# COMCOR — Chapter 19. Erosion, Sediment Control and Stormwater Management - Regulations ## Sec. 19-10 Performance Bond - Regulations ### COMCOR 19.10.01 Certificates of Guarantee for Erosion and Sediment Control and Stormwater Management #### 19.10.01.01 In accordance with procedures authorized in Chapter 19, Article I, title "Erosion and Sediment Control" Sections 19-10 and 19-17, Article II, title "Stormwater Management", Sections 19-31 and 19-32 of the Montgomery County Code 1984, as amended, the following Executive Regulation pertains to the establishment and use of Certificates of Guarantee to satisfy the requirements of Chapter 19, Sections 19-10 and 19-32 of the Montgomery County Code 1984, as amended. #### 19.10.01.02 Procedure for Approval to Issue Certificates of Guarantee A. Any organization interested in applying to the Department of Environmental Protection (DEP) for approval to issue Certificates of Guarantee, pursuant to Chapter 19, Sections 19-10 and 19-32 of the Montgomery County Code, 1984, as amended, must submit to DEP a written request for such approval. The written request must be signed by the president or chief executive officer of the organization. The written request must set forth each of the Application Standards, as listed below, and must explain in detail how the applicant meets or exceeds each Application Standard. B. Application Standards: 1. Structure of Approved Organization: a. The organization must be incorporated under the laws of the State of Maryland and must be in good standing under said laws at the time of application. The organization must file a copy of its charter with DEP. It is the duty of the organization, once approved, to file copies of all charter amendments with DEP, and ensure that its corporate charter is not forfeited or revoked during the time it is issuing Certificates of Guarantee. b. The principal office of the organization must be located in the State of Maryland and the address must be listed on the application. c. The organization must have a resident agent, as required by Maryland Corporation Law. The organization must inform DEP on the application of the resident agent's name and address. It is the duty of the organization, once approved, to notify DEP of all changes in the resident agent's name and address. d. The organization must have adopted working by-laws, copies of which must be filed with DEP. It is the duty of the organization, once approved, to file copies of any changes to the by-laws with DEP. e. The organization must have a board consisting of not less than three (3) directors. The board of directors is responsible for setting the policy of the organization. Additionally, the board of directors is responsible for admitting new members (although it may delegate this responsibility to a specific committee), suspending or terminating existing members, approving project applications, and taking action with respect to members who are experiencing difficulty in connection with an individual project. f. The officers of the organization must be elected at least annually and must consist of at least a president and a secretary/treasurer. The president presents such matters to the board of directors (as require board approval) and controls and directs the activities and business of the organization through its executive officer and staff. The treasurer is responsible for reporting the financial condition of the organization, submitting an annual budget for the board's approval, and obtaining an annual audit of the organization's financial records. The secretary is responsible for keeping the minutes of the Board of Directors and preserving them as a permanent record. g. The organization must have an executive officer who is responsible for handling the routine or day-to-day affairs of the organization. h. The organization must employ legal counsel who is admitted to practice before the Court of Appeals of Maryland. It is the duty of the organization to notify DEP of the name, address and telephone number of its legal counsel on the application and whenever the legal counsel changes. i. The organization must maintain normal business hours, from approximately 9:00 a.m. to 5:00 p.m., five days a week, weekends and holidays excepted. The office must have a listed telephone number which is operational during business hours. j. The organization or its members must be able to demonstrate experience and technical competence in the supervision of .the construction of public and private improvements in connection with the development of property for residential, commercial or industrial use, including, without limitation; grading, street and road construction, sediment control and stormwater management (hereinafter referred to as Guaranteed Work). 2 . Meetings: a. The organization must hold its annual meeting at a date, time and place which has been communicated in writing to DEP at least twenty (20) days in advance. DEP may, at its discretion, send a representative to the annual meeting. b. The organization must hold regular meetings, on at least a monthly basis, at a date, time and place which has been communicated in writing to DEP at least ten (10) days in advance of each meeting. DEP may, at its discretion, send a representative to any or all of such meetings. c. The organization must maintain at its business office, a corporate record book which contains, inter alia, minutes of all the organization's meetings signed by the secretary. The corporate record book must be open for inspection, during business hours, to a representative of DEP. d. At the regular and annual meetings the business of the organization must include the admission of new members to the organization, suspension or termination of members of the organization, consideration and approval of applications by members for a Certificate of Guarantee and consideration of any pending Certificates of Guarantee in which the organization has been informed that a member of the organization is experiencing difficulty in construction of the Guaranteed Work. 3. Financial Responsibility: a. The organization must have monetary assets of at least 5% of the total amount of the outstanding Certificates of Guarantee. The cost of the Guaranteed Work is as set forth in the permit issued by Montgomery County. b. The organization must hold the aforesaid monies, in a federally or state insured interest-bearing account as determined by the board of directors. c. The organization must, at the request of DEP, from time to time, promptly inform DEP of the amount of monies being held by the organization and the manner in which said monies are being held. d. The organization must employ a certified public accountant to prepare an annual profit and loss statement. Monthly financial reports may be signed by the organization's vice-president or treasurer. A copy of these financial documents must be forwarded, upon completion, promptly to DEP. 4. Membership: a. In those cases where the organization is wholly owned by a parent corporation, the organization may require, as a condition of membership in the organization, that the member also be a member in good standing of the parent corporation. Said parent corporation may restrict membership in the parent corporation to those members who share a common business purpose, e.g., builders or developers, provided said restriction has a rational basis, and further provided there is no discrimination among prospective members based on race, creed, color, sex, age or national origin. C. Review and Approval of Applications by DEP: Upon receipt of the written application from an organization for approval to issue Certificates of Guarantee, and upon receipt of any and all additional information which DEP may reasonably require, DEP must, within thirty (30) days, notify the applicant, in writing, of the director's decision. Any decision not to approve an organization must contain a written explanation of the reason or reasons for disapproval. Any organization aggrieved by the Director's decision may submit further written material to the director in writing within ten (10) days from receipt of the decision of disapproval. Upon reconsideration by the Director a written decision must be issued to the organization, in writing, within fifteen (15) days after receipt of the written materials. The decision of the Director is final except for further judicial review otherwise provided by law. #### 19.10.01.03 This regulation will take effect 30 days after the date of adoption by the County Council. ### COMCOR 19.10.02 Erosion and Sediment Control Rules and Regulations #### 19.10.02.01 Under procedures authorized in Chapter 19, Article I entitled "Erosion and Sediment Control," Sections 19-10 and 19-17, and in Chapter 2A, Section 2A-15, of the Montgomery County Code 1972, as amended, the following Executive Regulation pertains to Sediment Control Plans and all land disturbing activities as defined by Chapter 19. Definitions of the terms used in these Regulations are provided in Chapter 19, Sections 19-1 and 19-21. #### 19.10.02.02 All land disturbing activities and sediment control plans must comply with these Rules and Regulations. Any violation of these provisions is a violation of Chapter 19. A person must not violate the provisions of Chapter 19 or these Rules and Regulations. #### 19.10.02.03 General Administration - Erosion and Sediment Control Plans A. The plans submitted by the Applicant must be designed to minimize sedimentation on any off-site property, and in storm drains and watercourses. The plans must show on-site grading and drainage control designed in a manner to prevent off-site property damage. The review of sediment control plans may include on-site field evaluation. B. The Department must not approve any plan unless the plan meets the provisions of Chapter 19 and these Rules and Regulations. If the plan is not approved as submitted, the Department must give timely written notification of the deficiencies to the applicant. C. Erosion and Sediment Control plans for specific sites must be prepared by a professional engineer or land surveyor unless prior written approval of preparation by another person has been granted by the Department. D. In addition to approval by the department, the Maryland National Capital Park and Planning Commission (M.N.C.P.P.C) must approve erosion and sediment control plans for facilities that are to be located on property owned by or to be dedicated to the M.N.C.P.P.C.. E. The following information, proposals, and supporting certifications must be submitted with the Erosion and Sediment Control (SC) Plans. The SC plan must be submitted with 2 prints for review. Other information may be submitted as separate items as per the checklist below. A reproducible must be submitted once the plan is ready to be approved. Items may be added to or deleted from this list if deemed necessary by the Department. 1. Sediment Control Application (retain pink copy for applicant's record) 2. 1F-1 form 3. Vicinity sketch, legend, scale, north arrow (Show on SC plan). 4. Title block by subdivision name, lot, block or other legal descriptive title (Show on SC plan). 5. Boundary line outline, ownership and total acreage of property for which work is to be performed. (Show on SC plan, where applicable). 6. Delineation of total area to be disturbed (Show on SC plan). 7. Existing and proposed elevations and contours on the site. A 2' contour interval must be used, unless otherwise specified by the plan approval agency. (Show on SC plan). 8. Existing and proposed improvements to the property; including, but not limited to: streets, parking lots, utility installations, buildings, retaining walls, and other structures (Show on SC plan). 9. Delineation of the 100-year floodplain. No fill or permanent structures are permitted within the confines of the 100-year floodplain without a floodplain district permit (Show on SC plan). 10. Grade establishment plans and profiles for public streets, where applicable, as submitted to the Montgomery County Department of Transportation (1 copy). 11. Storm drainage study including drainage area map, computations, and scale. Delineate contributory subdrainage areas within and outside of the site. Indicate the flow of a 10 year storm (Q10) for any area served by an existing or proposed on-site drain or channel (2 copies). 12. Show how all storm drainage is handled. Where public storm drainage is involved, Montgomery County Department of Transportation must review for issuance of storm drainage permits. Show receiving channel profile and typical cross-section. Indicate velocity of Q10 storm flows at pipe outfalls, outfall structures and receiving channels at the property line. Show existing and proposed contours for a minimum of 100 feet below storm drain outfalls (show on SC plan). 13. On projects requiring on-site stormwater management, the Stormwater Management Rules and Regulations adopted pursuant to Article II of this Chapter apply. 14. Sediment control measures must be designed to minimize erosion and off-site sedimentation from start of land disturbance to establishment of permanent stabilization. Sediment control measures must be located so that construction during the approved phase will not interfere with the function of that measure. (Show on SC plan). 15. Sediment control measures must not be constructed within 20 feet of any building foundation. A building permit must not be issued for construction within 20 feet of a sediment control measure unless removal of the measure is approved by the Department. (show on SC plan). 16. The plan must include a construction sequence that requires clearing for, installation and approval of required sediment control measures prior to commencing any other land disturbing activity. Installation of storm drainage, utility construction, installation/conversion of stormwater management structures, temporary and permanent stabilization must be included in the sequence with other construction activities. The sequence must specify removal of sediment control measures only with prior inspection and permission. (show on SC plan). 17. Temporary diversion of all storm drain outfalls into sediment trapping devices is encouraged. Diversion is required when the off-site drainage area to a storm drain system does not exceed 50% of the on-site drainage area to that system. This requirement may be waived if the Department determines that site conditions make the practice impossible (show on SC plan). 18. Sediment control measures must be detailed on the drawings in accordance with the Standards and Specifications (show on SC plan). 19. On projects incorporating sediment basins, the following information must be submitted: a. Specific location of the dam (show on SC plan); b. Plan view of the dam and the storage basin (show on SC plan); c. Cross section and profile of dam, emergency spillway, and principal spillway. (show on SC plan); d. Specific details, notes, and construction specifications (show on SC plan); and e. Run-off calculations for 10-year storm (show on design data sheet similar to that shown in the Standards and Specifications). 20. Temporary sediment basins and traps that pond water greater than nine (9) feet in width and eighteen (18) inches in depth must be surrounded by safety fence at least forty-two (42) inches in height with openings not greater than three (3) inches in width. This fence must be firmly anchored to posts no more than eight (8) feet apart and constructed in a manner to prevent sagging. (Show on SC plan). 21. Shoring, retaining walls, and other devices to safeguard public streets, alleys, or other properties or persons must be designed by a professional engineer, and meet accepted engineering standards. Federal regulations governing excavations, trenching, and shoring must be followed in the design of these supporting systems. 22. Erosion and Sediment Control Plans must include the following certifications: a. Owner/Developer's Certification: which certifies that all activities covered by the sediment control permit will be done in conformance with tne approved plan and that there will be a person responsible for sediment control on the construction project who has a current certificate of training at a Maryland Department of the Environment approved training program for the control of sedimentation and erosion. The certification must be dated and signed by the owner/developer. (Show on SC plan). b. Design Certification: which certifies that the plan has been prepared in accordance with the Standards and Specifications, and the Montgomery County Erosion and Sediment Control Rules and Regulations. The certification must be dated and signed by the professional engineer or land surveyor and registration number given. (Show on SC plan) c. Certification of cut and fill and disturbed area: which certifies the estimated amounts of fill, cut and disturbed area as shown on the approved plan. The certification must be dated and signed by the professional engineer or land surveyor and registration number given. (Show on SC plan). 23. Where protection of specimen trees and/or other vegetation is required, it must be shown on the plan. The method of protection must be specified with a detail or excerpt from the Standards and Specifications given (show on SC plan). 24. A temporary stabilization note must be placed on the plan that conforms with the requirements of paragraphs G and H of 19.10.02.04 of these Rules and Regulations (Show on SC Plan). 25. After the plan has been reviewed by the Department, the owner must be notified in writing as to fee and bond required. The appropriate forms for bonding and easement will be mailed, along with the fee and bond notice. 26. When the above requirements have been satisfied and the plan is approved, three (3) sets of prints (4 sets if stormwater management plans are required) must be submitted to the Department prior to issuance of permit. F. The Department may waive the requirement for scale plans or drawings if proposed land disturbing activity will comply with the limitations of the Small Land Disturbing Activities Agreement. Those limitations are as follows: 1. The property must not be disturbed more than 20,000 square feet for commercial, or 30,000 square feet for residential development at any one time; 2. Proposed impervious surfaces on the property must not total greater than 15,000 square feet; 3. Volume of earth movement on the property must be less than 1,000 cubic yards; and 4. No more than 3 contiguous lots or parcels must be approved for development at one time under one ownership through use of this agreement. #### 19.10.02.04 Erosion and Sediment Control A. The permittee must notify the Department 48 hours before commencing any land disturbing activity and, unless waived by the Department, is required to hold a pre-construction meeting between the permittee or representative and an authorized representative of the Department. B. The permittee must: (1) construct all erosion and sediment control measures as per the approved plan; (2) have them inspected by the Department prior to beginning any other land disturbances; (3) ensure that all runoff from disturbed areas is directed to the sediment control devices; and (4) obtain permission from the department prior to removal of any erosion or sediment control measure. C. The permittee must direct water run-off from any land disturbing activity through an approved sediment control measure. D. The permittee must protect all points of construction ingress and egress to prevent the deposition of materials onto traversed public thoroughfare(s). This may be accomplished by installing and maintaining a stabilized construction entrance, or by washing all vehicle wheels in a safe disposal area. All materials deposited onto public thoroughfare(s) must be removed immediately. E. The permittee must periodically inspect and maintain all erosion and sediment control measures in continuously effective condition until they are removed with permission from the Department. F. The permittee must fence the perimeter of all temporary sediment basins or traps, which pond water in a pool greater than nine (9) feet in width or eighteen (18) inches in depth, with a safety fence greater than forty-two (42) inches in height and openings no greater than three (3) inches in width. The fence must be firmly anchored to posts no more than eight (8) feet apart and be constructed to prevent sagging. G. All slopes steeper than 3:1, basin or trap embankments, and perimeter dikes must be stabilized with sod, seed and anchored straw mulch, or other approved stabilization measures, within seven (7) calendar days of establishment. Areas disturbed outside of the perimeter sediment control system must be minimized and immediately stabilized. Maintenance must be performed as necessary to ensure continued stabilization. H. The permittee must apply sod, seed and anchored straw mulch, or other approved stabilization measures to all disturbed areas within fourteen (14) calendar days after stripping and grading activities have ceased on that area. Maintenance must be performed as necessary to ensure continued stabilization. Active construction areas, such as borrow or stockpile areas, roadway improvements, and areas within fifty (50) feet of a building under construction, may be exempted from this requirement, provided that erosion and sediment control measures are installed and maintained to protect those areas. During the months of November through February, when seeding and sodding are found to be impractical, an approved anchored mulch must be applied. In these cases, seeding must be completed prior to the following April 15. I. Prior to removal of sediment control measures, the permittee must stabilize all contributory disturbed areas using sod or an approved permanent seed mixture with required soil amendments and an approved anchored mulch. Wood fiber mulch may only be used in seeding season where the slope does not exceed 10% and grading has been done to promote sheet flow drainage. Areas brought to finished grade during the seeding season must be permanently stabilized within fourteen (14) calendar days of establishment. When property is brought to finished grade during the months of November through February, and seeding and sodding is found to be impractical, an approved anchored mulch must be applied to critical areas. The final permanent stabilization must be completed prior to the following April 15. J. The Department must inspect all permitted land disturbing activity, except where waived under Chapter 19, Subsection 19-12(g), and may require the permittee to obtain testing, special inspections, and professional certification, and/or to submit "as-built" plans to ensure that construction has been done in conformance with provisions of the approved plan and applicable standards and specifications. Where testing, special inspections, and professional certification, or "as-built" plans are required, reports documenting acceptability of the work must be submitted to the Department within a specified time. K. The Department must withhold issuance of a completion certificate for release of the performance bond or other instrument for those projects requiring testing, special inspection, professional certification, and "as-built" plans until all of the above have been accepted by the Department. L. When the approved erosion and sediment control plans include sediment basins, inspection is required at the following stages of construction: 1. Stripping of area under embankment; 2. Core trench excavation; 3. Installation of riser and pipe spillway; 4. Backfill of riser and pipe spillway; 5. Emergency spillway construction; 6. Outlet protection; and 7. Final stabilization. Additional inspections may be required if needed to assure compliance with the approved plan and specifications. Construction must not proceed to the next stage until each inspection has been made and approved by this Department or inspected and certified as provided for in Chapter 19, Subsection 12(g). In either case, this Department must be notified twenty-four (24) hours prior to each required inspection. M. The site, work, materials, plans, and test reports must be available at all times for inspection by duly authorized officials of Montgomery County. N. Surface flows over cut and fill slopes must be controlled by either re-directing flows from traversing the slopes or by installing mechanical devices to lower the water downslope without causing erosion. Dikes must be installed and maintained at the top of cut or fill slopes until the slope and drainage area are fully stabilized. O. Permanent swales or other points of concentrated water flow must be stabilized with sod, or seed with an approved erosion control matting. P. Temporary sediment trapping devices must be removed within thirty (30) calendar days following establishment of permanent stabilization in all contributory drainage areas. Stormwater management structures used temporarily for sediment control must be converted to the permanent configuration within this time period as well. #### 19.10.02.05 Grading Control A. No permanent cut or fill slope with a gradient steeper than 3:1 is permitted in lawn maintenance areas. A slope gradient of up to 2:1 is permitted in low maintenance areas provided that those areas are indicated on the erosion and sediment control plan with a low-maintenance ground cover specified. Slope gradient steeper than 2:1 is not permitted with vegetative stabilization. B. The permittee must provide transition into the grade of the adjoining property at or before the boundary line. An exception may be given where a retaining wall is properly designed and built entirely on the property of the owner who creates the grading, or where that owner has a letter of authorization from the adjoining property owner to extend the slope into the adjoining property. #### 19.10.02.06 Drainage Control A. The permittee must not create a fill which causes water to pond on off-site or adjacent property, unless the fill is associated with an approved temporary sediment control structure, permanent stormwater management structure, or planned landscape structure. The permittee must first obtain ownership or easement for that use from the owner of the off-site or adjacent property. B. The permittee must install a splashblock at the bottom of each downspout unless the downspout is connected by a drain line to an acceptable outlet. C. For finished grading, the permittee must provide adequate gradients so as to: (1) prevent water from standing on the surface of lawns more than twenty-four (24) hours after the end of a rainfall, except in swale flow areas which may drain as long as forty-eight (48) hours after the end of a rainfall, and (2) provide positive drainage away from all building foundations or openings #### 19.10.02.07 Design Criteria The following design criteria are acceptable for use, and must be referenced or shown on plans submitted to the Department: A. The "1983 Maryland Standards and Specifications for Soil Erosion and Sediment Control," or any subsequent revisions; B. Storm Drain Design Standards and Specifications, by the Washington Suburban Sanitary Commission; C. Interim Storm Drain Design Criteria, by the Montgomery County Department of Transportation; D. SCS, Maryland Standards and Specifications for Ponds, Practice Code 378, revised; E. SCS Technical Release No. 55, Urban Hydrology for Small Watersheds; F. SCS Engineering Field Manual; and G. Interim Hydraulic Criteria for Design of Highways, by the Maryland State Highway Administration. #### 19.10.02.08 Effective Date This Executive Regulation will take effect 30 days after the date of adoption by the County Council.