported or wasted material;

(4) before removing or modifying any sediment control measure or practice; and

(5) after completing final grading, including established ground cover and planting, installation of any vegetative measure, and all other work required by the approved plan.

(f) If a person does not comply with this Chapter, the Department must inspect the work and notify the permittee and the responsible personnel in writing. The notice issued must at least state the nature of the violation, any practice or plan deficiency, required corrective action, and compliance time. Any part of the work that does not comply promptly must be corrected by the permittee. The Department may make additional inspections as it deems necessary, and may waive inspections, other than the final inspection under Section 19-14. The Department must maintain a permanent record of each inspection. That record must include the date, the location or project identification, whether the approved plan has been implemented and measures maintained, and, if a violation exists, the enforcement action taken.

(g) When approved plans developed under this Chapter show the use of temporary basins or permanent stormwater management structures, the Department may require the submission of supportive documents such as test results, as-built plans, or material certifications. If necessary, in addition to its own inspections, the Department may require any part of the construction of basins or structures to be inspected and certified by a licensed professional engineer or land surveyor. At the Director's option, the permittee may secure the services of a licensed professional engineer or land surveyor to inspect the construction of the facilities and provide the Department with a fully documented certification that all construction is done in accordance with the approved plan and all applicable rules, regulations and specifications. If a certification is provided to the Department, the Department may waive any inspection required under Section 19-12(e)(2) for that basin or structure. In these cases, the Department must be notified at the required inspection points and may make spot inspections.

(h) This Section does not restrict the Department from proceeding directly with any available alternative enforcement procedure under Section 19-69. (1976 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 1992 L.M.C., ch. 6, § 1; , § 1; , § 1.)

Editor's note—2011 L.M.C., ch. 17, §§ 2 and 3, state:

Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.