AGENDA ITEM 16
December 14,2010
Introduction
MEMORANDUM
TO;
FROM:
County Council
~
Michael Faden, Senior Legislative Attorney
Introduction:
Bill 60-10, Erosion and Sediment Control- Violations
SUBJECT:
Bill 60-10, Erosion and Sediment Control - Violations, sponsored by Councilmember
EIrich, is scheduled to be introduced on December 14, 2010. A public hearing is tentatively
scheduled for January 18, 2011 at 1:30 p.m.
Bill 60-10 would increase the maximum civil penalty for a violation of the County
sediment control law from $500 (initial offense) or $750 (later offense) to $1000.
This packet contains:
Bill 60-10
Legislative Request Report
Circle
#
1
3
F:\LA W\BILLS\1060 Erosion And Sediment Control-Violations\lntro Memo.Doc
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Bill No.
60-10
Concerning: Erosion
and
Sediment
Control - Violations
Revised: 12-9-10
Draft No. 1
Introduced:
December 14, 2010
Expires:
June 14, 2012
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
_--::-~
_ _ _ _ _ __
Sunset Date:
--!..!.No!::.!n-?:e~-:--:=--
_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember EIrich
AN
ACT to:
(1)
(2)
increase the maximlUTI civil penalty for violations ofthe County sediment control
law; and
generally amend the law regarding enforcement of sediment control requirements.
By amending
Montgomery County Code
Chapter 19, Erosion, Sediment Control, and Storm Water Management
Section 19-69
Boldface
Underlining
[Single boldface brackets]
DoobLe underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 60-10
1
2
3
4
Sec.
1.
Section 19-69 is amended as follows:
19-69.
Violations.
Any violation of this Chapter is a Class A violation.
However,
notwithstanding Section 1-19, the maximum penalty for
~
civil violation of Article
I
is $1000 for an initial or repeat offense. Each day a violation continues is a separate
offense.
Approved:
5
6
7
8
Valerle Ervin, President, County Council
Date
9
Approved:
10
Isiah Leggett, County Executive
Date
11
This is a correct copy ofCouncil action.
12
Linda M. Lauer, Clerk of the Council
Date
Vf:\IaW\bills\1060 erosion and sediment control-violations\bill 1.doc
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LEGISLATIVE REQUEST REPORT
Bill 60-10
Erosion and Sediment Control
-
Violations
DESCRIPTION:
Bill 60-10 would increase the maximum civil penalty for a violation
of the County sediment control law from $500 (initial offense) or
$750 (later offense) to $1000 ..
Inadequate level of civil fines to deter violations of the County
sediment control law.
Increase compliance with the County sediment control law.
Department of Permitting Services, Planning Board
To be requested.
To be requested.
To be requested.
To be researched.
Michael Faden, Senior Legislative Attorney, 240-777-7905
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
Currently Class
A.
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