Agenda Item 6B
March 19,2013
Action
MEMORANDUM
TO:
FROM:
County Council
~MiChael
Faden, Senior Legislative Attorney
Action:
Expedited Bill 1-13, Erosion and Sediment Control- Amendments
and
Environment
Committee
SUBJECT:
Transportation,
Infrastructure,
Energy
recommendation: enact with a minor amendment.
Expedited Bill 1-13, Erosion and Sediment Control - Amendments, sponsored by the
Council President at the request of the County Executive, was introduced on January 15, 2013.
A public hearing was held on February 5, at which Rick Brush of the Department of Permitting
Services (DPS), representing, the County Executive, was the only speaker (see testimony, ©62­
63). After the hearing, the Montgomery Soil Conservation District and Poolesville Farmers
submitted comments (see ©64-66). A Transportation, Infrastructure, Energy and Environment
Committee worksession was held on March 11, at which the Committee recommended
enactment of the Bill with one amendment.
Bill 1-13 would bring County erosion and sediment control requirements into compliance
with the Maryland Stormwater Management Act of 2007 and the 2011 Maryland Standards and
Specifications for Soil Erosion and Sediment Control, and require persons that engage in land
disturbing activity in a special protection area to pay a monitoring fee to the Department of
Environmental Protection instead of developing and implementing their own best management
practices monitoring plan.
Committee amendment
Both the Soil Conservation District (see ©64-65) and Poolesville
Farmers (see (66) objected to language in the Bill (see ©4, lines 34-36) that would exclude
logging and timber removal and nursery operations from the definition of (and exemption for)
"agricultural land management practice". Poolesville Farmers also objected to certain other
provisions relating to agriculture, some of which are in the current law. The Committee
recommended adoption ofthe amendment requested by the District (see ©4line 36).
This packet contains:
Expedited Bill 1-13 with Committee amendment
Legislative Request Report
Memo from County Executive
Fiscal and Economic Impact statement
DPS testimony
Soil Conservation District letter
Poolesville Farmers memo
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Expedited Bill No. __
1'--1.:..;:3"----:---:-_ _
Concerning: Erosion
and
Sediment
Control - Special Protection Areas -­
Amendments
Revised: 1-10-13
Draft No. 4
Introduced:
January 15, 2013
Expires:
July 15,2014
Enacted: _ _ _ _ _ _ _ _ __
Executive:
Effective: _ _ _ _ _ _ _ _ _- _
Sunset Date: --l..!.No::::,:n.!.:::e'--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ ___
----------
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive
AN EXPEDITED ACT
to:
(l)
bring County erosion and sediment control requirements into compliance with the
Maryland Stormwater Management Act of2007 and the 2011 Maryland Standards
and Specifications for Soil Erosion and Sediment Control;
require persons that engage in land disturbing activity in an area designated as a
special protection area to pay a monitoring fee to the Department of Environmental
Protection in lieu of developing and implementing their own best management
practices monitoring plan; and
generally amend County law regarding erosion, sediment control, and special
protection areas.
(2)
(3)
By amending
Montgomery County Code
Chapter 19, Erosion, Sediment Control and Storm Water Management
Article I, Erosion and Sediment Control
Sections 19-2, 19-3, 19-4, 19-5, 19-6, 18-7, 19-8, 19-9, 19-10, 19-11, 19-12, 19-13, 19­
14,19-15,19-16, and 19-17
Article V, Water Quality Review in Special Protection Areas
Sections 19-60, 19-62, 19-64, 19-65, 19-66, and 19-67
By renumbering and amending
Montgomery County Code
Chapter 19, Erosion, Sediment Control and Storm Water Management
Article I, Erosion and Sediment Control
Sections 19-1 to 19-1 A
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EXPEDITED BILL
No.1 -13
By adding
Montgomery County Code
Chapter 19, Erosion, Sediment Control and Storm Water Management
Article I, Erosion and Sediment Control
Sections 19-1, 19-4A, 19-5A, 19-5B, 19-8A, and 19-12A
By repealing
Montgomery County Code
Chapter 19, Erosion, Sediment Control and Storm Water Management
Article I, Erosion and Sediment Control
Section 19-3A
Boldface
Underlining
[Single boldface brackets]
Double 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.
&dsting law unciffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
&
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Sec. 1. Cbapter 19, Article I and Article V, are amended as follows:
ARTICLE I. EROSION AND SEDIMENT CONTROL.
19-1.
[Definitions] Purpose and scope.
The purpose of this Chapter is to protect, maintain, and enhance the public
health, safety, and general welfare by establishing minimum requirements and
procedures to control the adverse impacts associated with land disturbances. The
goal is to minimize soil erosion and prevent off-site sedimentation by using soil
erosion and sediment control practices designed in accordance with the applicable
state law and regulations.: Implementing this Chapter will help reduce the negative
impacts of land deVelopment on water resources, maintain the chemical, physical,
and biological integrity of streams, and minimize damage to public and private
property.
This Chapter contains minimum erosion and sediment control requirements
and does not limit or repeal any other powers granted to the County by State law.
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3
4
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19-1A.
Definitions.
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In this Article, these words and phrases have the following meanings:
[(1)
Approved plan:
A set of representational drawings or other documents
submitted by an applicant as a prerequisite to obtaining a sediment control
permit and containing the information and specifications as required by the
department and the district under regulations adopted in accordance with
procedures set forth in this Chapter in order to minimize off-site sedimentation
from land-disturbing activities, and approved by the district as being adequate
to meet the requirements of the state sediment control law and approved by the
department as being adequate to meet the provisions of this Chapter.]
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24
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Administration
means the Maryland Department of the Environment Water
Management Administration.
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Adverse
impact
means any deleterious effect on any water or wetland,
including its quality, quantity, surface area, species composition, aesthetics, or
usefulness for human or natural uses, which
~
or may become, potentially
harmful to human health, welfare, safety or property, biological productivity,
diversity, or stability.
Agricultural land management practice
means
f!
method or procedure used
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32
33
34
in the cultivation of land to further crop and livestock production and
conservation of related soil and water resources.
Agricultural land
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36
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management practice
does not include logging and timber removal operation
[[or wholesale or retail nursery operation]]!.
Applicant
means any person, firm, or government agency that executes the
necessary forms to
illmlY
for
f!
permit or approval to construct
f!
project.
[(2)]
As-built plan[:
A] means
f!
record drawing or plan prepared and
certified by a licensed professional engineer or land surveyor that represents
the actual dimensions, contours, elevations, and other characteristics of a
completed structure or facility.
Best management practice
means
f!
structural device or nonstructural
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practice designed to temporarily store or treat stormwater runoff to mitigate
flooding, reduce pollution, and provide other amenities.
[(3)]
Clearing[:
The] means the act of removing vegetative cover
manner that does not disturb root mat or existing soil surface.
Concept plan
means the first of
J
plans submitted under the comprehensive
III
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a
review and approval process required
Qy
state law and includes the
information necessary to allow an initial evaluation of
f!
proposed project.
[(4)]
Department[:
The] means the Department of Permitting Services.
[(5)
Developer:
A person, partnership, or corporation for whose benefit any
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of the activities covered by this chapter are commenced or carried on. An
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individual who builds a house for the individual's own occupancy is not a
developer.]
[(6)] Director[: The] means the Director of the Department of Permitting
Services or [a duly authorized agent] the Director's designee.
[(7)] District[: The] means the Montgomery Soil Conservation District.
Drainage
~
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means the area contributing runoff to
~
single point measured
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in
~
horizontal plane that is enclosed by
~
ridge line.
Environmental site design means the use of small-scale storm water
management practices, nonstructural techniques, and better site planning to
mimic natural hydrologic runoff characteristics and minimize the impact of
land development on water resources.
[(8)] Erosion[: The] means the process by which the ground surface is worn
by the action of the wind, water, ice, gravity, or artificial means.
Erosion and sediment control means
~
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system of structural and vegetative
measures that minimize soil erosion and off-site sedimentation.
Erosion and sediment control plan means an erosion and sediment control
strategy or plan designed to minimize erosion and off-site sedimentation.
[(9)] Excavating[: Any] means any act by which soil, earth, sand, gravel,
rock, or any similar material is cut into, dug, quarried, uncovered, removed,
displaced, relocated, or bulldozed, and includes the conditions that result from
that act.
[(10) Federal project: Any project on federally owned land that involves
grading, or any project that involves grading and is administered by a federal
agency.]
[(11) Fence, approved: A permanent, semi-permanent or portable fence not
less than forty-two (42) inches in height so constructed and so located as is
approved in the permit application to surround sediment basins, steep
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excavations or ponding areas where required for the safety of members of the
public.]
[(12)]
Filling[:
Any] means any act by which soil, earth, sand, gravel, rock, or
any similar material is deposited, placed, pushed, pulled, or transported.1 and
includes the conditions that result from that act.
83
84
85
86
Final erosion and sediment control plan
means, along with the final
stormwater management plan, the last of
J
plans submitted under the
comprehensive review and approval process required
Qy
state law. A final
erosion and sediment control plan must be prepared and approved as required
Qy
the Department and this Chapter and designed under state Standards and
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Specifications.
[(13)]
Finished grade[:
The] means the final grade or elevation of the ground
surface conforming to the approved grading plan.
[(14)]
Grading[:
An] means an act by which soil
stockpiled, or any combination thereof.
IS
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cleared, stripped,
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Grading unit
means the maximum contiguous area allowed to be graded at
~
given time. For this Chapter,
~
grading unit
is 20 acres or less.
Highly erodible soil
means soil with
~
slope greater than 15% or soil with
~
soil erodibility factor greater than 0.35 and with slopes greater than 5%.
Inspection agency
means the Administration
authority, the Department.
~
if delegated enforcement
[(15)]
Land-disturbing activity[:
Any] means any earth movement and land
changes which may result in soil erosion from water or wind or the movement
of sediments into state waters or onto lands
in
the state, including tilling,
clearing, grading, excavating, stripping, stockpiling, filling and related
activities, and the covering of land surfaces with an impermeable materiaL
@
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[(16)] Low-maintenance ground cover[:
Vegetative] means vegetative
ground cover that provides a thick, stabilizing root mat on slopes with a
gradient between 3:1 and 2: 1, and continues to provide that stabilization
without requiring mowing or fertilization more than once each year.
Maximum extent practicable
means designing
~
stormwater management
system so that all reasonable opportunities for using environmental site design
planning techniques and treatment practices are exhausted and only where
absolutely necessary is
~
structural best management practice implemented.
[(17)] Natural ground surfacer:
The] means the ground surface in its original
state before grading, stripping, excavating or filling, or other land-disturbing
activities.
OwnerlDeveloper
means
~
person undertaking, or for whose benefit is
undertaken, any activity covered
!2y
this Chapter.
Owner/Developer
does not
include
~
general contractor or subcontractor who does not have
interest in
~
project.
~
proprietary
[(18)] Permit[:
The] means the [Montgomery County] sediment control
permit issued by the Department authorizing land-disturbing [activities]
activity [in accordance with the requirements ot] under this Chapter.
[(19)] Permittee[:
Any] means any person to whom a permit
[pursuant to] under this Chapter.
IS
issued
[(20) Person:
Any individual, corporation, partnership, joint venture, agency,
unincorporated association, municipal corporation, County or state agency
within the state, or any combination thereof.]
Person
means the federal government, the State, any county, municipality, or
other political subdivision of the State, or any of their units, or an individual,
receiver, trustee, guardian, executor, administrator, fiduciary, or representative
6).
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of any kind, or any partnership, finn, association, public or private corporation,
or any of their affiliates, or any other entity.
[(21)]
Professional engineer
means an engineer duly registered by the State
[of Maryland] to practice professional engineering under [the requirements of
Title 14 of the Business Occupations and Professions Article of the Maryland
Code] state law.
[(22)] Professional land
surveyor
means a person who is duly registered and
licensed as such under [the requirements of Title 14 of the Business
Occupations and Professions Article ofthe Maryland Code] state law.
[(23)]
Responsible personnel[:
Any] 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
[associated with earth changes or disturbances] plan.
[(24)]
Sediment[:
Soils] means soil, sand, stone, or other surface [materials]
material transported or deposited by the action of wind, water, ice, or gravity[,
or artificial means].
[(25)]
Site[:
Any lot or parcel of land or a series of lots or parcels of land
adjoining or contiguous or joined together under one
(1)
ownership where
grading, excavating or filling is, was, or will be perfonned.] means any tract,
lot, or parcel of land, or combination of tracts, lots, or parcels of land that are
contiguous and in one ownership
.1
or contiguous and in diverse ownership,
where development is to be perfonned as part of
~
unit, subdivision, or project.
Site development plan
means the second of
.1
plans submitted under the
comprehensive review and approval process required
Qy
state law. A
site
development plan
must include the infonnation necessary to allow
~
detailed
evaluation of
~
proposed project.
.@-
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Stabilization
means the 12rotection of exposed soils from erosion
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the
ap12lication of seed and mulch, seed and matting, sod, other vegetative
measure, or structural means.
[(26)]
Sloper:
The] means the inclined surface of a fill, excavation, or natural
terrain.
[(27)]
Soil[:
Any] means any earth, sand, gravel, rock, or any other similar
material.
[(28)]
Standards and specifications[:
The] means the "[1983] 2011
Maryland Standards and Specifications for Soil Erosion and Sediment
Control" or any [subsequent revisions] later revision.
[(29)
State project:
Any project on state-owned land that involves grading.
Use of state funds does not necessarily qualify an activity as a state project.]
Stormwater
means water that originates from
f!
12reci12itation event.
Stormwater management
system means
f!
natural area, environmental site
design 12ractice, stormwater management measure, or any other structure
through which stormwater flows, infiltrates, or discharges from
f!
site.
[(30)]
Stripping[:
Any] means any activity which removes the vegetative
surface cover, including tree felling or removal, clearing, grubbing and
storage, or removal of topsoil.
[(31)]
Tree[:
Any] means any woody plant having at least [one
(1)]
defined stem or trunk measuring at least [three (3)]
height [(DBH)].
Tree canopy
means the area of one or many crowns of the trees on
f!
site,
including trees in forested areas.
Variance
means
f!
modification of minimum erosion and sediment control
requirements for exceptional circumstances when strict adherence to the
1
well­
2.
inches diameter at breast
®
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requirements would result m unnecessary hardship and not achieve the
purposes of this Chapter.
[(32)] Watercourse [or drainageway: Any] means any natural or artificial
watercourse, including [but not limited to streams, rivers, creeks, ditches,
channels, canals, conduits, culverts, drains, waterways, gullies, ravines, or
washes] any stream, river, creek, ditch, channel, canal, conduit, culvert, drain,
waterway, gully, ravine, or wash in which water flows in a defmite direction or
course, either continuously or intermittently[; and including any area adjacent
to itl:. Watercourse includes an adjacent area that is subject to inundation [by
reason of] from overflow or floodwater.
Watershed means the total drainage area contributing runoff to 2 single point.
19-2.
(a)
Permits required.
[A] Except as provided in this Chapter,
2
person must not engage in any
land-disturbing activity without first obtaining a permit [from the
Department, except as provided in this Chapter].
[(b)
This Chapter must not be construed to be in conflict with state sediment
control law .]
[(c)]
®
A permit is not required under this Chapter for [the following]:
(1)
[Any] any minor land-disturbing activity that:
[(a)] (A) [Is] is not associated with construction of a new
residential or commercial building;
[(b)]
m2
[Involves] involves less than 100 cubic yards of earth
movement;
[(c)]
(Q
[Disturbs] disturbs less than 5,000 square feet of surface
area; [and]
[(d)] (D) is not associated with
2
change of use from residential to
any other use; and
D
/lo\
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tID
(2)
[Is] is promptly stabilized to prevent erOSlOn and
sedimentation;
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[Accepted] accepted agricultural land management practices and
agricultural best management practices used in the cultivation of
land [in order] to further crop and livestock production, such as
plowing and construction of an agricultural [structures] structure
on land that:
[(a)] (A) [Has] has been farmed by, or with the permission of, the
same owner during the [proceeding] preceding 5 years; or
[(b))
(ill
[In] in the event of a transfer of ownership or other
appropriate circumstance, is the subject of a declaration of
intent to farm under [Title 13 of the Tax-Property Article
of the Maryland Code] state tax law or a comparable
declaration filed with the Department by the owner[. This
exemption does not include wholesale or retail nursery
operations or logging and timber removal operations];
(3)
[Tree] tree cutting [at or above existing ground] that leaves the
stump, ground cover, and root mat intact and which disturbs less
than 5,000 square feet of [surface] tree canopy area;
(4)
[Utility] utility work performed under a Washington Suburban
Sanitary Commission utility sediment control permit [that is
issued under the rules and regulations that the Commission
adopts under the state sediment control law] ; or
(5)
[Federal or state projects exempted under the state sediment
control law.] any clearing or grading activity that is subject
exclusively to State approval and enforcement under State law
and regulations.
~
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19-3.
Application lot] for permit.
(a)
[To obtain a permit an applicant first must file an application in writing
upon forms furnished by the department.
The application must be
signed by the owner of the property, or an authorized agent of the
owner, where the land-disturbing activity is to be performed. If the
owner is a corporation, the application must be signed by the president
or vice-president and attested by the secretary or assistant secretary. The
corporate seal must be affixed to the application.]
An
application for .{!
permit must be filed on forms approved
Qy
the Department and include:
ill
all information required
Qy
the Department, including identity of
property owner, developer of the property, and land disturbing
activity to be performed;
ill
written permission from the owner for agents of the Department
to enter the property specified in the application for inspection
and enforcement under this Chapter;
ill
all required fees;
all related soil erosion and sediment control plans; and
any required financial security.
ill
ill
[(b)
A sediment control permit must be issued in the name of the current
property owner.
(c)]
(hl
A separate permit is required for each [separate noncontiguous] site.
[(d)]
{ill
[Sediment] A sediment control [permits are not] permit is transferable.
[(e)]
@
A permit must not be issued for land disturbance associated with
building or development that is not permitted by [existing] applicable
zoning, special exceptions, and variances [applicable to the land].
~
A permit must not be issued to .{! person who must comply with Chapter
22A until.{! final forest conservation plan is approved and any required
@
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financial security is provided. However,
£!
pennit may be issued before
£!
final forest conservation plan is approved if the land disturbing
activity is specified on the approved preliminary plan of subdivision,
preliminary forest conservation plan, project plan, development plan, or
approved plan amendment. Any land-disturbing activity must comply
with all tenns and conditions of the pennit.
ill
The Department must issue
£!
pennit to an applicant if the application
and plans comply with this Chapter, applicable regulations, and the
Standards and Specifications.
[(f)]
(g) A sediment control pennit must not be issued for any grading or land­
disturbing activity that is located [within] in or within [twenty-five (25)]
25 feet of a lOO-year floodplain if the activity requires and has not
received a floodplain district pennit under [article] Article III.
[19-3A.
[(a)
Permit limitations.]
(1)
This Section applies to any proposed land-disturbing activity or
associated development that is required to be reviewed under
Chapter 22A, Forest Conservation - Trees, before the
I
and­
disturbing activity or associated development can occur.
(2)
Except as provided in subsection (b), the director must not issue a
sediment control pennit to a person who must comply with
Chapter 22A, Article II, until:
(A)
a final forest conservation plan, if required, is approved;
and
(B)
any financial security instrument required under Chapter
22A is provided.
(b)
Land-disturbing activities may occur before approval of a final forest
conservation plan if the activities are specified on the approved
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preliminary plan of subdivision, preliminary forest conservation plan,
project plan, development plan, or development plan amendment, and
are in accordance with the terms of the sediment control permit.]
19-4.
[Engineered plans] Variances.
[(a)
(1)
An
application for a permit must be accompanied by:
a.
An
erosIOn and sediment control plan that, where
applicable, is approved by the State Department of Natural
Resources or Maryland National Capital Park and
Planning Commission;
b.
The permit fee; and
A performance bond.
c.
(2)
Plans must be prepared and certified by:
a.
A professional engineer, land surveyor, or architect; or
Other person qualified and approved by the department.
In
b.
(3)
Erosion and sediment control plans must be designed
accordance with:
a.
The provisions of this chapter, regulations, and the
standards and specifications; and
b.
Requirements of the Montgomery Soil Conservation
District.
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(b)
(1)
A copy of the plan must be referred to the district for review of
the proposed erosion and sediment control measures.
(2)
The district must notifY the department of its recommendations or
approval so that the application may be processed in a timely
manner.
(3)
A permit must not be issued until the plan is approved by the
department and the district.
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(c)
(1)
The department may waive the requirement for plans or drawings
if it finds that the information on the application is sufficient to
show that proposed work will conform to the requirements of this
chapter.
(2)
This waiver must not be construed as waiving the requirements of
the district.
(3)
The permittee is bound by conditions of the application, this
chapter, and regulations.
(4)
Failure to comply with these requirements may result in the
department requiring submission and approval of an engineered
erosion and sediment control plan.
(d)
(1)
Utility construction must not take place in Montgomery County
until an erosion and sediment control plan is submitted to and
approved by the Washington Suburban Sanitary Commission and
the department.
(2)
A note must be included on that approved plan that requires the
utility contractor to repair and maintain in effective condition any
erosion and sediment control measures affected by the utility
construction. ]
The Department may only grant g variance from the requirements of the
Standards and Specifications when strict adherence will result in exceptional
hardship and not achieve the purposes of this Article. The applicant must submit g
written request for g variance to the Department. The request must specify the
variance sought and the reasons to allow it. The Department must not grant
variance unless the unique circumstances of the site justify the variance.
~
19-4A.
Review and Approval of Erosion and Sediment Control Plans.
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(ill
The Department must review each erosion and sediment control plan to
determine compliance with this Chapter and the Standards and
Specifications before the plan can be approved. In approving
~
plan, the
Department may impose conditions necessary to ensure compliance
with this Chapter and state law and to protect public health and safety.
@
The review and approval process must be part of the comprehensive and
integrated plan approval process described in state law.
(£)
A concept plan must at least include the mapping of natural resources
and sensitive areas, including highly erodible soils and slopes greater
than 15%,.
If these areas would not remain undisturbed, either the
concept or site development plan must describe any enhanced protection
strategy for these areas during construction.
@
A site development plan application must include all concept plan
information and indicate how any proposed erosion and sediment
control practice will be integrated with any proposed stormwater
management practice. The stormwater management practice must be
shown through
~
narrative and an overlay plan showing both
environmental site design and any erosion and sediment control
practice.
An
applicant should submit an initial sequence of construction
and proposed project phasing to achieve the grading unit restriction. If
the Director approves, the concept plan and site development plan may
be combined
!.
{§)
An
applicant must submit
~
final erosion and sediment control plan to
the Department for review and approval. The plan must include all
information required
~
the concept plan and site development plan and
any relevant information not already submitted.
®
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ill
19-5.
(a)
A final erosion and sediment control plan is not approved until the
Department
~
and dates the plan.
Modifications of plans.
[Major modifications] Any major modification of [the] an approved
[plans] plan must be submitted to the [department, reprocessed]
Department and processed in the same manner as the original plan, [and
referred in accordance with section
19-4
of this chapter] where:
(1)
[Field] field inspection or evaluation of the plan has revealed the
inadequacy of the plan to accomplish erosion and sediment
control objectives; or
(2)
[The] the person responsible for carrying out the approved plan
finds that, because of changed circumstances or for other reasons,
the approved plan cannot be effectively carried out.
(b)
The [department] Department may, in emergency situations and at its
discretion, require the installation of interim erosion and sediment
control measures to protect stream channels, other properties, or the
general public from damage, that will remain in effect until
modifications or revisions to the plan are approved and implemented.
(c)
[Field modifications of a minor nature may be authorized by the
department] The Department may allow
f!
minor field modification[;
provided, that those revisions are] if the modification is consistent with
[the requirements oJ1 this [chapter] Chapter, regulations, and [the
standards and specifications] state law.
district]
Department must establish a
[for this
purpose]
The [department and the
list of allowable
approval
field
modifications.1
Administration.
subject to
Qy
the
-@-
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(d)
If a violation of the limits of disturbance shown on the approved plan
involves removal or damage to trees, the permittee must obtain and
implement an approved reforestation plan from the [Maryland-National
Capital Park and] Planning [Commission] Board.
400
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19-5A.
Contents of
ill!
Erosion and Sediment Control Plan.
ill
An applicant is responsible for submitting an erosion and sediment
control plan that meets the requirements of the Department, this
Chapter, and state law. The plan must include sufficient information to
evaluate the environmental characteristics of the affected area, the
potential impacts of the proposed grading on water resources, and the
effectiveness and acceptability of any measure proposed to minimize
soil erosion and off-site sedimentation.
!hl
An
applicant must at least submit:
ill
ill
~
letter of transmittal and/or application;
the name, address, and telephone number of:
(A)
the owner of the property where the grading is proposed;
the developer; and
the applicant;
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423
ill}
.cg
ill
ill
~
vicinity map indicating north arrow, scale, site location, and
other information necessary to easily locate the property;
~
drainage area map at
.L ::
200' minimum scale, showing
existing, interim, and proposed topography, any proposed
improvement, standard symbols for proposed sediment control
features, and pertinent drainage information, including provisions
to protect downstream areas from erosion for at least the closer of
200 feet downstream or the next conveyance system;
@
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ill
the location of any natural resource, wetland, floodplain, highly
erodible soil, slopes 15% and steeper, and any other sensitive
area;
(§)
~
general description of the predominant soil
~
on the site, as
described in appropriate soil survey information available
through the local soil conservation district or the USDA Natural
Resources Soil Conservation Service;
ill
ill
any proposed stormwater management practice;
an erosion and sediment control plan, including:
®
the existing topography and improvements, and any
proposed topography and improvements, at
between
~
scale
.L
:=
10' and
.L
==
50' with
~
foot contours or
another approved contour interval. For any project with
more than minor grading, interim contours may also be
required;
lID
{Q!
scale, project and sheet title, and north arrow on each plan
sheet;
the limit of disturbance (LOD), including:
ill
(ii)
(iii)
limit of grading (grading units, if applicable);
initial, interim, and final phases; and
staging and stockpile areas, including those on
existing impervious areas;
(ill
the proposed grading and earth disturbance, including:
ill
(ii)
(iii)
total disturbed area;
volume of cut and fill quantities; and
volume of borrow and spoil quantities;
an
any storm drainage feature, including:
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ill
any existing or proposed bridge, storm drain,
culvert, or outfall;
(ii) velocities and peak flow rates at outfalls for 2-year
and 10-year frequency storm events; and
(iii) site conditions around points of all surface water
discharge from the site;
ill
any erosion and sediment control practice to minimize on­
site erosion and prevent off-site sedimentation, including:
ill
salvage and reuse of topsoil;
(ii) phased construction and implementation of a
grading unit to minimize disturbance, both in extent
and duration;
(iii) the location and
control practice;
(iv) design details and data for any erosion and sediment
control practice; and
~
of any proposed sediment
ill
any specification for any temporary and permanent
stabilization measure, including:
L
The "Standard Stabilization Note" on the plan
stating:
"Following initial soil disturbance or re­
disturbance,
permanent
or
temporary
stabilization must be completed within:
a.
1
calendar days as to the surface of any
perimeter dike, swale, ditch, perimeter
slope, and any slope steeper than
1
horizontal to
1
vertical
Ql1
and
@
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(y)
b.
1
calendar days as to any other
disturbed or graded area on the project
site not under active grading.";
2.
any detail for an area requiring accelerated
stabilization; and
3.
any maintenance requirement under state law;
(ill
a sequence of construction describing the relationship
between the implementation and maintenance of any
control, including permanent and temporary stabilization,
and the stages or phases of each disturbance and
construction. The Department must approve any revision
to the sequence of construction before construction begins.
The sequence of construction must include:
ill
(ii)
!!
request for
!!
pre-construction meeting with the
appropriate enforcement authority;
clearing and grubbing as necessary to install
perimeter controls;
(iii)
(iv)
construction and stabilization of perimeter controls;
remaining clearing and grubbing within installed
perimeter controls;
road grading;
grading for the rest of the site;
(vi)
(vii) utility installation and connections to each existing
structure;
(viii) construction of any building, road, and other
construction;
Ox)
final grading, landscaping, and stabilization;
V
IW­
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00
(xi)
installation
measure;
of
any
stonnwater
management
approval of the appropriate enforcement authority
before removing any sediment control; and
(xii) removal of any control and stabilization of any area
that is disturbed
by
the removal of
control;
(H)
~
sediment
511
512
513
a statement requiring the pennittee to contact the
Department at the following stages of the project or as
required in the approved erosion and sediment control
plan, grading pennit, or building pennit:
514
515
516
517
518
ill
(ii)
before beginning any earth disturbance;
after completing the installation of any perimeter
erosion and sediment control, but before any other
earth disturbance or grading;
519
520
521
522
523
524
525
(iii)
before beginning another phase of construction or
opening of another grading unit; and
(iv)
before removing any sediment control practice;
ill
certification
by
the pennittee that any clearing, grading,
construction, or development will be done as required
by
the approved erosion and sediment control plan.
The
526
527
528
certification must also require that the responsible
personnel involved in the construction project have earned
~
Certificate of Training at an training program approved
529
530
by
the state Department of the Environment for the control
of erosion and sediment before beginning the project; and
-@­
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ill
certification
by
~
professional engmeer, land surveyor,
landscape architect, architect, certified professional in
erosion and sediment control, or forester (for forest harvest
operations only) registered in the State, that the plan
complies with erosion and sediment control laws,
regUlations, and standards, if required
by
the Department
or the Administration; and
(2}
any additional information or data that the Department specifies.
19-5B.
Standard Erosion and Sediment Control Plan.
The Department may adopt
~
ill
standard erosion and sediment control
~
plan for any activity with minor earth disturbance, such as
single­
family residence, small commercial or other similar building site, minor
maintenance grading, and minor utility construction.
au
W
19-6.
A standard erosion and sediment control plan must meet the
requirements of this Chapter and state law.
The state Department of the Environment must approve
before the Department adopts it.
Fees.
~
standard plan
The [county executive, by written regulations, adopted under method (3) of
section 2A-15 of this Code,] County Executive,
by
Method
J
regulation, may
establish, increase.! or decrease permit and inspection fees and set nonrefundable fee
schedules for filing, additional submissions, and permit renewals in an amount that
does not [to] exceed the reasonable cost of administering and enforcing this [chapter]
Chapter.
19-7.
Permit conditions.
[In granting any permit, the director may attach the conditions that the director
deems reasonably necessary to prevent sedimentation to public or private property or
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any sewer, stonn drain, or watercourse, to prevent the operation from being
conducted in a manner hazardous to life or property, or in a manner likely to create a
nuisance. Those conditions may include the erection or installation of walls, drains,
dams and structures, plantings, erosion and sediment control measures or devices,
furnishing necessary easements and a specified method of perfonning the work.
These items must be identified on the sediment control plan submitted for approval.
A pennit must not be issued until an erosion and sediment control plan is approved
by the department and the district, and the owner certifies that all land-disturbing
activities will be perfonned pursuant to the erosion and sediment control plan and
modifications incorporated pursuant to section
19-5.
The approved plan must be a
condition of the pennit. In addition, the pennit must not conflict with conditions
shown on the approved subdivision plan, development plan, development plan
amendment, forest conservation plan, or the approved site plan regarding building
restriction lines, limits of disturbance, forest or tree conservation areas, and
conservation easements.
A
person must not violate any pennit condition.}
iru
The Director must attach any condition to each pennit that is necessary
to:
. ill
ill
ill
ill
®
prevent sedimentation to public or private property or
f!
sewer,
stonn drain, or water course;
prevent
f!
land disturbing activity from being hazardous to life or
property;
prevent an adverse environmental impact; and
assure compliance with the plan.
These
Each condition must be listed on or attached to the plan.
conditions may include requirements for
f!
wall, drain, dam, structure,
planting, erosion and sediment control device, or necessary drainage
easement.
/24\­
v
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W
The Director must reqUIre each permittee to designate responsible
personnel to take charge of on-site clearing, grading or sediment control
associated with an approved land disturbing activity. Any individual so
designated must have completed
Administration.
~
training program approved
hy
the
@
Responsible personnel must:
ill
ill
inspect the site each week to assure compliance with the plan;
and
maintain
~
log which details the results of any inspection,
assessment of conditions and maintenance of any sediment
control device.
ill
The Director may require
~
permittee to provide an independent design
professional to monitor and report to the Department on installation and
maintenance of an erosion and sediment control device if
~
violation of
the plan caused serious environmental impact to
~
~
watercourse or when
land disturbing activity is taking place in an environmentally sensitive
area.
602
603
ill
The Director must require
~
permittee to implement any reasonable
precaution to prevent particulate matter from becoming airborne when
any land disturbing activity is planned in
~
potential asbestiform area.
604
605
606
19-8.
Permit expiration and renewal.
[Permits issued under this chapter expire at the end of the period of time set
607
608
out in the permit.
Permits will be renewed provided that the interval between
documented sediment control inspections does not exceed six (6) months and that
erosion and sediment control plan approval by the district is not expired or
withdrawn. Where the director determines that the extension of time will require a
substantial modification of the grading, erosion and sediment control plan, any
609
610
611
@
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extension of a permit is subject to approval of a revised erosion and sediment control
plan by the department and the district.] Any permit and plan is valid for
2.
years after
it is issued.. The Director may extend any permit or plan for
1
year if g permittee so
requests. The Director may impose an additional standard or requirement as part of
any extension.
extension.
The Director may require g plan modification as part of any
19-8A.
Grandfathering of Approved Plans.
Any plan that is finally approved after January
2.,.
2013, must comply
with this Chapter and state law.
W
(hl
A plan that is finally approved on or before January
2.,.
2013, may be
reapproved with existing conditions if any grading activity begins on the
site
Qy
January
2.,.
2015, except any stabilization requirement.
(£)
Any stabilization practice must comply with this Chapter and state law
Qy
January
2.,.
2013, regardless of when an approved erosion and
sediment control plan was approved.
19-9.
(a)
Permit revocation or suspension; stop work order.
[Any] The Director may suspend or revoke any permit issued under this
[chapter] Chapter [may be revoked or suspended by the director], after
notice, for:
(1)
[Violation] violation of the plan or any [other] condition of the
permit;
(2)
[Violation] violation of [any provision of] this [chapter] Chapter
or any other applicable law[, ordinance, rule,] or regulation
relating to the work;
(3)
[Existence of] any condition or [the doing of any] act
[constituting or] creating a nuisance[,] or hazard.1 or endangering
human life or the property of others; or
~
~
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(4)
[Failure] failure of the approved erosion and sediment control
plan to achieve required erosion and sediment control objectives
due to site characteristics or conditions.
(b)
In addition to the Director's authority under subsection (a), the
[director] Director may post a site with a stop work order directing that
all land-disturbing activity [cease] stop immediately, [provided that] if:
(1)
[The] the land-disturbing activity violates a condition or
requirement of a [Montgomery] County or Washington Suburban
Sanitary Commission sediment control permit, application or
approved plan or [any provisions of) this [chapter] Chapter or
applicable regulations;
(2)
[Written] the Department has given written warning notice [is
furnished] to the permittee or [the] its representative [of the
permittee] that lists any corrective measures required and the time
[within]
Qy
which the corrections must be made; and
(3)
[The] the permittee [fails to] does not comply with the warning
notice within the specified time.
(c)
[A] The Director may issue
f!
stop work order [may be issued] without
f!
warning notice where:
( 1)
land disturbance is taking place that requires a permit under this
Chapter and [for which one]
f!
permit has not been issued;
(2)
required sediment control measures are not installed, inspected,
and approved before the land disturbance;
(3)
(4)
the limits of disturbance are being violated; or
inspection reveals the existence of any condition or [the doing of
any] act that[:
a.
Is or creates a nuisance or hazard; or
@
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b.
(d)
Endangers] endangers human life [or the].'1 property of
others.'1 or water quality.
The [department] Department must provide written notice to the
permittee or [a] its representative [of the permittee] when a stop work
order is issued. That notice must specify the extent to which work is
stopped and the conditions under which work may resume.
The
permittee is responsible for the actions of its agents [of the permittee]
and must notify those agents when a stop work order is issued that will
affect an area within which the agents are to work.
In
this [application]
context, "agent" [is defined as] includes any person who acts at the
instruction, with the permission, or to the benefit ofthe permittee.
(e)
A person must not continue or permit the continuance of work in an
area covered by a stop work order, except any work required to correct a
sediment control violation.
(f)
This Section does not restrict the department from proceeding directly
with any available alternative enforcement (procedures] procedure
under Section 19-69.
(g)
If trees have been cut in violation of this Chapter, the Department may
require as a corrective measure that the violator comply with a
reforestation plan approved by the Planning Director [of the Planning
Board].
19-10.
(a)
[Performance bond.] Financial Security.
(1)
The [director] Director must, before issuing a permit, require a
corporate bond or an irrevocable letter of credit from a financial
institution, or a cash bond, a certificate of guarantee, or other
instrument, in a form satisfactory to the [director] Director and
approved by the County Attorney. That instrument [is] must be
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conditioned [upon] on the faithful performance of the conditions
in the permit, and any soil erosion and sediment control
[measures] measure specified in the permit, within the time
specified by the [director] Director or [within] any extension
granted by the [director] Director.
[For the purposes of this
article] In this Article, a certificate of guarantee is an instrument
issued by an organization or entity that is approved by the
[director] Director and meets the capitalization and other
reasonable criteria [as are] established by [executive] regulation,1
including~
®
the demonstrated expertise of the issuing organization or
its members in erosion and sediment control;
an
(Q)
the estimated square footage of the land included in the
land-disturbing activity to be performed by the permittee;
the estimated square footage of the area of all 1
and­
disturbing activities guaranteed by the issuing organization
or entity; and
ill.)
the incidence of violation of, or otherwise failing to
comply with, [the provisions of] this [chapter] Chapter by
all members ofthe issuing organization or entity.
ill
ICertificates] A certificate of guarantee must only be issued by an
approved organization or entity on behalf of members in good
standing of that organization or entity. Any question as to the
eligibility of a permittee to post a certificate of guarantee must be
resolved by the [director] Director in the Director's sole
discretion [of the director].
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719
720
721
722
ill
The amount of the bond, irrevocable letter of credit, certificate of
guarantee, or other instrument required by this section is [three
hundred dollars ($300.00)] $300, plus [two cents ($0.02)]
.f
cents
per square foot of the area included in the land-disturbing
activity, plus [amounts as deemed necessary] an amount set by
the [director] Director to secure the costs of improvements
required in approved plans, which must not [to] exceed a total
[amount] of [ten thousand dollars ($10,000.00)] $10,000.
723
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730
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ill
The instruments required under this Section may be combined
with the instruments required under Section 19-32 pertaining to a
storm water management facility, so that one
[(1)]
instrument
may be used to satisfy both requirements.
ill
The [director] Director may grant a partial or complete waiver of
the bond, letter of credit, certificate of guarantee, or other
instrument, upon application, [where] if the [director] Director
finds minimal impairment of existing surface drainage, minimal
erosion hazard, and minimal sedimentation hazard [upon] on any
adjacent land or watercourse, and no hazard to human life or
property.
(§)
A corporate bond or letter of credit must be executed and
maintained by a financial institution, surety, or guaranty company
qualified to do business in this state and must be conditioned
[upon] on the faithful performance of the conditions and soil
erosion and sediment control measures specified in the permit. A
cash bond must be deposited with the [director of finance]
Director of Finance, who must give a receipt for it, reciting that
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the cash has been deposited in compliance with and subject to
[the provisions of] this Section.
m
The bond, letter of credit, certificate of guarantee, or other
instrument obligates the permittee, the permittee's executors,
administrators, successors and assigns, jointly and severally with
the surety or issuing organization or entity.1 and inures to the
benefit of the County[, its officers, employees,] and to any person
aggrieved by the permittee's failure to comply with the conditions
of the permit. The permittee and the issuing organization or
surety must, under the bond, letter of credit, certificate of
guarantee, or other instrument, continue to be firmly bound under
a continuing obligation [for the payment of] to
llliY
all necessary
costs and expenses or liabilities which may be incurred or
expended by the [department] Department to meet the minimum
requirements ofthis [chapter] Chapter.
(b)
[Whenever] If the [department] Department finds that a default has
occurred in the performance of any term or condition of the permit,
bond, letter of credit, certificate of guarantee, or other instrument, the
Department must give written notice [must be given] to the permittee
and to the surety or issuing organization or entity. That notice must
[state] specify the work to be done, the estimated cost, and the period of
time [deemed by] the [department] Department finds to be reasonably
necessary [for completion of] to complete the work.
(c)
If a cash bond has been posted, notice of default as provided by the
preceding paragraphs must be given to the permittee; and if compliance
is not obtained [within] in the time specified, the [department]
Department must proceed without delay.1 and without further notice or
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proceedings.l to use the cash deposited, or any [portion] part of the
deposit, to cause the required work to be done by contract or otherwise
in the Director's discretion [of the director].
(d)
[In the event of] After any default in the perfonnance of any tenn or
condition of the penn it, bond, letter of credit, certificate of guarantee, or
other instrument, the [county] County, the surety, the issuing
organization or entity, or any person employed or engaged on its behalf
[has a right to go upon] may enter the site to complete the required work
necessary to control erosion and sedimentation to protect properties,
watercourses, and persons.
[In the event] If the [department]
Department undertakes this work with the funds from a forfeited cash or
corporate bond, letter of credit, certificate of guarantee, or other
instrument, the funds must be used to pay the cost of contracting,
including engineering and administration, for necessary restoration of
the site to control erosion and sedimentation [within the requirements
of] as required
Qy
the plan, pennit, bond, letter of credit, certificate of
guarantee, other instrument, or this [chapter] Chapter. If the cost of the
work necessary to control erosion and sedimentation or to protect
properties, watercourses, and persons exceeds the amount of the cash or
corporate bond, letter of credit, certificate of guarantee, or other
instrument, the pennittee must continue to be [finnly bound under a
continuing obligation for payment of] obligated to
~
all excess costs
and expenses incurred by the [county] County. The cost and expenses
are a lien [upon] on all property and all rights to property, real or
personal, of any person liable to pay that cost. The cost [is] may be
listed on the tax bill and [is] collected in the manner of ordinary taxes.
@
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798
799
800
801
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813
(e)
A person must not interfere with or obstruct the [ingress or egress1
access to or from a site or premises by an authorized representative or
agent of any surety, issuing organization or entity, or the [department1
Department, engaged in completing the work required to be performed
under the permit or in complying with the [terms or conditions of the]
permit.
(t)
A corporate bond, letter of credit, certificate of guarantee, or other
instrument remains in [full force and] effect until a completion
certificate is issued [pursuant to section1 under Section
19-14
[of this
chapter] . A cash bond must be returned to the depositor or to the
depositor's successors or assigns [of the depositor upon issuance of]
when a completion certificate is issued for the work [in accordance with
section] under Section
19-14
[of this chapter], except any portion that
may have been used.
(g)
The [director1 Director immediately must [revoke1 suspend the permit
or issue
~
stop work order [upon failure of] when any permittee [to]
814
815
does not maintain the bond or certificate of guarantee. If the [director1
Director finds a violation of an applicable law or regulation by an
organization or entity issuing certificates of guarantee, the [director]
Director may immediately revoke all permits of members of that
organization or entity for which a certificate of guarantee is posted, and
may post stop work orders wherever applicable until an appropriate
bond or other instrument acceptable to the [county] County
substituted for the certificates of guarantee.
19-11.
Liability insurance.
IS
816
817
818
819
820
821
822
823
W
I11, in the opinion of the director,] the Director finds that the nature of
the work [is such that is] may create a hazard to human life or endanger
824
!J31­
o
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adjoining property or property at a higher or lower elevation, or any
street or street improvement, or any other public property, [then] the
[director] Director may, before issuing the permit, require [that] the
applicant for a permit to file a certificate of insurance.
W
[That] The certificate must show that the. applicant is insured against
claims for damages [for damages] for personal injury and property
damage in an amount not less than [twenty-five thousand dollars
($25,000.00)] $25,000. Those damages include damage to the County
by deposit or washing of material onto County streets or other public
improvements, which may arise from or out of the performance of the
work, whether the [performance be] work is performed by the applicant,
[the]
~
832
833
834
835
836
subcontractor [of the applicant], or any person directly or
837
838
indirectly employed by the applicant.
if)
The Director must set the amount of insurance [must be prescribed by
the director in accordance with] according to the nature of the risks
involved.
Insurance must be written by a company licensed to do
839
840
841
842
843
844
845
business in the state and approved by the County. [Neither issuance]
Issuance of a permit, [nor] or compliance with [these provisions] this
Chapter or any condition imposed by the Department,. [relieves] does
not relieve any person from any responsibility for damage to persons or
property otherwise imposed by law[, nor] or impose any liability [upon
the county] on the County for damages to persons or property.
19-12.
Inspections.
846
847
848
849
(a)
[Authorized representatives] Any authorized representative of the
[department] Department may enter [properties] any property permitted
under this [chapter] Chapter [for the purpose of inspection] to inspect
850
f34\
c.::.;
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876
and [enforcement of the prOVISIOns of the] enforce this [chapter]
Chapter.
(b)
Land-disturbing activity [may] requiring
£!
permit must not proceed until
[approved by] the [department] Department approves. All work must
be performed in accordance with [a sequence shown on the approved
plan or a revised] the sequence approved by the [department]
Department.
(c)
The permittee [shall) must notify the [department] Department [forty­
eight (48)] 48 hours before [commencing] beginning any land­
disturbing activity and, unless [waived by] the [department] Department
waives the meeting, [is required to] must hold a preconstruction meeting
[between the permittee or the representative of the permittee and] with
an authorized representative of the [department] Department.
(d)
[A] The permittee must keep
£!
copy of the approved erosion and
sediment control plan and the [sediment control] permit [must be]
available on the site for inspection by any authorized [representatives]
representative of the [department] Department. Field markings showing
limits of disturbance must be on site during any [installation of sediment
control measures, construction, or other] land-disturbing [activities]
activity.
(e)
Each site that has [a designed] an erosion and sediment control plan
must be inspected [as necessary to ensure that sediment control
measures are installed and effectively maintained in compliance with
the approved plan and permit requirements] on average, every
~
weeks.
[As a minimum] Unless waived, the permittee must obtain an inspection
by the [department] Department at the following stages:
0)­
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(1)
[Following the installation ot] after installing any sediment
control [measures] measure or [practices] practice and [prior to]
before any other land disturbance;
(2)
[During] during the construction of any sediment [basins] basin
or stormwater management [structures] structure, at [the] each
required inspection [points] point;
(3)
[During] during rough grading, including hauling of any
imported or wasted [materials] material;
(4)
[Prior to the removal or modification ot] before removing or
modifying any sediment control measure or practice; and
(5)
[Upon completion ot] after completing final grading, including
established ground [covers] cover and planting, installation of
[all] any vegetative [measures] measure, and all other work [in
accordance with] required
Qy
the approved plan.
(f)
If [there is a failure to]
~
person does not comply with [the requirements
ot] this [chapter] Chapter, the [department] Department must inspect the
work and notifY the permittee [or] and the [representative of the
permittee] responsible personnel in writing. The notice issued must[, as
a minimum,] at least state the nature of the violation, any practice or
plan
[deficiencies]
deficiency,
required
corrective
action,
and
compliance time. Any [portion] part of the work that does not comply
promptly must be corrected by the permittee.
The [department]
Department may make additional inspections as it deems necessary, and
[has the right to] may waive inspections, [excluding] other than the final
inspection [as provided in section] under Section 19-14.
The
[department] Department must maintain a permanent record of each
inspection.
[Included] That record must [be] include the date, the
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location or project identification, whether [or not] the approved plan has
been implemented and measures maintained, and, if a violation exists,
the [type of] enforcement action taken.
(g)
When approved plans developed under [the provisions of] this [chapter]
Chapter show the use of temporary basins or permanent stormwater
management structures, the [department] Department may require the
submission of supportive documents such as test results, as-built plans,
or material certifications.
If necessary, in addition to its own
912
913
inspections, the [department] Department may require [that] any
[portion] part of the construction of basins or structures to be inspected
and certified by a licensed professional engineer or land surveyor. At
the [director's] Director's option, the permittee may secure the services
of a licensed professional engineer or land surveyor to inspect the
construction of the facilities and provide the [department] Department
with a fully documented certification that all construction is done in
accordance with [the provisions of] the approved plan[,] and all
applicable rules, regulations and specifications.
If a certification is
914
915
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919
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922
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929
19-12A.
provided to the [department] Department, the Department may waive
any [inspections] inspection required under [section] Section 19­
12(e)(2) for that basin or structure [may be waived]. In these cases, the
[department] Department must be notified at the required inspection
points and may make spot inspections.
(h)
This Section does not restrict the Department from proceeding directly
with any available alternative enforcement procedure under Section 19­
69.
Complaints.
(jj)
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19-14.
19-13.
The Department must accept and investigate any complaint about erosion and
sediment control concerns from any source, and must:
(ill
conduct an initial investigation within
the complaint;
(hl
J.
working days after receiving
notifY the complainant of the initial investigation and findings within
1
days after receiving the complaint; and
W
take appropriate action when any violation is discovered during the
complaint investigation.
Maintenance of structures, measures and devices.
(a)
The permittee or the owner of any property on which work has been
done [pursuant to] under a permit granted under this [chapter] Chapter,
or any other person or agent in control of that property, must maintain in
good and effective condition and promptly repair or restore [all grade
surfaces, walls, drains, dams and structures, plantings, vegetation,
erosion and sediment control measures, and other protective devices]
any grade surface, wall, drain, dam or structure, planting, vegetation,
erosion and sediment control measure, or other protective device.
Repair or restoration, and maintenance, must be in accordance with the
approved [plans, standards and specifications] plan, Standards and
Specifications, and permit as required by this [chapter] Chapter until
permanent measures are accepted by the [department] Department.
(b)
Any person who performs work under a Washington Suburban Sanitary
Commission utility sediment control permit is responsible for the repair
or maintenance of all erosion and sediment control measures affected by
the utility construction. Repair or maintenance must be completed [in
accordance with] as provided in subsection (a) [of this section].
Completion.
~
/fs\.
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970
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Immediately [upon completion of the] after completing
f!
project, the permittee
must notifY the [department] Department and schedule a final inspection. If, upon
final inspection of the project, the [department] Department finds that all work
subject to inspection has been satisfactorily completed in accordance with [the
requirements of] this [chapter] Chapter, the permit, approved plans and
specifications, [rules and] applicable regulations, and the Department accepts any
supporting documents required under [section] Section 19-12(g) [are accepted], the
Department must issue a completion certificate covering the work [must be issued] to
the permittee [by the department, with a copy submitted to the district].
19-15.
Protection of adjacent property [during clearing, grading and
excavating activities].
[A
person must not initiate clearing, grading, or excavating activities
sufficiently close to the property line so as to endanger any adjoining property,
including a public street, sidewalk, or alley.
The adjoining property should be
supported and protected from damage that may result from clearing, grading, or
excavating activities including settling, cracking or vegetative damage. If, in the
opinion of the director, the clearing, grading, or excavation creates a hazard to life or
property unless adequately safeguarded, the applicant must construct walls, fences,
guard rails, or other structures to safeguard the adjoining private property or public
street, sidewalk, alley, or other public property and persons, as the director may
require.]
Any land-disturbing activity must not be conducted without adequate
The Director may require
978
979
980
981
982
983
protection and support for any adjoining property.
installation of
f!
wall, fence, rail, sediment control measure, or other item to protect
people and property.
19-16.
(
a)
Deposits of soil or other material prohibited.
A person must not engage in any land-disturbing activity or by any
action cause or permit any soil, earth, sand, gravel, rock, stone, or other
@-
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\V\8
ILLS\ 1301 Erosion And Sediment Control\B
ill
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993
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1001
1002
1003
1004
1005
1006
1007
1008
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(
c)
material, to be deposited [upon] on or to roll, flow, or wash [upon] on or
over the [premises] land of another [in a manner to] and cause damage
[to the premises] without the express written consent of the owner of the
affected premises [affected]. A [person] permittee must not engage in
any land-disturbing activity or by any action cause or permit any soil,
earth, sand, gravel, rock, stone, or other material to be deposited on or to
roll, flow, or wash [upon] on or over any public street, street
improvement, road, sewer, storm drain, watercourse, right-of-way, or
any public property in a manner to damage or to interfere with the use
of that property.
(b)
A person must not, when hauling soil, earth, sand, gravel, rock, stone, or
other material over any public street, road, alley, or public property,
allow those materials to blow or spill over [and upon] or on any street,
road, alley, or public property or adjacent private property.
If any soil, earth, sand, gravel, rock, stone, or other material is caused to
be deposited [upon] on or to roll, flow, or wash [upon] on any public or
private property in violation of [subsections] subsection (a) [and] or (b)
[above], the permittee or person responsible must be notified
.Qy
the
Department and must cause the material to be removed from that
property within [twenty-four (24)] 24 hours.
In [the event of] an
immediate danger to the public health or safety, the Department must
give notice [must be given] by the most expeditious means, and the
material must be removed immediately. [In the event it] If the material
is not [so] removed, the [department] Department may [cause the]
arrange for its removal; and the cost of that removal [by the department]
must be paid to the [county] County by the person who failed to remove
the material [and is a debt due the county]. The cost of removal is a lien
®
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1012
1013
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1016
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1021
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[upon] on all property and all rights to property, real or personal, of any
person liable to pay that cost. The cost of removal must be listed on the
tax bill and must be collected in the manner of ordinary taxes. [;
provided, however, that] However, this [section must] Section does not
[be interpreted as prohibiting] prohibit the [department] Department
from proceeding directly with any alternative enforcement [procedures
set forth in section 19-19 of this chapter] procedure under Section 19­
69.
19-17
(a)
Regulations.
The [director] Director may recommend [written] regulations [for
administration of the provisions of] to administer this [article] Article,
may hold public hearings [as part of this process] on any proposed
regulation, and must obtain recommendations from the Montgomery
Soil Conservation District before forwarding the recommendations to
the County Executive. These regulations must include:
(1)
(2)
(3)
(4)
(5)
(6)
(b)
minimum erosion and sediment control plan requirements;
maximum duration of exposure;
critical slope protection;
on-site grading controls;
on-site drainage controls; and
protection of specimen trees.
The [director] Director may recommend one or more [methodologies
for calculating] methods to calculate the amount of surface area affected
by tree cutting, including using tree cover measurements.
(c)
[Regulations] The County Executive must adopt any regulation under
subsection (a) [of this section are adopted by the county executive]
under method (2) [of section 2A-I5 of this Code].
c.Y
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1039
1040
1041
[(d)
The director may recommend written regulations to establish, increase,
or decrease fees under section 19-6 of this chapter. Regulations to set
fees are adopted by the county executive under method (3) of section
2A-15
of this Code.]
[(e)]
@
Regulations adopted under this Section must not conflict with [nor] or
waive any [provisions] provision of this Chapter, and must not be less
restrictive than applicable requirements of state law or regulation.
1042
1043
1044
1045
1046
1047
1048
1049
1050
1051
1052
1053
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1055
1056
1057
1058
1059
1060
1061
1062
1063
1064
ARTICLE V. WATER QUALITY REVIEW IN SPECIAL PROTECTION
AREAS.
19-60.
Findings and purpose.
*
(b)
*
*
*
The purposes of this Article are to:
*
(2)
*
establish coordinated procedures, performance goals, [criteria,]
and requirements for development in special protection areas that
will mitigate adverse impacts on water resource areas during and
after construction or other land disturbing activities;
*
19-61.
Definitions.
*
*
In this Article, the following words and phrases have the following meanings:
*
[(a)]
*
*
*
*
*
[(b)]
Best Management Practices Monitoring Plan
means a [statement
prepared by an applicant describing how] written plan that documents
the [applicant will monitor and] scientific work necessary to assess the
effectiveness of [its] best management practices in maintaining water
quality.
C/
t4~-
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1078
1079
1080
1081
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1083
1084
1085
1086
1087
1088
1089
1090
1091
DEP Director
means the Director of the Department of Environmental
Protection or the Director's designee.
[(c)]
[(d)]
[(e)]
[(t)]
[(g)]
[(h)]
[(i)]
[0)]
[(k)]
[(1)]
[(m)]
[(n)]
19-62.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Applicability.
(b)
Privately owned property.
Except as otherwise expressly provided in
this Chapter, the requirements for a water quality inventory and a
preliminary and final water quality plan under Section 19-64 apply in
any area designated as a special protection area to a person proposing a
land disturbing activity on privately owned property:
*
19-64.
*
*
*
Except where exempt
Water Quality Inventory Submittal; Water Quality Plans.
*
(b)
*
Preliminary water quality plan submission.
under this Article, a person must submit the following, in addition to
any infonnation required for a water quality inventory, as part of a
-@-
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1094
1095
1096
1097
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1099
1100
1101
1102
1103
1104
1105
1106
1107
1108
1109
1110
1111
1112
1113
1114
1115
1116
1117
complete application for development approval as provided in Section
19-65[(b)]:
*
(3)
*
*
Description of any other mitigation techniques proposed by the
applicant or required by applicable guidelines, law, or
regulations; and
(4)
Documentation of anticipated performance on water quality of
each proposed measure, individually and together[;L [and]
[(5)
Proposed best management practices monitoring plan, including:
(A)
Location, nature, form, and frequency of the monitoring to
be conducted; and
(B)
Dates of report submissions and monitoring milestones.]
(c)
Final water quality plan submission.
A final water quality plan must be
submitted as provided in Section 19-65 and must include the following:
*
(3)
*
*
Proposed compliance program, revised as required by the
Director, that describes the installation[,] and inspection[, and
monitoring schedule] of [best] all stormwater management
[practices monitoring plan, including detailed instructions
concerning how the]
maintained] ;
facilities
[operate and should be
(4)
Draft maintenance agreements and easements covering routine
maintenance, long-term repair or replacement of any stormwater
management facility or other facilities required by the water
quality plan, and an assurance of access to the facilities for
inspection and monitoring;
V
r44l
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1132
1133
1134
1135
1136
1137
1138
1139
1140
1141
1142
1143
(5)
Copy of valid water quality certification approved by state and
federal agencies or, if not available, a report on the status of the
certification review and a copy of any [revisions] revision made
to the certification application;
*
(a)
*
*
19-65. Application, review, and approval procedures.
General.
*
(2)
*
*
Division ofapproval responsibilities.
*
(B)
*
*
In acting on a preliminary or final water quality plan, the
Planning Board's approval must conform to the approval of
the DPS Director on any element for which the DPS
Director has lead agency responsibility. Those elements
include:
(i)
Performance goals [or criteria] for the approved best
management practices;
[(ii)
Best management practices monitoring plan;]
Stormwater management concept plan;
Erosion and sediment control concept plan;
[(iii)] (ii)
[(iv)] (iii)
and
[(v)] (iv) Any other element of the plan for which the
Department has primary lead agency design, review,
and approval responsibility.
(C)
The Department of Environmental Protection has the lead
agency responsibility for the [stream] monitoring program,
451
"V
F:\LAW\BILLS\1301 Erosion And Sediment Control\Bill 4 Intro,Doc
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1144
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1164
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1167
1168
1169
including the [stream] monitoring [plan] of streams and
best management practices.
*
(c)
*
*
Review.
After receiving a preliminary or final water quality plan, the
Planning Director must refer the plan to the DPS Director and other
reviewing agencies. The DPS Director must transmit to the Planning
Director within the time limits for acting on a plan established by law:
(1)
Findings on compliance with this Chapter of any:
(A)
(B)
[(C)
stormwater management concept plan;
erosion and sediment control concept plan;
best management practices monitoring plan;]
[(D)]
{Q
stream monitoring plan and best management practices
monitoring plan as prepared and implemented by the
Department of Environmental Protection;
[(E)] (D) maintenance agreements and easements; and
[(F)]
tID
other element of a plan in which the Department has
primary lead agency review and approval responsibility.
*
(d)
Condition ofapproval.
*
*
*
*
*
(3)
The final water quality plan, as amended by the Planning Board,
must be a condition of approval of the development application
and must conform to:
*
(D)
*
*
any bond provisions required under Section 19-10 and 19­
32, and [to ensure implementation of best management
t....::J
f46l
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1170
1171
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1173
1174
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1177
1178
1179
1180
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practices monitoring and] any element in the water quality
plan required by the Planning Board; and
[(E)
provisions to implement the best management practices
monitoring plan; and]
[(F)]
.ffi)
any other condition necessary to implement this Article.
*
19-66.
Enforcement, appeals, waiver.
*
*
(a)
Enforcement agreement.
Each final water quality plan must contain an
enforceable agreement, including an approved financial security
instrument, with the Planning Board and the DPS Director, requiring
maintenance of all facilities required by the plan [and best management
practices monitoring].
The financial security instrument may be
combined with any other financial security instrument required by this
Chapter.
(b)
Transference of responsibility.
Each approved final water quality plan
for a residential project must provide that neither ownership [and) nor
maintenance of any feature of the water quality plan [must not) may be
transferred to the County, a homeowners association.:!. or any resident
until the DPS Director or the Planning Board, depending on which is the
lead agency to review the feature, finds that:
(1)
each feature has been installed in accordance with the
specifications shown on the approved plan;
(2)
each feature has been verified, by inspection[, monitoring, or
otherwise,] to have been operational and functioning as designed
for a reasonable period of time after construction of all units and
facilities associated with the last phase of the development
project[. The length of time must not exceed 5 years and must
®
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1197
1198
1199
1200
1201
1202
1203
1204
1205
1206
1207
1208
1209
. 1210
1211
1212
1213
1214
1215
1216
1217
1218
1219
1220
1221
1222
1223
19-67.
relate to site-specific characteristics and the type and nature of the
particular feature]; and
*
(d)
*
*
Event ofdefault.
(1)
Events of default are:
(A)
Required stonnwater management facilities, erosion and
sediment control facilities, or other mitigation techniques
have not been installed or maintained in a correct manner.
[(B) Monitoring under a best management practices monitoring
plan has not been perfonned or reported as required.]
l(C)]
an
An
applicant has not complied with any other
requirement of a water quality plan or this Article.
[CD)]
(Q
Required fees have not been paid to support a stream
monitoring program .
*
(e)
Waiver
*
*
*
*
*
(2)
Review and action.
*
*
*
(B)
the applicant would still comply with all applicable
federal, state, or [county] County water quality standards;
and
*
Implementation.
*
*
*
*
(b)
goals [and criteria].
*
Regulations; technical manual; environmental guidelines; performance
\..J
L4sL
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1225
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1229
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1234
1235
1236
1237
1238
1239
1240
1241
1242
1243
1244
1245
1246
1247
1248
1249
*
[(6)
(7)
*
*
qualifications for persons submitting data under this Article;
procedures and standards for developing and implementing a best
management practices monitoring program;
(8)
parameters of any generic and site-specific performance goals
under a best management practices monitoring program;]
[(9)1
®
model language for an enforcement agreement or a
homeowners association maintenance agreement;
[(10) performance criteria based on monitoring results that will be used
to evaluate water quality plans to ensure compliance with all
relevant federal, state, and county laws. Until monitoring results
are available, the Department must develop interim performance
goals; and1
[(11)1
m
other appropriate program requirements consistent with this
Article.
[(d)]
!£)
Annual Report.
The Directors of Environmental Protection and
Permitting Services jointly must prepare an annual report, in
coordination with the Planning Board, to the County Council that
describes the effectiveness of best management practices and the
observed impact of development on the biological integrity of streams
in special protection areas. [The report must also discuss progress made
toward the development of best management practices performance­
based and in-stream biological enforcement mechanisms.] A copy of
the report must be sent to the Planning Board and other responsible
agenCIes.
[(e)]@
Fee.
JLi9\
L:..:/
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1250
1251
1252
1253
1254
1255
1256
1257
1258
1259
1260
1261
1262
1263
1264
1265
1266
1267
1268
1269
1270
(1)
The Directors of Environmental Protection and Pennitting
Services may set a fee in an amount not to exceed the reasonable
cost of administering.1 implementing, and enforcing their
respective duties under this Article. The fee, including the time
when it must be paid, must be set by regulation under Method
(3). The Planning Board may set a fee under Chapter 50. A
person to whom this Article applies must pay the fees.
(2)
The fees established under this subsection may be based on the
size of a tract or other relevant factor and are intended to offset
the cost of:
(A)
(B)
pennit review and enforcement of conditions; and
[stream] monitoring of streams and best management
practices to detennine the impact of a particular
development on stream water quality as well as the
effectiveness of certain best management practices in
maintaining stream water quality.
Sec. 2.
Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date when it becomes
law.
Approved:
1271
1272
Nancy Navarro, President, County Council
Date
1273
Approved:
1274
Isiah Leggett, County Executive
Date
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LEGISLATIVE REQUEST REPORT
Expedited Bill 1-13
Erosion and Sediment Control
-
Amendments
DESCRIPTION:
Amends Chapter 19, Article I of the County Code to comply with the
Maryland Regulation (26.17.01) for Erosion and Sediment Control
and amends Chapter 19 Article V to require developers to pay a
monitoring fee to the Department of Environmental Protection rather
than perform the monitoring in Special Protection Areas (SPAs).
In January 2012, the Maryland Department of the Environment
adopted revised erosion and sediment control regulations and the
2011 Maryland Standards and Specifications for Soil Erosion and
Sediment Control.
In
addition, the adopted revisions bring erosion
and sediment control requirements in line with the Stormwater
Management Act of 2007. Local jurisdictions are required to modify
local codes for compliance with an effective date of January 9, 2013.
The quality and consistency of the best management practice (BMP)
monitoring performed as part of the SPA program has been
problematic.
PROBLEM:
GOALS AND
OBJECTIVES:
The County legislation mirrors the requirements in State law and
regulations. These include more stringent stabilization requirements
and the establishment of maximum grading unit criteria. This
legislation also includes provisions for grandfathering and includes
procedural changes to improve efficiency.
The Maryland
Department of the Environment has reviewed and approved the
County legislation. Improved consistency and quality of SPA BMP
monitoring
Department of Permitting Services, Department of Environmental
Protection
The Department of Permitting Services estimates the need for 4.0
work years of additional staff to implement this bill. There would be
no fiscal impact from the changes to the SPA law.
The proposed use of grading units will place limits on the amount of
land under construction at anyone time on large development sites.
This may mean that dirt will have to be stockpiled initially and
moved later to balance the cut and fill requirements of individual
sites.
It
will also create additional needs for phased grading and
development. Stabilization will be required much more quickly that
under existing requirements. This may create additional costs.
There would be no economic impact from the changes to the SPA
law.
For compliance with State law and regulation
MDE approval of erosion and sediment control legislation is required
for all counties and municipalities in Maryland.
Rick Brush, Chief, Division of Land Development, DPS, 240-777­
6343; Steve Shofar, Chief, Division of Watershed Management,
DEP,240-777-7736
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
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APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
All
except Rockville and Gaithersburg.
Class A
F:\LAW\B ILLS\130 I Erosion And Sediment ControI\LRR.Doc
2
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiah Leggett
CountY Executive
MEMORANDUM
November 26,2012
TO:
FROM:
SUBJECT:
Proposed Legislation to Comply with the State Erosion and Sediment Control
Requirements
I am forwarding to the Council for introduction a bill to revise (1) Chapter 19,
Article I of the County Code to comply with State erosion and sediment control requirements;
and (2) Chapter 19, Article V of the County Code to revise the best management practice (BMP)
monitoring under the Special Protection Area (SPA) program. I am also forwarding a
Legislative Request Report, Fiscal Impact Statement and Economic Impact Statement for this
bill.
In January 2012, the Maryland Department of the Environment (MDE) adopted
revised erosion and sediment control regulations. These regulations adopted the 2011 Maryland
Standards and Specifications for Soil Erosion and Sediment Control, included more stringent
criteria for stabilization and grading units, and brought erosion and sediment control
requirements in line with the State Stormwater Management Act of 2007.
This bill mirrors the requirements established in State law and regulations. The
legislation includes provisions for grand fathering and procedural changes to improve efficiency.
The bill also changes the BMP monitoring requirement under the SPA program to
require the monitoring be performed by the Department of Environmental Protection (DEP)
rather than a consultant hired by the developer. This change has been recommended in the SPA
annual report for a number of years and is also a recommendation of the County Executive's
ongoing Streamlining Development Initiative.
montgomeryc:ountymd.gov/311
, 240-773-3556 TTY
if
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Roger Berliner, Council President
November 26,2012
Page 2
For more information on this bill, please contact Rick Brush, Chief, Division of
Land Development, DPS at 240-777-6343 or Steve Shofar, Chief, Division of Watershed
Management, DEP at 240-777-7736. Please note that amendments to the bill are subject to the
review and approval by MDE.
Attachments (3)
cc:
Kathleen Boucher, Assistant Chief Administrative Officer
Diane Schwartz Jones, Director, Department of Permitting Services
Robert Hoyt, Director, Department of Environmental Protection
Jennifer Hughes, Director, Office of Management and Budget
Joe Beach, Director, Department of Finance
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OFFICE OF MANAGEMENT AND BUDGET
Isiah Leggett
County Executive
Jennifer
A.
Hughes
Director
MEMORANDUM
November 9,2012
TO:
FROM:
Roger Berliner, President, County Council
Jennifer A. Hughes, Dir
Joseph F. Beach,
Directl};~rtment
of Finance
\4
~ffice
of Management and Budget
SUBJECT:
Bill XX-12 Erosion and Sediment Control- Special Protection Areas - Revisions
Attached please find the fiscal and economic impact statements for the above
referenced legislation.
JAH:aw
c: Kathleen Boucher, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy Nurmi, Special Assistant to the County Executive
Joseph F. Beach, Director, Department of Finance
Diane Schwartz-Jones, Director, Department ofPennitting Services
Bob Hoyt, Director, Department of Environmental Protection
Patrick Lacefield, Director, Office of Public Information
Rick Brush, Department ofPennitting Services;
Steve Shofar, Department of Environmental Protection
Ernest Lunsford, Department ofGeneral Services;
Bill Selby, Department of Transportation;
Nooshin Amirpour, MCPS;
Carl Morgan, M-NCPPC
Christopher Cullinan, WSSC
Alex Espinosa, Office of Management and Budget
Ayo Apollon, Office of Management and Budget
Amy Wilson, Office of Management and Budget
Office of the Director
101 Monroe Street, 14th Floor·
Rockville, Maryland
20850 • 240-777-2800
www.montgomerycountymd.gov
montgomerycountymd.gov/311
240-773-3556 TTY
@
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Fiscal Impact Statement
Bill
xx-12
Erosion and Sediment Control- Special Protection Areas - Revisions
1.
Legislative Summary
The proposed bill amends Chapter 19. Article I of the County Code to comply with the
Maryland Regulation (26.17.01) for Erosion and Sediment Control.
In
January 2012. the
Maryland Department of the Environment adopted revised erosion and sediment control
regulations and the.2011 Maryland Standards and Specifications for Soil Erosion and
Sediment ControL
In
addition, the adopted revisions bring erosion and sediment control
requirements in line with the Stormwater Management Act of2007. Local jurisdictions are
required to modify local codes for compliance with an effective date of January 9, 2013.
The proposed bill also amends Article V of the County
Code~
changing the Best Management
Practices (BMP) monitoring requirements under the Special Protection Area (SPA) program
to require the monitoring be performed by the Department of Environmental Protection
(DEP) instead of by permittees. Permittees would pay fees to cover the costs of monitoring.
2. An estimate of changes in County revenues and expenditures regardless of wbetber tbe
revenues or expenditures are assumed in the recommended or approved budget.
Include source of information, assumptions, and metbodologies used.
MCG:
• Department of Permitting Services (DPS) estimates additional staffing will be
necessary to meet the required reviews and inspections:
1 Senior Permitting Services Specialist (Grade 26);
2 Senior Permitting Services Inspectors (Grade 23); and
1 Senior Permit Technician (Grade 19).
First year expenditures are projected at $419,490 consisting of$328,580 in personnel
costs and $90,910 in operating costs of which $72,540 are one-time costs for vehicles
and equipment. DPS recommends increasing Sediment Control. Stonnwater
Management Concept, and Special Protection Area permit and plan review fees by
approximately 10.5% to cover the additional costs. Based on the average fees
collected over the past five years a 10.5% increase would generate additional revenue
of approximately $347,240 annually.
• Department of General Services (DGS) estimates the cost of an average county
project will increase between $10,000 and $25,000. The impact to a larger area
project, such as the Webb Tract, would be more.
• Department of Transportation (DOT) does not anticipate additional costs associated
with the proposed changes.
• Department of Environmental Protection (DEP) estimates expenditures to increase
approximately $210,000 annually for contractual services to perform BMP
monitoring. To cover the increased cost, DEP recommends collecting from the
developer, a $1,500 BMP monitoring fee which would generate revenue of$187,500
to $210,000 per year. Revenue projections are calculated on a per acre fee for BMP
monitoring. Projections are based on a proposed BMP monitoring fee of$1,500; the
mean and median per acre values for the posted monitoring bonds for SPA
1
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developments in post-construction monitoring; and estimated annual monitoring of
125 140 acres.
MCPS projects there will be slight impact to engineering costs for additional phasing details
and information such as identifying areas with highly erodible soils and slopes greater
than 15% and estimates that hard and soft costs related to site work costs for projects
20 acres or larger would increase by 20 30%. The site will have to be stabilized
and re-stabilized in smaller segments than current practice in addition to increased
stockpiling. There will be more interruptions of work as the required and increased
inspections take place in addition to the added cost related to additional inspections
and reporting.
M-NCPPC projects no major financial impact to its projects. Projects larger than 20 acres
will be dealt with during design. M-NCPPC already budgets for stabilization in its
projects so impact should
be
minimal.
WSSC projects no fiscal impact.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
Based on a proposed $1,500 BMP monitoring fee, DEP projects an increase in revenue of
$187,500 to $210,000 per year for a six year total of$1.125M to $1.260M. However, annual
revenues may decrease as the larger sites in the process are permitted and the amount of
developable land in SPAs decreases. DEP projects contract costs to be $210,000 annually or
$1.26M over six years. DEP projects that the proposed changes would be cost neutraL
Revenues generated from fee collection would cover contractual costs for monitoring
services.
DPS proj ects expenditures of $428,170 during year one and $346,226 annually thereafter for
a six-year total of$2,159,300. DPS recommends increasing Sediment Control, Stormwater
Management Concept, and Special Protection Area permit and plan review fees to cover the
additional costs. Fees would increase approximately 10.5%. Based on the average fees
collected over the past five years, a 10.5% increase would generate additional revenue of
$347,240 annually for a six-year total of $2,083,440.
Expenditure estimates for county and agency construction projects will vary based on the
number and scope of projects undertaken.
4. An actuanal analysis through the entire amortization period for each bilI that would
affect retiree pension or group insurance costs.
Not applicable.
5. Later actions that may affect future revenue and expenditures if the bill authorizes
future spending.
Future state actions may cause expenditures to change based on imposed mandatory
requirements. Expenditures may increase
if
the County adopts requirements that are more
stringent than statewide requirements.
6. An estimate of the staff time needed to implement the bill.
DPS estimates additional staffing win be necessary to meet the required reviews and
inspections:
2