Chapter 01. Erosion and Sediment Control
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated. Terms not defined below shall have the meanings given to them in the relevant statutes, or if not defined in statutes, the meanings attributed by common use. The terms “Administration”, “person”, “pollution”, “responsible personnel”, “waters of the State”, are defined in Environment Article, §4-104 or 5-101, Annotated Code of Maryland. The meanings for these specific terms are provided as a convenience, but persons affected by the Administration's regulations should be aware that these meanings are subject to amendment by the General Assembly.
B.
Terms Defined.
(1)
“Administration” means the Water Management Administration.
(2)
“Agricultural land management practices” means those methods and procedures used in the cultivation of land in order to further crop and livestock production, and conservation of related soil and water resources. Logging and timber removal operations may not be considered a part of this definition.
(3)
“Approval authority” means the soil conservation district, municipal corporation, specified agency, Commission, or the Administration that is authorized by or pursuant to Environment Article, §4-105, Annotated Code of Maryland, to review and approve erosion and sediment control plans for the given jurisdiction.
(4)
“Clear” means any activity which removes the vegetative cover while leaving the root mat intact.
(5)
“Commission” means the Washington Suburban Sanitary Commission.
(6)
“Department” means the Department of the Environment.
(7)
“Erosion” means the process by which the land surface is worn away by the action of wind, water, ice, or gravity.
(8)
“Erosion and sediment control plan” means an erosion and sediment control strategy or plan designed to minimize erosion and prevent off-site sedimentation, in accordance with the requirements of the approval authority and the handbook “ 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control,” which is incorporated by reference in Regulation .11 of this chapter.
(9)
“Erosion and Sediment Control Program” means any program administered by a State unit, county, municipality, or the Commission under an erosion and sediment control ordinance or regulations approved by the Administration, which provides for erosion and sediment control plan review, permit issuance, site inspection, and enforcement activity in accordance with the requirements of these regulations.
(10)
“Federal project” means any project that requires an erosion and sediment control plan in accordance with Regulation .05 of this chapter undertaken by a federal unit .
(11)
“Federal unit” means any federal agency that intends to or does clear, grade, transport, or otherwise disturb the land or soil surface in the course of its activities.
(12)
“Grade” means to cause the disturbance of the earth. This includes but is not limited to any excavating, filling, stockpiling of earth materials, grubbing, or root mat or top soil disturbance.
(13)
“Grading unit” means the maximum contiguous area allowed to be graded at a given time.
(14)
“Highly erodible soils” means those soils with a slope greater than 15 percent or those soils with a soil erodability factor, K, greater than 0.35 and with slopes greater than 5 percent.
(15)
“Owner/developer” means a person undertaking, or for whose benefit, activities covered by the Sediment Control Subtitle, or regulations promulgated under it, are carried on. General contractors or subcontractors, or both, without a proprietary interest in a project are not included within this definition.
(16)
“Person” includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity.
(17)
“Pollution” means the contamination or other alteration of the physical, chemical, or biological properties of any waters of the State, including change in temperature, taste, color, turbidity, or odor of the waters, or the discharge or deposit of any organic matter, harmful organisms, liquid, gaseous, solid, radioactive, or other substance into any waters of the State that will render the waters harmful, detrimental, or injurious to:
(a)
Public health, safety or welfare;
(b)
Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or
(c)
Livestock, wild animals, birds, fish, or other aquatic life.
(18)
“Professional architect” means an architect duly registered by the State to practice architecture in accordance with the provisions of Business Occupations and Professions Article, Title 3, Annotated Code of Maryland.
(19)
“Professional engineer” means an engineer duly registered by the State to practice engineering in accordance with the provisions of Business Occupations and Professions Article, Title 14, Annotated Code of Maryland.
(20)
“Professional forester” means a forester duly registered by the State to practice forestry in accordance with the provisions of Business Occupations and Professions Article, Title 7, Annotated Code of Maryland.
(21)
“Professional landscape architect” means a landscape architect duly registered by the State to practice landscape architecture in accordance with the provisions of Business Occupations and Professions Article, Title 9, Annotated Code of Maryland.
(22)
“Professional land surveyor” means a land surveyor duly registered by the State to practice land surveying in accordance with the provisions of Business Occupations and Professions Article, Title 15, Annotated Code of Maryland.
(23)
“Responsible personnel” means any foreman, superintendent, or project engineer who is in charge of on-site clearing and grading operations or the implementation and maintenance of an erosion and sediment control plan.
(24)
“Secretary” means the Secretary of the Environment or designee.
(25)
“Sediment” means soils or other surficial materials transported or deposited by the action of wind, water, ice, gravity, or artificial means.
(26)
“Sediment Control Subtitle” means Environment Article, Title 4, Subtitle 1, Annotated Code of Maryland.
(27)
“State project” means any project that requires an erosion and sediment control plan in accordance with Regulation .05 of this chapter undertaken by a State unit.
(28)
“State unit” means any State agency that intends to or does clear, grade, transport, or otherwise disturb the land or soil surface in the course of its activities.
(29)
“Training program” means an Administration approved educational program for training responsible personnel to:
(a)
Properly implement and maintain erosion and sediment controls associated with grading; and
(b)
Better understand the necessity of minimizing the pollution of the waters of the State that may result from grading.
(30)
“Waters of the State” includes:
(a)
Both surface and underground waters within the boundaries of the State subject to its jurisdiction, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, storm drain systems, public ditches, tax ditches, and public drainage systems within the State, other than those designated and used to collect, convey, or dispose of sanitary sewage; and
(b)
The flood plain of free-flowing waters determined by the Department on the basis of the 100-year flood frequency.
Regulation .02 General Provisions.LinkCopy Citation
A.
The Administration shall be responsible for the implementation and supervision of the erosion and sediment control program established by the Sediment Control Subtitle. This responsibility includes but is not limited to:
(1)
Establishment of policies, procedures, standards, and criteria relating to erosion and sediment control;
(2)
The review and approval of:
(a)
County erosion and sediment control ordinances;
(b)
Municipal erosion and sediment control ordinances;
(c)
The Commission’s erosion and sediment control regulations;
(d)
Erosion and sediment control programs;
(e)
Erosion and sediment control plans for State projects and federal projects;
(f)
Other erosion and sediment control plans, as necessary; and
(g)
Training programs;
(3)
Inspection and enforcement in accordance with this chapter; and
(4)
Determinations on the delegation of enforcement authority in accordance with Regulation .03 of this chapter.
B.
The Administration shall establish matters of policy, procedures, standards, criteria, approvals, and enforcement related to the Sediment Control Subtitle. The practices adopted and used by the soil conservation districts, the Commission, the counties, the municipalities, and State units are to be consistent with the guidelines and regulations adopted by the Administration.
C.
Review and Evaluation.
(1)
The Administration shall periodically conduct a comprehensive review and evaluation to ensure the acceptability of all erosion and sediment control programs operating under the Sediment Control Subtitle and this chapter.
(2)
In conducting the review and evaluation of erosion and sediment control programs, the Administration will use the following guidelines for determining the acceptability of the program:
(a)
An effective erosion and sediment control ordinance or an effective set of erosion and sediment control regulations, which has been approved by the Administration, is in effect;
(b)
The review and approval of erosion and sediment control plans in accordance with the “2011 Maryland Standards and Specification for Soil Erosion and Sediment Control”;
(c)
Approved erosion and sediment control plans that provide:
(i)
Effective erosion and sediment control strategies; and
(ii)
The information necessary to enable the proper installation and maintenance of these strategies; and
(d)
In delegated jurisdictions, inspection and enforcement procedures that ensure:
(i)
Compliance with the approved erosion and sediment control plan; and
(ii)
Timely response to citizen complaints.
(3)
Upon completion of this review and evaluation, the Administration shall submit the findings of the review and evaluation to the appropriate authority.
D.
A building or grading permit may not be issued by a county or municipality prior to erosion and sediment control plan approval unless specifically exempted by the ordinance, the regulation, or this chapter.
Regulation .03 Delegation of Enforcement Authority.LinkCopy Citation
A.
A county, a municipality or the Commission may seek delegation of enforcement authority from the Secretary to enforce compliance with the provisions of the following:
(1)
This chapter;
(2)
An approved erosion control ordinance;
(3)
Approved erosion and sediment control regulations; and
(4)
Approved erosion and sediment control plans.
B.
Delegation.
(1)
The Secretary shall grant delegation of enforcement authority to a county, a municipality, or the Commission which seeks delegation and is found capable of enforcing compliance with the provisions of Regulation .09 of this chapter.
(2)
A county, a municipality, or the Commission seeking or renewing delegation of enforcement authority shall submit a written request to the Secretary on or before October 1 immediately preceding the State fiscal year for which delegation or renewal of delegation is sought.
(3)
The Secretary shall make a determination in writing regarding a delegation request on or before January 1 immediately preceding the State fiscal year for which delegation is sought.
(4)
If delegation is granted, it is effective July 1 of that calendar year and for not more than 2 years, unless renewed by the Secretary.
(5)
The Secretary may suspend delegation if a program falls below the standard of effectiveness established in Regulation .09 of this chapter. During a period of suspension, the Department shall enforce compliance in the jurisdiction.
Regulation .04 Erosion and Sediment Control Ordinances.LinkCopy Citation
A.
Each county and municipality shall adopt an erosion and sediment control ordinance in compliance with the intent and requirements of the Sediment Control Subtitle and the “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control”. Within 6 months of the adoption of this Subtitle, counties and municipalities shall submit ordinances and amendments to the Administration for review. Counties and municipalities shall adopt an approved ordinance within 1 year of this Subtitle’s adoption. Municipalities may adopt the erosion and sediment control ordinance of their respective county.
B.
The Commission shall adopt erosion and sediment control regulations covering utility operations in Prince George’s and Montgomery counties that are in compliance with the intent and requirements of the Sediment Control Subtitle and the “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control”. Within 6 months of the adoption of this subtitle, the Commission shall develop erosion and sediment control regulations in consultation with and subject to the review and approval of the Administration, the Prince George’s Soil Conservation District, and the Montgomery Soil Conservation District as appropriate. The Commission shall adopt approved regulations within one year of this Subtitle’s adoption. The Commission’s erosion and sediment control regulations shall ensure that in addition to meeting the requirements of §C of this regulation, the following shall be included:
(1)
An erosion and sediment control plan must be approved by the Commission before the issuance of a permit; and
(2)
The Commission shall have the primary responsibility for inspection and enforcement of utility construction, if delegation of enforcement authority is granted to the Commission.
C.
In determining the acceptability of an erosion and sediment control ordinance or regulations, the Administration shall consider, but not limit itself to, the following:
(1)
Scope of activities requiring grading and building permits and erosion and sediment control plans;
(2)
Permit and plan requirements including application procedure, plan design requirements, and time limitations;
(3)
Procedures to ensure that a required erosion and sediment control plan is approved by the appropriate approval authority prior to the issuance of a building or grading permit;
(4)
Specific inspection and enforcement procedures and options available to ensure compliance with an approved erosion and sediment control plan, if the Administration has granted delegation of enforcement authority;
(5)
Right of entry for inspection and enforcement activities associated with an approved erosion and sediment control plan; and
(6)
Stabilization requirements in accordance with the provisions of Regulation .07 of this chapter, which are to be binding regardless of whether an approved erosion and sediment control plan has been issued.
D.
After reviewing a county’s or municipality’s erosion and sediment control ordinance or amendments, or the Commission’s erosion and sediment control regulations or amendments, the Administration shall notify the county, municipality, or Commission in writing of the acceptability of the ordinance or the regulations.
Regulation .05 Activities for Which Approved Erosion and Sediment Control Plans Are Required.LinkCopy Citation
A.
Any grading activity requires an erosion and sediment control plan approved by the appropriate approval authority, except for:
(1)
Agricultural land management practices and agricultural best management practices, including those regulated under COMAR 26.17.03; and
(2)
Grading activities that disturb less than 5,000 square feet of land area and disturb less than 100 cubic yards of earth.
B.
A project that involves any combination of private lands, county lands, State lands, or federal lands, such as a utility right-of-way, requires the approval of the approval authority affiliated with the entity undertaking the activity or for whose benefit the activity is being undertaken. Ownership of the land or lands upon which the activity is occurring is not to be the sole factor in determining the approval authority.
C.
Any approval authority may make a written request to the Administration for a joint review of an erosion and sediment control plan.
D.
Any activity pursuant to and in compliance with Environment Article, Title 15, Annotated Code of Maryland, is exempt from the grading unit restriction.
E.
Any activity pursuant to sanitary landfills and in compliance with Environment Article, §9-204, Annotated Code of Maryland, and COMAR 26.04.07.02B(27) is exempt from the grading unit restriction.
Regulation .06 Training and Certification Program.LinkCopy Citation
A.
Certification of Responsible Personnel.
(1)
The Administration shall require certification of responsible personnel as established by the Sediment Control Subtitle and in accordance with this regulation.
(2)
Certification is obtained by completing an Administration-approved training program.
(3)
Certification is valid for 3 years and is automatically renewed unless the Administration notifies the certificate holder that additional training is required.
B.
Interim Certification of Responsible Personnel.
(1)
After July 1, 1983, responsible personnel may receive interim certification prior to the completion of a training program by submitting a request to the Administration.
(2)
Interim certification will be valid until the scheduled date of attendance at a training program.
C.
Training Programs.
(1)
The Administration may approve training programs other than those developed by the Administration. Unless otherwise approved by the Administration, an acceptable training program shall include the following:
(a)
Ecological and resource values of the waters of the State;
(b)
The benefits of proper and effective erosion and sediment control implementation and maintenance;
(c)
The purpose and provisions of State and local erosion and sediment control laws, ordinances, and regulations;
(d)
A description of sediment as a pollutant;
(e)
The process of:
(i)
Erosion;
(ii)
Sediment transport; and
(iii)
Sediment deposition;
(f)
Proper implementation of erosion and sediment control;
(g)
Recognition and correction of improperly implemented erosion and sediment controls;
(h)
Proper maintenance of erosion and sediment controls; and
(i)
Responsibilities of supervisory and enforcement personnel.
(2)
An instructor of a training program shall have a knowledge of the principles of:
(a)
Erosion;
(b)
Sediment transport;
(c)
Sediment deposition;
(d)
Erosion and sediment control technology;
(e)
Erosion and sediment control implementation;
(f)
Erosion and sediment control maintenance;
(g)
Local government erosion and sediment control ordinances; and
(h)
The Sediment Control Subtitle and this chapter.
(3)
An instructor of a training program shall submit the following information to the Administration:
(a)
Names, addresses, and telephone numbers of responsible personnel who complete a training program;
(b)
Card certification numbers issued to responsible personnel; and
(c)
Employer’s name and address.
(4)
Responsible personnel who complete an Administration-approved training program receive a Certificate of Training card with a certification number.
Regulation .07 Application for Approval of Erosion and Sediment Control Plans.LinkCopy Citation
A.
When an approved erosion and sediment control plan is required, an applicant shall make a submittal to the approval authority in accordance with procedures established by the jurisdiction and this chapter, and shall be subject to any fees established under Environment Article, §4-103(c), Annotated Code of Maryland.
B.
At a minimum, a submittal must include:
(1)
A letter of transmittal or application;
(2)
Name, address, and telephone number of:
(a)
The owner of the property where the grading is proposed;
(b)
The developer; and
(c)
The applicant;
(3)
A vicinity map indicating north arrow, scale, and other information necessary to easily locate the property;
(4)
The location of natural resource areas and sensitive areas such as wetlands, floodplains, highly erodible soils, steep slopes, and any other areas required on a concept plan as described in COMAR 26.17.02;
(5)
A general description of the predominant soil types on the site, as described by the appropriate soil survey information available through the soil conservation district from the USDA Natural Resources Soil Conservation Service;
(6)
An erosion and sediment control plan including the following, unless otherwise noted in this chapter:
(a)
Limits of disturbance, including proposed grading units;
(b)
The existing and proposed topography;
(c)
The proposed grading and earth disturbance including:
(i)
Surface area involved;
(ii)
Volume of spoil material; and
(iii)
Volume of borrow material;
(d)
Storm drainage provisions, including:
(i)
Velocities and quantities of flow at outfalls; and
(ii)
Site conditions around points of all surface water discharge from the site;
(e)
Erosion and sediment control provisions to minimize on-site erosion and prevent off-site sedimentation including:
(i)
Provisions to limit disturbance;
(ii)
Details of grading practices including phasing of grading units;
(iii)
Design details for non-structural and structural controls; and
(iv)
Provisions to preserve top soil;
(f)
Details of temporary and permanent stabilization measures including:
(i)
The following statement on the plan: “Following initial soil disturbance or redisturbance, permanent or temporary stabilization is required within three calendar days as to the surface of all perimeter controls, dikes, swales, ditches, perimeter slopes, and all slopes steeper than 3 horizontal to 1 vertical (3:1); and seven calendar days as to all other disturbed areas on the project site except for those areas under active grading.”;
(ii)
Identification of areas requiring accelerated stabilization;
(iii)
Maintenance requirements to ensure that stabilized areas continuously meet the requirements of the “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control”; and
(iv)
Identification of interior areas of surface mines exempted from stabilization requirements to prevent contamination of the recoverable resource by the stabilization material;
(g)
Sequence of construction describing the relationship between the implementation and maintenance of erosion and sediment control practices, including permanent and temporary stabilization, grading units, and the various stages or phases of earth disturbance and construction. At a minimum, a sequence of construction is to include a schedule and time frame for the following activities:
(i)
Clearing and grubbing as necessary for the installation of perimeter controls;
(ii)
Construction and stabilization of perimeter controls;
(iii)
Remaining clearing and grubbing within installed perimeter controls;
(iv)
Road grading;
(v)
Grading for the remainder of the site;
(vi)
Utility installation and connections to existing structures;
(vii)
Final grading, landscaping, and stabilization; and
(viii)
Removal of controls and stabilization of resulting disturbances;
(h)
A statement placed on the plan indicating the owner/developer shall notify the appropriate enforcement authority at the following stages of construction:
(i)
Prior to the start of earth disturbance;
(ii)
Upon completion of the installation of perimeter erosion and sediment controls, but before proceeding with any other earth disturbance or grading; and
(iii)
Prior to the start of another phase of construction or opening of another grading unit; and
(iv)
Prior to the removal of sediment controls; and
(i)
An Owner/Developer Certification stating:
(i)
All clearing, grading, construction, and development will be done pursuant to this plan; and
(ii)
Responsible personnel involved in the construction project will have a Certificate of Training before beginning the project. This Certificate of Training for responsible personnel requirement may be waived by the approval authority on any project involving four or fewer residential units; and
(7)
Any additional information or data deemed appropriate by the approval authority.
C.
The approval authority may require that erosion and sediment control plans receive certification by a professional engineer, land surveyor, landscape architect, architect, or forester (for a forest harvest operation only) registered in the State that they have been designed in accordance with the appropriate approved erosion and sediment control ordinance or regulation, standards, and criteria.
D.
Standard Erosion and Sediment Control Plans.
(1)
An approval authority may adopt a standard erosion and sediment control plan for minor grading, earth disturbance, and construction activities, such as a single-family residence, small commercial and other similar building sites, minor maintenance grading, and minor utility construction.
(2)
A standard erosion and sediment control plan must be consistent with the appropriate county or municipal erosion and sediment control ordinance, the Commission’s erosion and sediment control regulations, and this chapter.
(3)
The Administration shall review and approve a standard plan prior to adoption.
(4)
The following is to be considered during the Administration’s review and approval:
(a)
Volume of grading allowed;
(b)
Disturbed surface area allowed;
(c)
Staging of the clearing and grading operation;
(d)
Depth or height of cut and fill allowed;
(e)
Maximum degree of steepness of any existing slopes;
(f)
Maximum degree of steepness of final graded slopes;
(g)
Proposed manner of handling storm water runoff;
(h)
Proposed manner and timing of temporary and permanent stabilization;
(i)
Proposed erosion and sediment control principles, methods, and practices to be employed; and
(j)
Proposed applications and restricted use of the standard plan, including restrictions on its use in developing subdivisions or contiguous or adjacent areas.
(5)
The Administration shall conduct the review of the standard plan in a timely manner and notify the approval authority in writing of the Administration’s findings.
Regulation .08 Approval or Denial of Erosion and Sediment Control Plans.LinkCopy Citation
A.
Review of Plans.
(1)
The approval authority shall review and approve an erosion and sediment control plan in accordance with the criteria contained in the “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control.”
(2)
The approval authority shall assess the adequacy of the proposed erosion and sediment control measures to minimize erosion and keep sediment on site.
(3)
When appropriate, an on-site evaluation shall be conducted as part of the review process in order to provide proper consideration of existing conditions and proposed control measures.
B.
The approval authority reserves the right to deny approval or impose conditions necessary to prevent:
(1)
A nuisance or dangerous condition;
(2)
Sediment pollution; or
(3)
Adverse impacts to public safety and welfare.
C.
The approval authority may withhold approval when it determines that:
(1)
An owner/developer has not complied with the provisions of an outstanding order; or
(2)
There is a violation of the terms of an existing:
(a)
Grading permit;
(b)
Building permit; or
(c)
Erosion and sediment control plan or related approval, permit, or license.
D.
In jurisdictions that are not delegated, the approval authority shall forward one copy of each approved plan to the Administration upon plan approval.
E.
For plans approved by the Administration:
(1)
Approved plans will be stamped approved;
(2)
The Administration shall send a letter of approval to the owner/developer; and
(3)
A copy of the approved plan will be kept by the Administration.
F.
Expiration of Approved Erosion and Sediment Control Plans.
(1)
Approved erosion and sediment control plans remain valid for 3 years from the date of approval, except surface mines and landfill plans, which remain valid for 5 years from the date of approval.
(2)
Erosion and sediment control plan approvals may be extended or renewed by the approval authority.
G.
Grandfathering of approved plans.
(1)
This chapter applies to all projects that do not have final approval for erosion and sediment control plans by January 9, 2013.
(2)
A plan that has received final approval by January 9, 2013 may be reapproved under its existing conditions if grading activities have begun on the site by January 9, 2015, with the exception of stabilization requirements.
(3)
Stabilization practices on all projects must be in compliance with the requirements of this chapter by January 9, 2013, regardless of when an erosion and sediment control plan was approved.
Regulation .09 Inspection and Enforcement.LinkCopy Citation
A.
The Administration shall be responsible for the inspection and enforcement of all grading that requires an approved erosion and sediment control plan as designated within this chapter.
B.
When the Administration has delegated enforcement authority to a county, a municipality, or the Commission, the county, municipality or Commission shall have the primary responsibility for inspection and enforcement as designated by an approved erosion and sediment control ordinance or erosion and sediment control regulations.
C.
An approved erosion and sediment control plan for an active site is to be on-site and available to the appropriate enforcement authority and the Administration.
D.
The appropriate enforcement authority shall inspect sites with an approved erosion and sediment control plan for compliance with the approved plan.
E.
When conducting an inspection, the appropriate enforcement authority shall:
(1)
Ensure that an approved erosion and sediment control plan and permits are on the site as required;
(2)
Conduct a complete inspection of the site unless otherwise indicated;
(3)
Prepare a written inspection report that includes:
(a)
The date and location of this site inspection;
(b)
Whether the approved plan has been properly implemented and maintained;
(c)
Practice deficiencies or erosion and sediment control plan deficiencies;
(d)
If a violation exists, the type of enforcement action taken; and
(e)
If applicable, a description of minor or major modifications as described in this regulation; and
(4)
Notify the on-site personnel and the owner/developer in writing when violations are observed, describing the:
(a)
Nature of the violation;
(b)
Required corrective action; and
(c)
Time period in which to have the violation corrected.
F.
Complaints.
(1)
The appropriate enforcement authority shall accept and investigate complaints regarding erosion and sediment control concerns from any interested party and:
(a)
Conduct an initial investigation within 3 working days of receipt of the complaint;
(b)
Notify the complainant of the initial investigation and findings within 7 days of receipt of the complaint; and
(c)
Take appropriate action when violations are discovered during the course of the complaint investigation.
(2)
The Administration may investigate complaints received and take appropriate action or refer complaints received to the appropriate enforcement authority.
(3)
The Administration shall notify the appropriate enforcement authority in a timely manner when investigating a complaint in a delegated jurisdiction.
G.
A county, a municipality, or the Commission may request enforcement assistance from the Administration on any site.
H.
Plan Modifications.
(1)
Modifications to an approved erosion and sediment control plan may be requested by the owner/developer or required by the appropriate approval or enforcement authority.
(2)
Modifications must be made in accordance with the erosion and sediment control criteria contained in the “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control” and the criteria for major and minor modifications.
(3)
Major Modifications.
(a)
Major modifications include revisions to sediment control practices involving concentrated flow or impoundments, such as a sediment basin or trap. Major modifications also include significant changes to the sequence of construction or to the phasing of grading units.
(b)
Major modifications must be approved by the approval authority prior to implementation.
(4)
Minor Modifications
(a)
The approval authority may, in conjunction with the appropriate enforcement authority, develop a list of minor modifications.
(b)
The Administration shall review and approve all minor modification lists.
(c)
The appropriate enforcement authority may allow the implementation of minor modifications as field revisions.
(d)
The appropriate enforcement authority shall, in writing, approve field revisions prior to their implementation.
I.
Enforcement.
(1)
The appropriate enforcement authority shall, through the authority of an erosion and sediment control ordinance or regulations, this chapter, and the Sediment Control Subtitle, use enforcement action when erosion and sediment control violations occur.
(2)
Enforcement actions may include, but are not limited to:
(a)
Issuance of a corrective action order;
(b)
Issuance of a stop work order, the extent of which is determined by the appropriate enforcement authority;
(c)
Issuance of a penalty or fine as allowed; and
(d)
Referral for legal action.
(3)
In addition to any other sanctions, a person in violation of any provision of the Sediment Control Subtitle or this chapter is subject to civil action or criminal prosecution as deemed necessary.
(4)
Any step in the enforcement process may be taken at any time, depending upon the severity of the violation.
(5)
The appropriate enforcement authority shall stop work on a site where grading is occurring without a required erosion and sediment control plan.
J.
Suspension of Approval.
(1)
The approval authority may suspend approval of an erosion and sediment control plan.
(2)
When an erosion and sediment control plan is suspended:
(a)
Stabilization is required of all disturbed areas on the project site; and
(b)
Grading, building, and other permits related to the project will also be suspended.
Regulation .10 Responsibility of Applicant.LinkCopy Citation
The issuance of an approval by the approval authority does not relieve the applicant of the continuing responsibility to effectively abate sediment pollution and comply with all other applicable local and State laws.
Regulation .11 Sediment Control Design Standards and Specifications.LinkCopy Citation
A.
The handbook titled “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control” as amended by Supplement 1 is hereby incorporated by reference by the Administration, and shall serve as the official guide for erosion and sediment control principles, methods, and practices.
B.
Notwithstanding any other requirement in this chapter, the Administration may require the use of any standard and specification or best management practice it deems warranted to address an erosion and sediment control violation.
Chapter annotations
Authority: Environment Article, §4-101, Annotated Code of Maryland
History: Effective date: April 4, 1972
History: Chapter revised effective December 5, 1983 (10:24 Md. R. 2185)
History: Regulations .01 and .06 amended effective July 16, 1984 (11:14 Md. R. 1248)
History: Regulations .01—.04, .06—.08, and .10 amended effective December 17, 1984 (11:25 Md. R. 2130)
History: Regulations .02-1—.10 recodified to Regulations .03—.11
History: Regulation .07D-1—F recodified to Regulation .08E—G, and Regulation .08A-1—D recodified to Regulation .09B—E
History: Chapter recodified from COMAR 08.05.01 to COMAR 26.09.01
History: Regulation .01B amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474)
History: Regulation .02C amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474)
History: Regulation .05A amended effective March 28, 1994 (21:6 Md. R. 468)
History: Regulation .07B amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474
History: Regulation .08A amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474)
History: Regulation .08F amended effective September 25, 1995 (22:19 Md. R. 1474)
History: Regulation .09D amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474)
History: Regulation .11 amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474)
History: Chapter recodified from COMAR 26.09.01 to COMAR 26.17.01, June 1996
History: Chapter revised effective February 6, 2012 (39:2 Md. R. 142)
History: Regulation .01B amended effective May 8, 2017 (44:9 Md. R. 438)
History: Regulation .08F amended effective May 8, 2017 (44:9 Md. R. 438)
History: Regulation .09D amended effective May 8, 2017 (44:9 Md. R. 438)
History: Regulation .11A amended effective May 8, 2017 (44:9 Md. R. 438)