As used in this Division: Architect shall mean a person duly registered or authorized to practice architecture in the State and qualified to prepare grading plans and specifications. Bedrock shall mean the solid undisturbed rock in place either at the ground surface or beneath surface soil deposits. Borrow pit shall mean the source of earth or bank-run sand and gravel from below the ground surface by open pit excavation as a single incident on a site for use at a specific construction site elsewhere, or in conjunction with rubble fill. Class I fill shall mean load-bearing fills proposed for support of buildings, walls and other structures, the functions thereof which would be substantially impaired by settlement. Class II fill shall mean load-bearing fills proposed for support of roadways, pavements, rigid utility lines, house connections and structures which would not be substantially impaired by moderate settlement. Class III fill shall mean common fill proposed for landscaping or for other nonload bearing usage. Compaction shall mean densification of a soil or rock fill by mechanical or other acceptable procedures. Embankment or fill shall mean deposit of soil, rock or other materials placed by man. Engineering geology shall mean the application of geological data and principles to engineering problems dealing with naturally occurring rock and soil, for the purpose of assuring that geological factors are recognized and adequately interpreted in engineering practice. Erosion shall mean the process by which the ground surface natural or developed, is worn away by the action of wind or water or both. Excavation or cut shall mean an act or series of acts by which soil or rock is cut into, dug, quarried, uncovered, removed, disposed or relocated and shall include the conditions resulting therefrom. Existing grade shall mean the vertical location of the existing ground surface prior to excavating or filling. Fifty-year flood plain shall mean that area which would be inundated by storm runoff or flood water equivalent to that which would occur with a flood of fifty (50) year recurrence frequency in the watershed. Finished or proposed grade shall mean the final grade or elevation of the ground, drainage or surface structures, conforming to the proposed design. Grading shall mean any stripping, excavating, filling, stockpiling or any combination thereof, including the conditions resulting therefrom. Grading permit shall mean a permit issued by the Department of Permitting, Inspections, and Enforcement, authorizing work to be performed under Article 22, entitled "Grading, Drainage, and Erosion Control," of the Building Code. Load-bearing fill shall mean fill placed in a controlled manner to support structural foundations, vehicular traffic, or any facility or earthwork which the instability thereof would constitute a public hazard or nuisance. Natural ground surface shall mean the ground surface in its original state before any grading, excavation or filling. Professional engineer shall mean a person duly registered or otherwise authorized by the State to practice in the field of engineering. Rubble shall mean structural, construction waste materials or materials generated by building demolition, such as but not restricted to rocks, concrete, asphalt, brick, lumber, plaster, plasterboard, asbestos, roofing, metal and the like. Rubble fill shall mean fill placed in a controlled manner consisting of construction or building demolition rubble, including both irreducible materials (concrete, rock, brick) and those subject to decay (lumber). Such fills in addition to rubble, may accept root material, brush, tree limbs and stumps. Sediment shall mean soils or other surface materials transported by surface water as a product of erosion, manufacturing or other process. Site shall mean any lot, or parcel of land or combination of contiguous lots or parcels of land. Slope shall mean the inclined exposed surface of a fill, excavation or natural terrain. Soil shall mean all earth material of whatever origin that overlies bedrock and may include the decomposed zone of bedrock which can be readily excavated by mechanical means. Soils engineer shall mean a professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering. Stripping shall mean any activity which removes or significantly disturbs the vegetable surface cover including clearing, grubbing and top soil removal. Structural rock fills shall mean fills constructed predominately of rock, broken concrete or brick for the purpose of supporting structures. Surface structures shall mean site or land improvements such as: fences, curbs, retaining walls, sidewalks, parking lots, driveways, yard drains, catch basins, walls, pavements, ditches, pools, and manholes. Surveyor shall mean a person duly registered or authorized to practice land surveying in the State and qualified to prepare grading plans and specifications. Watercourse shall mean any natural or improved stream, river, creek, ditch, channel, canal, conduit, culvert, drain, gully, swale, or wash in which waters flow either continuously or intermittently.

It is the intent and purpose of this Division to protect and promote the public health, safety and welfare of the residents of the County by establishing minimum standards and requirements for the establishment and operation of rubble fill sites within the geographical boundaries of the County.

The provisions of this Division are applicable to all persons and the obtaining of a license is a prerequisite to the lawful establishment, use and operation of a rubble fill site within the County, and irrespective of the point of origin or initial shipment of such rubble. In addition, the licensing requirements of this Division are applicable: To license or permit applications under the County Zoning Ordinance and pending as of the effective date hereof, or when subsequently filed and in all instances when such applications related to activities and functions in any degree or manner regulated and controlled by this Division; and To existing or previously commenced activities regulated hereby, and in violation of the County's Zoning Ordinance.

The location of a rubble fill site shall be in conformity and accord with the County's Zoning Ordinance requirements for the operation of a sanitary landfill, including the requirement for a special exception permit. Operation of the approved site shall not hinder the natural drainage pattern of the general vicinity. In instances where flood plains may exist on, or border upon the proposed site the effect of the proposed fill operation shall be determined by proper investigation and shown to be in compliance with applicable portions of Article 21 of the Building Code. Filling within the natural fifty year flood plain of streams whose ten (10) year storm design flow exceed the capacity of a seventy-two (72) inch pipe, shall not be permitted unless an approved flood control project is to be constructed using conduits or open channels having capacities greater than a seventy-two (72) inch pipe. Engineering survey, including topography and determination of soil characteristics shall be made of each proposed site. Reports of such surveys will accompany applications for rubble fill licenses. For the reason that the site of the completed rubble fill shall not be acceptable for any future building development, the property owner and prospective licensee shall be aware of the fact that future use of the site will be strictly confined to open space and recreational purposes.

The design of the proposed rubble fill accompanying an application for a license shall include one (1) or more topographic maps and development plans to a scale of not over two-hundred (200) feet to the inch with contour intervals of two (2) feet. Such maps and plans shall include the following: Area location map. Limits of property of the proposed rubble fill site. Location of all buildings within fifteen-hundred (1,500) feet of the site. The proposed fill area or areas. Borrow pit areas, if any. Access roads. Access control. Access to the fill site shall be through permanent gates or barricades with locking devices. Appropriate physical measures such as ditching, banking, or fencing shall be made to prevent indiscriminate access at other locations. Information as to the character of the soil to the depth of at least five (5) feet below the proposed or intended excavation operations, or natural ground where fill is intended to be placed on top of the natural ground; (refer to the County Soil Survey Report published April 1970). All rubble fill cover shall be composed of earth or other approved material of such character that it can be compacted to provide tight seal, will not crack excessively when dry, and shall be free of putrescible substances. Under the above standards, cover material must be acceptable to the administrator, Department of Permitting, Inspections, and Enforcement, prior to utilization. Finish contours and erosion control: Finish contours shall be based on the future development of the sites as an open space, or for recreational purposes, according to the following criteria: Individual lifts in rubble fills shall be no greater than eight (8) feet in depth, after which there must be an intermediate, well-compacted earth cover, at least twelve (12) inches in depth, including side slopes. Final compacted covering for the surface and side slopes shall consist of a minimum twenty-four (24) inches of compacted earth cover. Surface gradient. The surface of the fill shall be smooth-graded; minimum permissible slope is 1:100. Maximum slope of the sides to the toe of the completed fill shall not be greater than three horizontal and one vertical (3:1). Sediment and erosion control. All plans and specifications accompanying rubble fill applications for licenses shall include provisions for both interim (temporary) and ultimate (permanent) erosion and sediment controls. The design, installation and maintenance of erosion and sediment control measures shall be accomplished in accordance with the requirements of the County Soil Conservation District, and of related County ordinances. The current approved set of "Standards and Specifications for Soil Erosion and Sediment Control in Urbanizing Areas" are on file and available for inspection at the Department of Permitting, Inspections, and Enforcement. Such standards and specifications are specifically approved and adopted by reference as if set forth in full herein. All graded surfaces with particular emphasis on the face of all cut and fill slopes, shall be seeded, sodded or otherwise protected from erosion as soon as practicable and shall be watered, tended and maintained until growth is well established at the time of completion and final inspection. Special drainage devices. Diversion channels of adequate size and grade based on runoff estimates from the area above the fill sites, dikes and levies shall be provided as required. If the surface-water control and the above means are not sufficient, further measures to control drainage shall be taken, such as grade stabilization structures, flumes, vegetated or lined drained outlets or other means. All structural drainage devices must comply with the Department of Permitting, Inspections, and Enforcement and Washington Suburban Sanitary Commission design standards. Flood plain encroachment. Where flood plains exist, filling will not be permitted to encroach on the fifty (50) year flood plain, unless such filling is a part of an approved flood control project in accordance with Article 21 of the Building Code. Fencing. All necessary fencing and gates to control unauthorized traffic to the site shall be shown. Exclusions. Specifications shall provide that no garbage, ashes, rubbish, trash, offal, industrial refuse, commercial refuse or hazardous and special wastes will be acceptable at, or able to be deposited within the rubble fill. The definitions of words and phrases as contained in Division 1 of this Subtitle are made fully applicable to the prohibitions contained here. In addition, major appliances (such as refrigerators, stoves, television sets and the like), equipment, furniture and other bulky items are similarly prohibited. Woodland and wildlife habitat conservation. A Type 1 Tree Conservation Plan prepared in conformance with Division 2 of Subtitle 25 and The Woodland and Wildlife Habitat Conservation Technical Manual.

Applications for licenses to engage in the disposal of construction of demolition materials or both by the rubble fill method shall be made on forms provided by the Director of the Department of Environmental Resources. Such applications shall be submitted to the Permit Division of the Department of Environmental Resources, accompanied by the following: Engineering report of proposed site survey. Design and development plans and specifications. Completion maintenance bond, either cash or negotiable paper acceptable to the Director of the Department of Environmental Resources in the amount of One Thousand Dollars ($1,000.00) per acre, based on the number of acres planned or intended to be employed in the rubble fill operation during the license period. Completion maintenance bond is to guarantee completion and maintenance of the rubble fill, as specified in this Division, in the event of default on the part of the licensee. In the event of the default by the licensee, the unsuitable conditions at the fill site, or an adjacent road or street may be corrected by the County forces or by a County contract, with all costs to be reimbursed from the completion maintenance bond. After default is established, the licensee shall be notified at least one (1) week in advance of County operations. In cases where the applicant plans to operate on leased land, legally acceptable documented assurances from the property owner shall be furnished the County as follows: The owner accepts the fact, that after construction and completion of the landfill, no building permit shall be issued for building construction on such land at any time in the future; and The owner gives the right of entry to the property by the County for the purpose of completion and maintenance of the fill as specified in this Division in the event of default on the part of the operator. License fee, in the amount of Twenty-five Dollars ($25.00).

Licenses to proceed with site preparation and operations will only be issued after the application for site location, and plans and specifications have been approved by the Department of Environmental Resources, the Health Officer, and the Soil Conservation District for the County.

All licenses issued under this Division shall expire one (1) calendar year after date of issuance, and notwithstanding any permit obtained under the County's Zoning Ordinance. Applications for license renewals shall be submitted to the Director of the Department of Environmental Resources, accompanied by the following: So much of the design and development plans and specifications, and supplementary reports as to allow the review of the scope of the operations during the forthcoming year; Additional bond in the amount of One Thousand Dollars ($1,000.00) per acre to cover the acreage to be employed during the forthcoming year. License fee, in the amount of Twenty-five Dollars ($25.00).

Prior to initiation of rubble fill operations, all necessary site preparation work shall be accomplished to the satisfaction of the Department of Permitting, Inspections, and Enforcement and the Health Department. These requirements shall include, but not be limited to, access roads, gates, or barricades, fencing, necessary drainage, and where natural or existing ground slopes in the work areas are exceeding five (5) horizontal to one (1) vertical, benching or terracing the surface prior to placement of rubble fill. Access to the site shall be limited and the gates and barricades shall open only when an attendant or operator is on duty. Gates and barricades shall be locked at all other times. The operator shall conduct his operations in accordance with the approved design and development plans and specifications. No rubble material including side slopes shall remain uncovered for more than seventy-two (72) hours from the time of deposit. The licensee shall be ready and have suitable measures to control dust, acceptable to the Department of Permitting, Inspections, and Enforcement and the Health Officer, when dust conditions develop. When for any reason suitable measures are not taken when dust conditions develop, the licensee shall take such action when ordered, and under any circumstances not later than twenty-four (24) hours from a given order. Upon completion of a rubble fill lift the entire surface or intermediate cover shall be inspected monthly and all cracked, eroded or uneven covers shall be repaired. Other temporary erosion control measures shall be taken, as appropriate, in accordance with Soil Conservation District specifications and standards. Licensee shall be responsible and correct dust conditions, mud, spilled debris or disrupted pavement on adjacent roads or streets serving as access to the rubble fill, where these conditions are caused by trucks utilizing the fill site.

The burning of lumber, wood rubble and stumps shall be prohibited, except when specifically permitted in writing by the Health Department Air Pollution Control Officer, and the Fire Marshal. Fire protection shall be provided under any or all of the following methods: A stock pile of cover material shall be maintained reasonably close to the working face of the fill; A nearby organized fire department voluntarily agrees in writing to provide immediate service whenever called; or Means and devices mutually agreeable to the operator and Fire Marshal may be used.

When the licensee states in writing to the Director of the Department of Permitting, Inspections, and Enforcement that he has completed the construction of the rubble fill, the following steps and measures shall be taken prior to a release from his obligations: An inspection of the entire site shall be made by designated representatives of the Health Officer, Fire Marshal and Department of Permitting, Inspections, and Enforcement before the earthmoving equipment is removed from the site. The licensee shall leave a satisfactory, permanent organic growing cover, and demonstrate that all the Soil Conservation District specifications and standards have been complied with, and necessary measures taken for the permanent protection of the site against erosion. Any necessary corrective work shall be performed before the rubble fill project is accepted as completed. When a rubble fill is accepted as completed, there shall be no further rubble fill work at the site. The licensee shall close all access roads locked with gates. Arrangements shall be made for the repair of all cracked, eroded and uneven areas, and growing cover re-established in the final cover during the year following completion of the fill. At the completion of fill operations, if the licensee shall perform all of his obligations under the requirements of the completion maintenance bond and as otherwise prescribed, the full amount of the bond will be returned to him twelve (12) months after completion of the fill, or a portion thereof accepted as completed, as applicable. If the licensee fails to fulfill his obligations, the County may use these funds to make all necessary maintenance repairs and do other work as necessary either by force account with its own personnel and equipment or by contract with an outside party, as the County deems most feasible. In such case the County will refund to the licensee any remaining balance after deducting all direct costs plus ten percent (10%) for overhead costs. A plat of the completed rubble fill or such portions thereof as may be accepted as completed shall be filed with the Department of Permitting, Inspections, and Enforcement and the Department of Health.

The owner, general agent, contractor or lessee of any land or premises or part thereof where anything in violation of this Division shall be placed or deposited; any contractor who may be employed to assist in the commission of any such violation; and all persons, and corporations including officers thereof, participating in any such violation, or firms or partnerships who shall violate or maintain a violation of any of the provisions of this Division, or who shall fail to comply with such Division, or with a lawful order issued under such Division, or who shall conduct a rubble fill operation in violations of any statement of plans submitted and approved under this Division, shall for each violation or noncompliance be guilty of a misdemeanor. Upon conviction they shall be subject to the penalty provided in Section 1-123 of this Code. The availability or possible, prospective application of such penalty shall not preclude the enforced removal, correction or abatement or prohibited uses or conditions through appropriate proceedings in a court of equity.