§ 19-7. Permit conditions.

(a) The Director must attach any condition to each permit that is necessary to:

(1) prevent sedimentation to public or private property or a sewer, storm drain, or water course;

(2) prevent a land-disturbing activity from being hazardous to life or property;

(3) prevent an adverse environmental impact; and

(4) assure compliance with the plan.

(b) Each condition must be listed on or attached to the plan. These conditions may include requirements for a wall, drain, dam, structure, planting, erosion and sediment control devise, or necessary drainage easement.

(c) The Director must require each permittee to designate responsible personnel to take charge of on-site clearing, grading or sediment control associated with an approved land- disturbing activity. Any individual so designated must have completed a training program approved by the Administration.

(d) Responsible personnel must:

(1) inspect the site each week to assure compliance with the plan; and

(2) maintain a log which details the results of any inspection, assessment of conditions and maintenance of any sediment control device.

(e) The Director may require a permittee to provide an independent design professional to monitor and report to the Department on installation and maintenance of an erosion and sediment control device if a violation of the plan caused serious environmental impact to a watercourse or when a land-disturbing activity is taking place in an environmentally sensitive area.

(f) The Director must require a permittee to implement any reasonable precaution to prevent particulate matter from becoming airborne when any land-disturbing activity is planned in a potential asbestiform area. (1976 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 45, § 1; 1990 L.M.C., ch. 16, § 1; 1992 L.M.C., ch. 6, § 1; , § 1.)

Editor’s note—Section 19-7 is quoted in Wietzke v. The Chesapeake Conference Association, 421 Md. 355, 26 A.3d 931 (2011).