Subdivision 3. Inspection, Maintenance and Enforcement

The applicant shall provide a cash bond, irrevocable letter of credit, certificate of guarantee or other means of security acceptable to the County Attorney prior to the issuance of any building and/or grading permit for construction of a development requiring a stormwater management facility.

The amount of the security shall not be less than the total construction cost of the publicly maintained stormwater management facility as estimated by the Department.

The security shall include provisions concerning forfeiture for failure to complete work specified in the approved final stormwater management plan, compliance with all the provisions of this Division and other applicable laws and regulations, and any time limitations. Action on a defaulted permit shall be taken in accordance with the provisions set forth in Section 32-135.

The security shall not be fully released without final inspection of completed work and the acceptance of "as-built" plans.

A provision may be made for the partial release of up to 75 percent of the amount of the security.

The permittee shall notify the Department at least 48 hours before commencing any work in conjunction with the site development, the stormwater management plan, and upon completion of the project.

Regular inspections shall be made and documented for each BMP and each ESD planning technique and practice at the stages of construction specified in the Maryland Design Manual and the Prince George's County Design Manual by the County, its authorized representatives, or certified by a professional engineer licensed in the State of Maryland. At a minimum, all ESD and other structural and nonstructural practices shall be inspected upon completion of final grading, the establishment of stabilization, and before issuance of a use and occupancy permit approval.

Written reports shall include:

The owner/permittee and on-site personnel shall be notified in writing when violations are observed. Written notification shall describe the nature of the violation and the required corrective action.

No work shall proceed on the next phase of development until the Department inspects and approves the work previously completed and furnishes the permittee with the results of the inspection reports after completion of each required inspection.

At a minimum, regular inspections shall be made and documented at the following specified stages of construction:

The Department may, for enforcement purposes, use any one or a combination of the following actions:

Any step in the enforcement process may be taken at any time, depending on the severity of the violation.

Once construction is complete, "as-built" plan certification shall be submitted by either a professional engineer or professional land surveyor licensed in the State of Maryland to ensure that ESD planning techniques, treatment practices, and structural and nonstructural stormwater management measures and conveyance systems comply with the specifications contained in the approved plans. At a minimum, "as-built" certification shall include a set of drawings comparing the approved final stormwater management plan with what was constructed. The Department may require additional information.

The Department shall submit notice of construction completion to the Administration on a form supplied by the Administration for each structural stormwater management practice within 45 days of construction completion. The type, number, total drainage area, and total impervious area treated by all ESD techniques and practices shall be reported to the Administration on a site by site basis. If BMPs requiring Prince George's Soil Conservation District approval are constructed, notice of construction completion shall also be submitted to the Soil Conservation District.

The permittee shall provide "as-built" plans certified by a registered professional engineer to be submitted upon completion of a stormwater management facility.

The registered professional engineer shall certify that the facility has been constructed as shown on the "as-built" plan and meets the approved final stormwater management plan and specifications.

A final inspection shall be conducted upon completion of the stormwater management facility to determine if the completed work is constructed in accordance with the approved final stormwater management plan.

The Department shall maintain a permanent file of all inspection reports.

Any stormwater management measure which serves a single lot or facility shall be privately owned and maintained.

All stormwater management measures relying on vegetated areas or site features shall be privately owned and maintained unless located on public property.

All other stormwater management facilities shall be publicly owned and operated.

Prior to the issuance of any building permit for which stormwater management is required, the County shall require the applicant or owner to execute an inspection and maintenance agreement to include an operation and maintenance plan binding on all subsequent owners of land served by a private stormwater management facility. Such agreement shall provide for access to the facility at reasonable times for regular inspections by the County or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards.

The agreement shall be recorded by the applicant in the land records of the County prior to the issuance of any Use and Occupancy permits for the project.

The agreement shall also provide that, if after notice by the Department to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within a reasonable period of time (30 days maximum), the County may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties. This may be accomplished by placing a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by the County.

Preventive maintenance inspections of public infiltration systems, bioretention, retention or detention structures shall be made by the Department. Inspection reports for public facilities shall be maintained by the Department.

Privately maintained facilities shall be inspected by the property owner of record. The Department of the Environment shall create an inspection schedule requiring an inspection during the first year of operation and at least once every three (3) years thereafter. The inspection reports shall be submitted to the Department of the Environment for evaluation to ensure compliance with the approved plans and maintenance agreement. Reports for private facilities shall be maintained by the Department of the Environment.

In lieu of the Department of the Environment maintenance inspections, a licensed professional engineer may also perform maintenance inspections of private facilities and submit the appropriate reports to the Department of the Environment. Inspections by a third-party shall be evaluated by the Department of the Environment to ensure compliance with the approved plan and maintenance agreement.

If, after an inspection, the condition of a facility presents an immediate danger to the public health or safety because of an unsafe condition or improper maintenance, for a publicly maintained facility, the Department or for a privately maintained facility, the Department of the Environment as appropriate, shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the County shall be paid by the owner.

Inspection reports for ESD treatment systems and structural stormwater management measures shall include the following:

Upon notifying an owner of the inspection results, the owner shall have 30 days, or other time frame mutually agreed to between the Department and the owner, to correct the deficiencies discovered. The Department shall conduct a subsequent inspection to ensure completion of the repairs.

If repairs are not properly undertaken and completed, enforcement procedures of Section 32-195 of this Division shall be followed by the Department.

If, after an inspection by the Department, the condition of a stormwater management facility is determined to present immediate danger to public health or safety because of an unsafe condition, improper construction, or poor maintenance, the Department shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the County shall be assessed against the owner(s), as provided in 32-195(c) of this Division.

Any violation notice issued pursuant to this Division may be appealed in writing to the Board of Appeals of the County within ten (10) days of the date of the violation notice or such period of time as may be specified in the violation notice.

Any person aggrieved by the decision of the Director denying a waiver of the requirements of this Division may appeal such decision to the Board of Appeals of the County, in writing, within ten (10) days of the date of the written denial.

Any person convicted of violating the provisions of this Division shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than Ten Thousand Dollars ($10,000.00), or imprisonment not exceeding one (1) year, or both, for each violation, with costs imposed at the discretion of the court and not to exceed Fifty Thousand Dollars ($50,000.00).

Each day that the violation continues shall be a separate offense.

In addition, the County Attorney may institute injunctive mandamus or other appropriate action or proceedings at law or equity for the enforcement of this Division or to correct violations of this Division, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.