Sec. 32-138. Responsibility of Permitee

Notwithstanding other conditions or provisions of a permit or the minimum standards set forth in this Division, the permittee is responsible for the abatement of pollutant discharges, damage to adjacent property, and the maintenance of water quality. No person shall perform grading on land in any manner or so close to the property line as to endanger or damage any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, sedimentation, or other damage or personal injury which might result.

The permittee shall be responsible for the prompt removal of, and damages resulting from, any soil, miscellaneous debris, pollutant discharge, or other materials washed, spilled, tracked, dumped, or otherwise deposited on public or private streets, highways, sidewalks, watercourses or other public thoroughfares as an incident to the construction activity, or during transit to and from the construction site where, in the opinion of the Director, such deposition constitutes a public nuisance or hazard.

During grading operations, the permittee shall be responsible for the prevention of damage to any public utilities or services. This responsibility applies within the limits of grading and along any routes of travel of equipment.