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<section number="32-141" name="Enforcement Action Upon Noncompliance" law="code" slug="sec-32-141" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_32WAREPRGRCO_DIV2GRDRERSECO_S32-141ENACUPNO">
  <level label="a">
    <text>In the event work does not conform to the permit or to the plans and specifications or to any instructions of the Director, notice to comply shall be given to the permittee in writing. After notice to comply is given, a maximum period of up to ten (10) days, in the determination of the Director, shall be allowed for the permittee or his contractor to begin to make the corrections. If an imminent hazard exists, the Director may require that the corrective work begin immediately. In the event of a failure to comply as directed or to satisfactorily complete all work required, the Director is hereby authorized to use the monies posted as guarantee pursuant to Section 32-135 of this Code to complete the work by contract or to order its completion by County personnel.</text>
  </level>
  <level label="b">
    <text>If the Director finds any existing conditions to be other than as stated in the application or approved plans, he may stop the work until a revised plan is submitted conforming to the existing conditions.</text>
  </level>
  <level label="c">
    <text>Failure of the permittee to comply with the directives of this Section will constitute a violation to this Section, and the Director may cancel the permit and proceed with the necessary restoration of the site using the Development Bond funds provided under Section 32-135.</text>
  </level>
  <level label="d">
    <text>Any discharge or connection to a drainage system or watercourse which is not permitted subject to the provisions of this Division or not permitted under other Divisions of this Code which is found to contain pollutants shall be considered illegal and in noncompliance, and subject to enforcement and permitting actions set forth in this Code.</text>
  </level>
  <level label="e">
    <text>Erosion and Sediment Control Enforcement:</text>
    <level label="1">
      <text>The County shall, through the authority of this Ordinance and COMAR 26.17.01 use enforcement action when erosion and sediment control violations occur.</text>
    </level>
    <level label="2">
      <text>Enforcement actions may include, but are not limited to:</text>
      <level label="A">
        <text>Issuance of a corrective action order;</text>
      </level>
      <level label="B">
        <text>Issuance of a stop work order, the extent of which is determined by the County;</text>
      </level>
      <level label="C">
        <text>Issuance of a penalty or fine as allowed; and</text>
      </level>
      <level label="D">
        <text>Referral for legal action.</text>
      </level>
    </level>
    <level label="3">
      <text>The County may deny the issuance of any permits to an applicant when it determines that the applicant is not in compliance with the provisions of a building or grading permit or approved erosion and sediment control plan.</text>
    </level>
    <level label="4">
      <text>The County shall stop work on a site where land disturbance is occurring without an approved erosion and sediment control plan, if not otherwise exempt. Measures shall be required to be implemented to prevent off-site sedimentation.</text>
    </level>
  </level>
  <level label="f">
    <text>Severability: If any portion, section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion of this Ordinance, it being the intent of the County that this Ordinance shall stand, notwithstanding the invalidity of any portion, section, subsection, sentence, clause, or phrase, hereof.</text>
  </level>
  <level label="g">
    <text>Penalties:</text>
    <level label="1">
      <text>Any person who violates any provision of this Ordinance is guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $10,000 or imprisonment not exceeding one year or both for each violation with costs imposed in the discretion of the court. Each day upon which the violation occurs constitutes a separate offense.</text>
    </level>
    <level label="2">
      <text>Any agency whose approval is required under this Ordinance or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this Ordinance.</text>
    </level>
    <level label="3">
      <text>In addition to any other sanction under this Ordinance, a person who fails to install or to maintain erosion and sediment controls in accordance with an approved plan shall be liable to the County or the State in a civil action, for damages in an amount equal to double the cost of installing or maintaining the controls.</text>
    </level>
    <level label="4">
      <text>Any governing authority that recovers damages in accordance with this subsection shall deposit them in a special fund, to be used solely for:</text>
      <level label="A">
        <text>Correcting to the extent possible the failure to implement or maintain erosion and sediment controls; and</text>
      </level>
      <level label="B">
        <text>Administration of the sediment control program.</text>
      </level>
    </level>
  </level>
</section>
