Implementation - Regulations

In accordance with the procedures authorized in Chapter 19, Article V, entitled "Water Quality Review - Special Protection Areas," Section 19-67, the following Executive Regulation applies to an application for approval of or significant amendment to, a development plan, diagrammatic plan schematic development plan, project plan, preliminary plan of subdivision, special exception, or site plan, in designated special protection areas.

Active Floodplain means the flat area adjacent to the channel constructed by the stream and overflowed by the stream at a recurrence interval of about two years or less.

Best Management Practices (BMP) means techniques that are most effective in eliminating or reducing the amount of pollution or other detrimental impact to a watershed or wetland.

Best Management Practices Monitoring Plan means a statement prepared by an applicant describing how the applicant will monitor and assess the effectiveness of its best management practices.

Bank Full Discharge means the water discharged when stream water just begins to overflow into the active floodplain.

Base Flow means that portion of the stream discharge that is derived from natural storage (i.e., groundwater outflow and the draining of large lakes and swamps or other sources outside the net rainfall that create surface runoff); discharge sustained in a stream channel, not a result of direct runoff, and without the effects of regulation diversion, or other works of man. Also called sustaining, normal, ordinary, or groundwater flow.

Baseline Stream Monitoring means biological, habitat, and physical/chemical monitoring conducted by the Department to assess and quantify stream conditions in special protection areas prior to development of these areas.

Cumulative Impact means the impact on water quality, stream habitat, and aquatic biological communities within a special protection area watershed which may result from the incremental impact of a development project when added to other past present and future developments within that watershed. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. Impacts may include beneficial and/or detrimental effects.

Development Impact Monitoring means the monitoring conducted by the Department to measure the effects that development projects occurring within special protection areas have on in-stream water quality, stream habitat and resident aquatic life.

Environmentally Sensitive Areas means areas having beneficial features to the natural environment, including but not limited to: steep slopes; habitat for Federal and/or State rare, threatened, and endangered species; 100-year ultimate floodplains; streams; seeps; springs; wetlands, and their buffers; priority forest stands; and other natural features in need of protection.

Index of Biotic Integrity is a measurement of the aquatic community's structure and function within special protection areas as compared to the aquatic community inhabiting the least impaired reference streams within a specific region.

Performance Goals mean goals that are established for development projects, located within special protection areas, to enhance protection of on-site water resources or other environmental features relating to those water resources. Performance goals for streams are expressed as narrative or numeric targets which represent biological, physical, and chemical measures of stream health to be achieved or maintained. Performance goals for best management practice effectiveness are expressed as narrative or numeric targets for achieving base flow preservation, peak storm flow reduction, and pollutant removal. Performance goals may also include measures that quantify the extent and effectiveness of public education measures to reduce the on-site generation on non-point pollution sources.

Reference Condition means the measurement of the biological community and the physical and/or chemical parameters found in the set of reference streams for Montgomery County.

Reference Stream means a stream, or a portion of a stream selected by the Department to define a reference condition for a water body that represents a minimally impaired stream.

Special Protection Area (SPA) means a geographic area where: 1) existing water resources or other environmental features directly relating to those water resources are of high quality or unusually sensitive; and 2) proposed land uses would threaten the quality of preservation of those resources or features in the absence of special water quality protection measures which are closely coordinated with appropriate land use controls.

Special Protection Area Conservation Plan means a plan developed by the Department for a special protection area, which identifies those natural resource parameters that must be protected to achieve and maintain a high level of water quality protection for SPA watersheds that, at a minimum, meet established State water quality standards as defined in COMAR 26.08.01-.04. SPA conservation plans are derived from baseline and reference stream monitoring conducted by the Department in accordance with the stream monitoring program, and, as deemed appropriate by the Department, from previously conducted water quality inventories, technical studies, and functional master plans which contain credible information on water quality, aquatic life, hydrology, and riparian conditions.

Standard Scientific Format means the orderly presentation of results of required stream and best management practice monitoring (e.g., goals, objectives, methods, materials, results, references) using the standard format for technical publications as presented in the scientific literature. (e.g., the North American Journal of Fisheries Management, American Fisheries Society.)

Stream Monitoring Plan means a statement prepared by the Department describing the location of monitoring stations and the nature, form, and frequency of monitoring to be conducted to evaluate the impacts of development on water resources in a special protection area. A plan must also describe what will be monitored with regard to: (a) faunal groups, (b) stream and riparian habitat features, (c) biological features, and (d) physical and chemical properties.

Stream Monitoring Program means activities conducted by the Department to carry out a stream monitoring plan for property in a special protection area, including:

The following requirements apply to a person proposing a land disturbing activity within a special protection area:

A. Privately owned property.

1. All persons proposing to disturb land within a SPA, except as provided by law, must submit, for review and approval, a water quality inventory which covers any portion of the project located within the SPA.

2. Except as exempted under 19.67.01.04, all persons proposing to disturb land within a SPA must also submit a preliminary water quality plan and a final water quality plan if they are:

A. Applicability. An applicant, unless otherwise specifically required to do so, need not submit a preliminary or final water quality plan if:

1. a project on agricultural, residential, or mixed use zoned property contains:

A. Applicability. A SPA conservation plan will be developed by the Department for each area designated as a SPA. The plan will be based upon the baseline and reference stream monitoring conducted by the Department in accordance with the stream monitoring program, and, as appropriate, upon the Department's review of other data derived from previously conducted water quality inventories, technical studies, and functional master plans which contain credible information on water quality, aquatic life, hydrology, and riparian habitat conditions. The SPA conservation plan will be used as guidance to develop site specific performance goals, and best management practices (BMP) performance goals.

B. Stream monitoring priorities. The Director, where possible, will establish priorities for monitoring subwatershed areas before development, based on the anticipated timing of development within a two year period, as indicated by the Planning Director. The Planning Director must notify the Director in writing at the time of initial designation of each SPA, and, on or around November I of each calendar year, indicate when development is anticipated, including its staging, within each SPA within the succeeding two years. Notification is intended to allow for the necessary time required to establish average baseline conditions supported by a minimum of two years of monitoring data prior to start of construction.

C. Stream monitoring program design.

1. The objective of the stream monitoring program is to determine the biological condition and stream channel characteristics of the watershed. Monitoring the development site during and after development activities enables the Department to link changes in the biological condition and stream channel characteristics to the performance of BMPs.

2. Stream monitoring protocols for each special protection area will be designed and developed by the Department to be as comparable as possible with other State, County, and Federal assessments of surface waters in the northern piedmont and coastal plain ecoregions in and around the County.

3. The stream monitoring program will include assessments of freshwater fish, benthic macroinvertebrates, aquatic habitat, stream channel characteristics, riparian habitat conditions, and other appropriate physical/chemical measurements.

4. Analysis of data by the Department will be based on comparisons to the set of minimally impaired streams (reference conditions) within the County or within adjacent areas of the same ecoregion.

D. Baseline monitoring and development Impact monitoring implementation.

1. Baseline monitoring data must be collected by the Department in anticipation of development within a special protection area subwatershed. Site selection for baseline information will be determined so that subwatershed water quality can be assessed.

2. When the precise locations of specific development projects are identified within a subwatershed, the Department will conduct development impact monitoring during and after development. Locations and number of monitoring stations will be contingent upon the size of the development, the location of the development in the subwatershed, and the anticipated location of structural and nonstructural BMPs. Development impact monitoring will commence after the final water quality plan is approved and prior to sediment control permit issuance.

A. Purpose. Performance goals will be established for each development application within a special protection area. Performance goals will be developed to implement the SPA conservation plan. Performance goals will be established to:

1. Protect, maintain, and restore water quality, natural stream environments, and the ecological balance of aquatic communities within the County;

2. Mimic natural watershed processes:

3. Stimulate innovative and integrated applications of site plan, sediment control, and stormwater management measures to limit changes to natural hydrology, reduce the on-site generation of pollutants that impact water quality, and mitigate impacts on adjacent and downstream conditions;

4. Develop better measures of assessing BMP effectiveness:

5. Seek improved best management practice designs with higher effectiveness to protect water quality and minimize maintenance; and

6. Protect downstream receiving waters.

B. Use of performance goals. The Department will establish performance goals for each development project. Performance goals will be based upon consideration of the development site location within the subwatershed, she topography and hydrology, presence of environmentally sensitive areas, and results of available baseline stream monitoring within the watershed. Where possible, numeric performance goals will be based on pre-development baseline monitoring results and parameters established in SPA conservation plans. BMP performance goals will be developed and evaluated using the most currently available and pertinent monitoring information and published research. Achievement of performance goals will be measured and analyzed using protocols or procedures for best management practices monitoring that the Department specifies to the applicant at the pre-application meeting and development impact monitoring conducted by the Department.

C. Nature of performance goals. Performance goals established for each project will vary based upon the above considerations. Following is a listing of types of performance goals that may be considered for each project, their rationale, and specific examples of how these goals may be expressed quantitatively or qualitatively depending upon the conditions that exist for a particular site.

1. Stream/Aquatic life habitat protection.

Rationale: To maintain, preserve, or improve the pre-development aquatic community.

Examples of goals:

A. Purpose. Prior to submission of the water quality inventory and formal plans for review and approval, the applicant must attend a pre-application meeting with the Department and the Planning Department. The pre-application meeting is required to provide the applicant with advance guidance concerning the development of acceptable preliminary water quality inventory or preliminary water quality plan submissions. At the meeting, representatives from the Department and the Planning Department will discuss with the applicant all available information received about the site and ways to achieve the performance goals.

The purpose of the meeting is to:

1. Present the applicant with the proposed performance goals that are to be used for the development of the site layout;

2. Discuss the conceptual approach and possible locations of preferred structural and nonstructural best management practice and their estimated suitability for achieving the performance goals;

3. Review monitoring protocols, and procedures to be followed by the applicant in developing a best management practice monitoring plan,

4. Review development impact monitoring protocols and procedures that will be used by the Department in development impact monitoring; and

5. Use innovative site layouts and linked best management practice options to maximize protection of water quality, stream habitat, and aquatic life.

B. Written request. The applicant must request the Director, in writing, to set up a pre- application meeting. The Director or designee will provide, within 10 working days of the receipt of the applicant's written request, written information regarding the time and location of the pre-application meeting, information required from the applicant for the meeting, and information to be provided by the Department and Planning Department for the meeting.

C. Submittals required. At a minimum, the applicant must supply three copies of these specific elements of the required water quality inventory at least 30 working days prior to the pre-application meeting:

1. Location and rating of infiltratable soils based on the latest edition of the soil survey for Montgomery County, Maryland. On-site soils analysis will be required with the applicant's formal submission of the water quality inventory.

2. Forest stand delineation and natural resources inventory to include:

A. Elements of Water Quality Inventory. The applicant's water quality inventory submission must include the following:

1. Stormwater Management Concept Plan. All stormwater management concepts must be designed in accordance with Chapter 19, Article II, Montgomery County Code, Maryland Law, and all associated regulations.

2. Sediment Control Concept Plans.

A. Elements of a Preliminary Water Quality Plan. Preliminary Water Quality Plans must include:

1. Water quality inventory.

2. Description of the proposed development project. This must be in tabular or note form and include:

A. Application submittal. Applications for water quality inventories and plans must be submitted concurrently to the Department and the M-NCPPC for review.

B. Public notice and request for Informational meeting. The Department shall give written notice of the submission of preliminary water quality plans for review and approval. The Department will conduct a public information meeting to review the submission and receive public input if requested to do so in writing within 15 days after notice is given. The applicant or designee must attend such meetings and be prepared to give information as requested.

C. Approval of Final Water Quality Plan. The Planning Board must not give final approval of a water quality plan until the Department gives its approval.

D. Instruments of security. The Department will require bonds, other financial instruments, or certificates of guarantee to be posted to insure compliance with the provisions of the regulations, including monitoring. The bonds, other financial instruments, or certificates of guarantee may be combined with sediment control and stormwater management bonds as allowed by Chapter 19, Articles I & II of the County Code.

E. Amendments and modifications. All modifications to an approved water quality plan are considered as significant amendments pursuant to Chapter 19, Article V, Section 19-65 (a)(3)(A)* and will be resubmitted for review and approval in accordance with 19.67.01.03 of the executive regulation, except for minor modifications where:

1. Field inspections or design evaluation reveal minor changes are needed; or

2. The changes do not significantly affect site layout; or

3. An emergency situation exists as determined by the Director.

All minor modifications will be handled through the Department or the Planning Department for any element within their respective jurisdiction as provided under Chapter 19, Article V, Section 19-65 (a)(3)(B) and (C).

F. Other elements required with stormwater management and sediment control permit applications. All development, as appropriate, must have a water quality plan with a complete water quality inventory approved by the Department at the time of detailed design plan submittal for stormwater management and sediment control permits. Any project where a wetland permit or a water quality certification is required by the State must have a valid water quality certification approved by the State prior to the issuance of the stormwater/sediment control permit.

G. Qualifications for persons submitting data under this Article. Preliminary and Final Water Quality Plan submissions should be submitted by a multi-disciplinary team of qualified professionals consisting of engineers, hydrologists, aquatic ecologists, and surveyors. Qualified professionals should possess the following minimum combinations of education, skills, and experience:

1. For submission of BMP design plans:

BMP plans submitted to the Department must be certified as meeting the requirements of this regulation and must be sealed by a professional engineer registered in the State of Maryland, or other qualified professional.

2. For submission of best management practice monitoring plans:

B.S. degree in aquatic ecology, biology, natural resources management, hydrology, engineering, or related field as determined by the Department, and five years combined experience in the following three areas:

Each final water quality plan must contain an enforceable agreement, including an approved financial security instrument, with the Planning Board and the Director, as applicable, requiring maintenance of all facilities required by the plan and best management practices monitoring.

This Technical Manual provides general guidance for carrying out the monitoring, data analysis, reporting work, and supplemental requirements as required to implement the requirements of this regulation. At the pre-application meeting the Department will provide detailed guidance on the specific monitoring procedures and protocols for the applicant to follow in carrying out the BMP monitoring plan, and any supplemental requirements that will be applied to each development project. The Department will develop these requirements based on review of the applicant's submittal of information required in advance of the pre-application meeting as specified in Section 19.67.01.07.C.

A. Required Monitoring/Water Quality Data Submission/Reporting Protocols.

1. Stream Monitoring Program.

This regulation takes effect immediately after adoption by the Montgomery County Council.

All roadway-construction projects, or any construction activity within the boundaries of a dedicated public right-of-way; or any complete or partial private road closure in urban areas; including roads, sidewalks/bikeways, curbs, gutters, and drainage systems; require a permit and will be charged a fee by the Department of Permitting Services.

A. General

1. Applications, including applications for revisions, must be accompanied by the permit fee or the filing fee as specified.

2. All remaining fees must be paid before permit issuance.

3. The estimated project cost is determined by the Director of the Department of Permitting Services based on average costs submitted on recent County capital-improvement project bids for comparable work or a current professionally prepared cost estimate for the average costs of such work. Information regarding estimation of construction costs can be found at this link:

http://permittingservices.montgomerycountymd.gov/DPS/bond/BondsEstimate.aspx

4. Where a maintenance of traffic or traffic control plan is required, a permit must be obtained for activity in the right-of-way; or for complete or partial closure of any private road in urban areas, and the permit fee must be paid before permit issuance.

5. The minor plat fee must be paid prior to Department approval.

6. The fee for a revision to an Engineered Public Right-of-Way Permit for changes of ownership is the minimum permit fee.

7. The fee for a change of legal description or other administrative revision to a Right of Way Permit after permit issuance is 50% of the minimum permit fee.

8. All fees noted in this regulation are subject to the Automation Enhancement Fee per COMCOR 08.24B.02.

9. A private road is considered to be completely closed if any section of the road has no lanes available for vehicular use. A private road is considered partially closed if at least one lane is available for vehicular use or when any portion of an abutting sidewalk is closed to pedestrian use. Additional standards apply to partial road closures of 15 days or more.

B. Work in Public Right-of-Way Permits

• Driveway Permits

1. Fee is 14.65% of the estimated project cost.

2. Non-refundable filing fee of $150 is required.

• Utility Permits

1. Under Roadway Work $0.775/LF, Minimum $775

2. Above Roadway Work (minimal or no trenching) $0.425/LF, Minimum $425

3. Aerial Work $0.425/LF, Minimum $425

4. House Connections $425/Connection

• Special Use and Roadway Occupancy Permits $215

(Includes dumpsters, cranes, storage container, temporary pedestrian access, partial closure of a private road for 14 days or less, and tree planting)

• Stump and Hazardous Tree Removal $0

(Includes removal of a roadside tree which has been determined by a licensed tree expert and approved by the Department to immediately endanger a person or property)

C. Engineered Public Right-of-Way Permits

• Roadway Grading Permit

• Paving Permit

• Storm Drain Permit

1. Fee is 14.65% of the estimated project cost, or $1,910, whichever is greater.

2. A nonrefundable filing fee of 50% of the estimated project cost or $1,910, whichever is greater is required.

3. Must include best available information on project costs when the initial application is submitted.

D. Traffic Management Plans and Private Road Closures $2,600

This fee applies to: 1. Maintenance of traffic plans in Central Business Districts; 2. Rights of way 80 feet or greater; 3. Work in any other area that is two weeks or greater in duration; 4. Any site specific non-standard workzone temporary traffic control plans. 5. A complete closure of a private road of any duration or partial closure of a private road of 15 days or more.

E. Minor Record Plats

1. For review and approval of Subdivision Record Plats created per requirements of Chapter 50 Section 35A for Minor Subdivisions.

2. Nonrefundable Filing Fee $500

F. Permit Revisions

1. Engineered Right-of-Way Permits

a. 14.65% of the estimated project revision cost, or $1,910, whichever is greater.

b. An engineered cost estimate, fully detailing estimated project cost, must accompany the revision application.

2. All Other Right of Way or Private Road Closure Permit Revisions $150

G. Public Right-of-Way Permit Extensions

1. Road and Right of Way construction permits are valid for a period of 18 months.

2. The fee to extend an Engineered Right of Way Permit is 15% of the total permit fee in effect when the extension request is submitted.

3. The fee to extend all other Right of Way Permits $150

A. General

1. Applications, including applications for revisions, must be accompanied by the permit fee or the minimum filing fee as specified.

2. All remaining fees must be paid within one year after permit issuance or before final inspection, whichever occurs first.

3. All Stormwater Management Concept fees, Floodplain Study fees and Floodplain-District Permit fees must be paid when the application is submitted or before the Department initiates reviews.

4. The fee for a revision to a Sediment Control Permit or a Floodplain District Permit for changes of ownership is the minimum permit fee.

5. The fee for a change-of-legal description or other administrative revision to a Sediment Control Permit or a Floodplain District Permit after permit issuance is 50% of the minimum permit fee for the permit type being revised.

6. All fees noted in this regulation are subject to the Automation Enhancement Fee per COMCOR 08.24B.02.

B. Stormwater Management Concept or SPA Water Quality Inventory

1. Fee at Submittal $2,765

2. Fee to Revise $1,385

C. Site Development SWM Plan Review $1,385

D. Stormwater Concept/Site Development Stormwater Plan Combo $2,765

E. SPA Water Quality Plan Review (Preliminary)

1. Fee at Submittal $815/Acre

2. Minimum Fee $2,765

3. Maximum Fee $16,300

F. SPA Water Quality Plan Review (Final) $1,385

G. SPA Water Quality Plan Review (Preliminary & Final)

1. Fee at Submittal $815/Acre

2. Minimum Fee $2,765

3. Maximum Fee $16,300

H. Other Revisions to Stormwater Concept Plans $1,385

I. Other Revisions to Water Quality Plans $1,385

J. Stream Monitoring $860/Acre

1. Fee must be paid before issuance of the Sediment Control Permit.

2. The fee will be calculated based on the total acreage of the site as shown on the approved record plat.

3. All fractions of acreage will be rounded to the nearest whole number.

4. If the acreage fraction is .5, the next higher whole number will be used.

5. The Department of Permitting Services collects this fee for the Department of Environmental Protection.

K. Sediment Control Permits

1. Engineered Permits

a. Fee is $.086 per square feet of disturbed area, or $1,910, whichever is greater.

b. A nonrefundable filing fee of 50% of the total permit fee, or $1,910, whichever is greater, is required when the application is submitted.

c. Fee to Revise is $.086 per square feet of additional disturbed area plus the Minimum fee of $1,910.

2. Engineered Permits for Single Family Lots

a. Fee at Submittal $1,910

b. Applies to work on one single family lot.

c. Does not apply to plans that include work on multiple lots or which include road construction.

d. Must be for single family use.

e. A Stormwater Concept Submission is not required.

3. Small Land Disturbance Activity Permits

a. Fee at Submittal $815

b. May be used for projects that do not require stormwater management.

c. May be used for single family residential lots when the disturbed area is less than 20,000 square feet or for the maintenance of existing stormwater management facilities unless otherwise approved by the Department.

4. Forest Harvest Activity Permits $815

5. Stormwater Management As-Built Plans

a. Fee at Submittal $1,910

b. Any extension fees will be due when the As-Built Plans are submitted.

6. Permit Extensions

a. The fee to extend an Engineered Sediment Control permit is 15% of the total permit fee in effect when the extension request is submitted. If an as-built plan has been submitted and approved, the fee is $210.

b. Initial Sediment Control permits are valid for 24 months.

c. The fee to extend all other Sediment Control permits $150

L. Floodplain District Permits

1. Fee at Submittal $900

2. One Year Extension Fee $135

M. Floodplain Studies

1. Fee at Submittal $1,140

2. A Floodplain Study may include a dam breach analysis.

A. General

1. Applications, including applications for revisions, must be accompanied by the permit fee or the minimum filing fee as specified.

2. All remaining fees must be paid before any subsequent submission for review or before permit issuance, whichever occurs first.

3. Permits are valid for a period of one year.

4. Permit fees are not transferable.

5. The fee for minor plan revisions is the Minor Plan Review Fee.

6. The fee for investigation, review and issuance of a permit to repair an existing sewage-disposal system is the Minor Plan Review Fee.

7. All fees noted in this regulation are subject to the Automation Enhancement Fee per COMCOR 08.24B.02, unless otherwise noted.

B. Conventional Percolation Tests Per Lot, Per Visit $780

C. Percolation Tests Per Lot, Per Visit, for Mound Systems $1,050

D. Water Table Level Checks, Per Visit $440

E. Individual Sewage Disposal Permit $1,200

F. Plans Review for Subdivision and Platted Lots and Revisions $510/Lot

G. Minor Plan Review and Environmental Health Survey $375

H. Partial Environmental Health Survey $235

I. Review Repair of Existing Sewage Disposal Systems $375

J. Septage Hauler Permit Inspection (Including Truck Inspection) $375

K. Septage Hauler Permit Inspection (Reciprocal Truck Inspection) $235

L. Permit Extensions

1. Fee at Submittal $170

2. Permits are valid for 12 months.

3. Upon written request a permit may be extended for an additional six months.

M. Well Permits $160

1. Not subject to Automation Enhancement Fee.

Filing fees and permit fees are based on fees in effect on the date the application was filed. All other fees are based on fees in effect when the service is requested (revision fee, extension fee, etc.).

A. Administrative Permit Application Revisions $70

B. Refunds

1. Filing fees are nonrefundable except in the case of an administrative error.

2. In the case of an abandonment or discontinuance of a project under permit, a refund of up to 50 percent of the fee paid (excluding filing fee) may be granted provided:

a. No construction has occurred, and

b. A written request for refund is made before the expiration date of the permit.

c. Revoked, suspended, or invalid licenses or permits, or permits or licenses in litigation are not eligible for refunds.

C. Bonding Alterations

Bonds must be posted for permitted projects under the applicable Code. Fees for alterations to a posted bond are as follows:

1. Fee to replace a Performance Bond, Irrevocable Letter of Credit, Cash Bond or Certificate of Guarantee $140

2. If the purpose of the replacement is to reduce the amount of the instrument due to partial completion of work, the fee for the partial reduction is $280

D. Expedited Plan Reviews

1. Fee is 25% of total permit fee.

2. Per COMCOR 08.24B.01.

The Director of Permitting Services must calculate an enterprise fund stabilization factor (EFSF) each year to be applied to each fee set in or under this regulation on July 1 of each year. The EFSF is the factor by which the fee calculation is adjusted, up or down, to cover DPS labor and operating costs and to manage the DPS reserve policy in accordance with the 2002 Principles of the Fiscal Management of the Permitting Services Fund. The Director must publish the EFSF for each upcoming fiscal year not later than March 15 of the current fiscal year. For any year in which the EFSF will be less than .80 or greater than 1.20, the Department must review its fee rates and functional analysis behind the fee rates to determine if changes need to be made to the fee rates.

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

A. Fee Calculation: Best management practices (BMP) monitoring fees in the amount of $0.06 per square foot of disturbed area per the Sediment Control Permit application(s) must be paid by the permittee before the Department of Permitting Services (DPS) Director releases the Sediment Control Permit(s) for a permitted project in a Special Protection Area (SPA). Each project with an approved water quality plan is subject to the fee. The Director of the Department of Environmental Protection (DEP) must determine the frequency, quantity, and type of monitoring needed for each permitted project. The fee to be charged for each project must be determined as follows:

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

This regulation takes effect when received by the County Council.