(a) The Director must regulate waters of the state in the County according to state water quality standards and designated water uses set forth in state regulations If the Director finds that more stringent standards than those adopted by the state are necessary, such standards may be established by regulation adopted under Section 19-49(c).
(b) The Director may order:
(1) the abatement of any discharge and correction of any pollution of waters of the state in the County; and
(2) the abatement and correction of any degradation of riparian habitat and aquatic life, caused by a failure to design, install, operate, or maintain sediment control, stormwater management, or agricultural best management practices in accordance with an approved sediment control plan, stormwater plan, sediment control permit, Soil Conservation and Water Quality Plan, or plan for compliance.
(c) If illegal pollutant discharges from properties engaged in agriculture impair aquatic life or public health, cause stream habitat degradation, or result in water quality standards or criteria violations, the Department must pursue correction of these violations in conjunction with the Soil Conservation District and, if necessary, the state Department of the Environment. Abatement of any violations must be handled in accordance with a memorandum of understanding between the Department and the Soil Conservation District regarding the specific notification and enforcement procedures to be followed in cases of water pollution caused by agriculture.
(d) Best management practices used to comply with this Article must be designed, installed, operated, and maintained in accordance with sediment control plans, stormwater management plans, or sediment control permits approved by the Department of Permitting Services. Agricultural best management practices must be designed, installed, operated, and maintained in accordance with Soil Conservation and Water Quality Plans approved by the Soil Conservation District. (1994 L.M.C., ch. 31, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; , § 1; , § 2.)
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