(a) Stream monitoring program.
(1) Program. The Director of Environmental Protection must design, develop, and implement a stream monitoring program as described in regulations adopted under this Chapter.
(2) Priorities. The Director of Environmental Protection must set priorities for monitoring subwatershed areas before development. Priorities must be based on anticipated timing of development within a 2-year period, as indicated by the Planning Director.
(b) Regulations; technical manual; environmental guidelines; performance goals. The Departments of Permitting Services and Environmental Protection, after consulting the Planning Board, must jointly adopt regulations, including a technical manual and necessary procedures, under method (2) to administer this Chapter. The Departments and the Board must carry out their functions under this Article in accordance with these regulations. The regulations must include:
(1) procedures and standards for preparing a water quality inventory, preliminary or final water quality plans, and a combined preliminary/final water quality plan;
(2) procedures to enhance coordination between the Department and the applicant where a wetland permit or water quality certification is also required;
(3) supplementary requirements for stormwater management and erosion and sediment control concept plans for special protection areas;
(4) criteria for distinguishing minor and significant amendments or modifications;
(5) standards for water quality protective measures during and after construction, including special restrictions or standards required for special protection areas;
(6) model language for an enforcement agreement or a homeowners association maintenance agreement;
(7) other appropriate program requirements consistent with this Article.
(c) Annual Report. The Directors of Environmental Protection and Permitting Services jointly must prepare an annual report, in coordination with the Planning Board, to the County Council that describes the effectiveness of best management practices and the observed impact of development on the biological integrity of streams in special protection areas. A copy of the report must be sent to the Planning Board and other responsible agencies.
(1) The Directors of Environmental Protection and Permitting Services may set a fee in an amount not to exceed the reasonable cost of administering, implementing, and enforcing their respective duties under this Article. The fee, including the time when it must be paid, must be set by regulation under Method (3). The Planning Board may set a fee under
Chapter 50. A person to whom this Article applies must pay the fees.
(2) The fees established under this subsection may be based on the size of a tract or other relevant factor and are intended to offset the cost of:
(A) permit review and enforcement of conditions; and
(B) monitoring of streams and best management practices to determine the impact of a particular development on stream water quality as well as the effectiveness of certain best management practices in maintaining stream water quality. (1994 L.M.C., ch. 32, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; , § 1; , § 2; , § 1.)
