Expedited Bill No.
_.....;1:.....-1.:...;:3'--_ _ __
Concerning: Erosion
and
Sediment
Control - Special Protection Areas -­
Amendments
Revised:
3-12-13
Draft No. 5
Introduced:
January 15.
2013
Enacted:
March
19. 2013
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _N:...:.o=n=e'--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request ofthe County Executive
AN EXPEDITED ACT
to:
(1) 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;
(2) 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
(3) generally amend County law regarding erosion, sediment control, and special
protection areas.
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.
Deleted from existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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Sec. 1. Chapter 19, Article I and Article V, are amended as follows:
ARTICLE I. EROSION AND SEDIMENT CONTROL.
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19-1.
[Definitions] Purpose and scope.
The purpose of this Chapter is to protect, maintain, and enhance the public
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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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19-1A.
Definitions.
In
this Article, these words and phrases have the following meanings:
[(1)
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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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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,
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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.
A2riculturalland management practice
means
f!:
method or procedure used
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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management practice
does not include logging and timber removal operation
[[ill:
wholesale or retail nursery operation]]:.
Applicant
means any person, firm, or government agency that executes the
necessary forms to
f!:PPly
for
f!:
permit or approval to construct
f!:
project.
[(2)]
As-built plao[:
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
2
plans submitted under the comprehensive
III
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 area
means the area contributing runoff to
!!
single point measured
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in
!!
horizontal plane that is enclosed
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!!
ridge line.
Environmental site design
means the use of small-scale stormwater
management practices, non structural 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 ofthe wind, water, ice, gravity, or artificial means.
Erosion and sediment control
means
!!
system of structural and vegetative
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measures that minimize soil erosion and off-site sedimentation.
Erosion and sediment control plan
means an erosion and sediment control
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strategy or plan designed to minimize erosion and off-site sedimentation.
[(9)]
Excavating[:
Any] means anyact 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.
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Final erosion and sediment control plan
means, along with the final
stormwater management plan, the last of
2.
plans submitted under the
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comprehensive review and approval process required
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state law. A final
erosion and sediment control plan must be prepared and approved as required
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the Department and this Chapter and designed under state Standards and
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,
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grading unit
is 20 acres or less.
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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%.
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Inspection agency
means the Administration
authority, the Department.
QL.
if delegated enforcement
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[(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 ofland 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
Qy
this Chapter.
Owner/Developer
does not
include
£!
general contractor or subcontractor who does not have
£!
proprietary
interest in
£!
project.
[(18)] Permit[:
The] means the [Montgomery County] sediment control
permit issued by the Department authorizing land-disturbing [activities]
activity [in accordance with the requirements of] 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
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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 personneJ[:
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
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or contiguous and in diverse ownership,
where development is to be perfonned as part of
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unit, subdivision, or project.
Site development plan
means the second of
J
plans submitted under the
comprehensive review and approval process required
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state law. A
site
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development plan
must include the infonnation necessary to allow
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detailed
evaluation of
~
proposed project.
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Stabilization
means the protection of exposed soils from erosion
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the
application 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
~
precipitation event.
Stormwater management system
means
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natural area, environmental site
design practice, stonnwater management measure, or any other structure
through which stormwater flows, infiltrates, or discharges from
~
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)]
1
well­
defined stem or trunk measuring at least [three (3)]
1
inches diameter at breast
height [(DBH)].
Tree canopy
means the area of one or many crowns of the trees on
including trees in forested areas.
~
site,
Variance
means
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modification of minimum erosion and sediment control
requirements for exceptional circumstances when strict adherence to the
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19-2.
requirements would result
purposes of this Chapter.
III
unnecessary hardship and not achieve the
[(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 definite direction or
course, either continuously or intermittently[; and including any area adjacent
to it];.
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
~
single point.
Permits required.
(a)
[A] Except as provided in this Chapter,
~
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)]
!hl
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)]
ill)
[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
~
change of use from residential to
any other use; and
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lID
(2)
[Is] is promptly stabilized to prevent erOSIon and
sedimentation;
[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)]
®
[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 [of] 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
f!
permit must be filed on forms approved
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the Department and include:
ill
all information required
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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
ill
ill
[(b)
all required fees;
all related soil erosion and sediment control plans; and
any required financial security.
A sediment control permit must be issued in the name of the current
property owner.
(c)]
®
A separate permit is required for each [separate noncontiguous] site.
[(d)]
W
[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].
W
A permit must not be issued to
f!
person who must comply with Chapter
22A until
f!
fmal forest conservation plan is approved and any required
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financial security is provided. However,
f!
permit may be issued before
f!
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 terms and conditions of the permit.
ill
The Department must issue
f!
permit to an applicant if the application
and plans comply with this Chapter, applicable regulations, and the
Standards and Specifications.
[(f)]
(g) A sediment control permit 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 100-year floodplain if the activity requires and has not
received a floodplain district permit under (article] Article
III.
[19-3A.
[(a)
Permit limitations.]
(l)
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 land­
disturbing activity or associated development can occur.
(2)
Except as provided in subsection (b), the director must not issue a
sediment control permit 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.
c.
The permit fee; and
A performance bond.
(2)
Plans must be prepared and certified by:
a.
b.
A professional engineer, land surveyor, or architect; or
Other person qualified and approved by the department.
III
(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.
(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
~
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
~
written request for
~
variance to the Department. The request must specify the
The Department must not grant
~
variance sought and the reasons to allow it.
variance unless the unique circumstances ofthe site justify the variance.
19-4A.
Review and Approval of Erosion and Sediment Control Plans.
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!lU
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.
(hl
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
~
W
An
applicant must submit
~
final erosion and sediment control plan to
the Department for review and approval. The plan must include all
information required
Qy
the concept plan and site development plan and
any relevant information not already submitted.
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397
ill
19-5.
A final erosion and sediment control plan is not approved until the
Department
~
and dates the plan.
Modifications of plans.
(a)
[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
~
minor field modification[;
provided, that those revisions are] if the modification is consistent with
[the requirements of] this [chapter] Chapter, regulations, and [the
standards and specifications] state law.
district]
The [department and the
field
Department must establish a list of allowable
[for this purpose]
subject to
modifications.1
Administration.
approval by the
- 17 ­
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398
399
(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
401
402
403
404
405
406
407
408
409
410
411
412
413
19-5A.
(ill
Contents of an Erosion and Sediment Control Plan.
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.
.Gil
An
applicant must at least submit:
ill
ill
£!
letter oftransmittal and/or application;
the name, address, and telephone number of:
CA)
the owner of the property where the grading is proposed;
the developer; and
the applicant;
414
415
416
417
418
419
420
421
422
423
.au
(Q}
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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424
425
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427
428
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430
431
432
433
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435
436
437
438
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441
442
443
444
445
446
447
448
449
450
ill
the location of any natural resource, wetland, floodplain, highly
erodible soil, slopes 15% and steeper, and any other sensitive
area;
(Q1
~
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
lID
any proposed stormwater management practice;
an erosion and sediment control plan, including:
CA)
the existing topography and improvements, and any
proposed topography and improvements, at
between
~
scale
.L _
10' and
.L
=
50' with
2
foot contours or
another approved contour interval. For any project with
more than minor grading, interim contours may also be
required;
.em
(£)
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;
CD)
the proposed grading and earth disturbance, including:
ill
OJ)
(iii)
total disturbed area;
volume of cut and fill quantities; and
volume of borrow and spoil quantities;
ill)
any storm drainage feature, including:
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451
452
453
454
455
456
457
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459
460
461
462
463
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465
466
467
468
469
470
471
472
473
474
475
476
477
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;
®
any erosion and sediment control practice to minimize on­
site erosion and prevent off-site sedimentation, including:
ill
salvage and reuse oftopsoil;
(in
phased construction and implementation of
S!
grading unit to minimize disturbance, both in extent
and duration;
(iii)
the location and
~
of any proposed sediment
control practice;
(iv) design details and data for any erosion and sediment
control practice; and
ill
any
1.
specification for any temporary and permanent
stabilization measure, including:
The "Standard Stabilization Note" on the plan
stating:
"Following initial soil disturbance or re­
disturbance,
permanent
or
temporary
stabilization must
be
completed within:
a.
J
calendar days as to the surface of any
perimeter dike, swale, ditch, perimeter
slope, and any slope steeper than
horizontal to
1
vertical
Q..J1
and
J.
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478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
b.
1
calendar days as to any other
disturbed or graded area on the proj ect
site not under active grading.";
2.
any detail for an area requiring accelerated
stabilization; and
3.
any maintenance requirement under state law;
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 ofperimeter controls;
remaining clearing and grubbing within installed
perimeter controls;
ill
(vi)
road grading;
grading for the rest of the site;
(vii) utility installation and connections to each existing
structure;
(viii) construction of any building, road, and other
construction;
Ox)
final grading, landscaping, and stabilization;
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505
506
507
508
509
510
W
(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
Qy
the removal of
control;
(ill
~
sediment
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
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:
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;
(iii)
before beginning another phase of construction or
opening of another grading unit; and
(iv)
before removing any sediment control practice;
ill
certification
Qy
the pennittee that any clearing, grading,
construction, or development will be done as required
Qy
the approved erosion and sediment control plan.
The
certification must also require that the responsible
personnel involved in the construction project have earned
~
Certificate of Training at an training program approved
Qy
the state Department of the Environment for the control
oferosion and sediment before beginning the project; and
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531
532
533
534
535
536
537
538
539
540
541
542
543
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545
546
547
548
549
550
551
552
553
554
555
556
557
ill
certification
by
f!:
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)
19-5B.
.ill}
any additional information or data that the Department specifies.
Standard Erosion and Sediment Control Plan.
The Department may adopt
~
standard erosion and sediment control
plan for any activity with minor earth disturbance, such as
f!:
single­
family residence, small commercial or other similar building site, minor
maintenance grading, and minor utility construction.
(hl
A standard erosion and sediment control plan must meet the
requirements of this Chapter and state law.
if}
The state Department of the Environment must approve
f!:
standard plan
before the Department adopts
it.
19-6.
Fees.
The [county executive, by written regulations, adopted under method (3) of
section 2A-IS of this Code,] County Executive,
Qy
Method
2.
regulation, may
establish, increase,1 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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558
559
560
561
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579
580
581
582
583
584
any sewer, storm 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 performing the work.
These items must be identified on the sediment control plan submitted for approval.
A permit 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 performed 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 permit. In addition, the permit 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 permit condition.]
ill
The Director must attach any condition to each permit that is necessary
to:
ill
ill
ill
ill
(hl
prevent sedimentation to public or private property or
storm drain, or water course;
~
sewer,
prevent
~
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
~
wall, drain, dam, structure,
planting, erosion and sediment control device, or necessary drainage
easement.
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585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
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
Qy
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.
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.
19-8.
Permit expiration and renewal.
[permits issued under this chapter expire at the end of the period of time set
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
- 25 ­
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612
613
614
615
616
617
618
619
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
~
permittee so
requests. The Director may impose an additional standard or requirement as part of
any extension.
extension.
19-8A.
ill}
The Director may require
~
plan modification as part of any
Grandfathering of Approved Plans.
Any plan that is finally approved after January
with this Chapter and state law.
~
2013, must comply
620
621
622
623
624
625
626
627
628
629
@
A plan that is finally approved on or before January
~
2013, may be
reapproved with existing conditions if any grading activity begins on the
site
Qy
January
~
2015, except any stabilization requirement.
(£)
Any stabilization practice must comply with this Chapter and state law
Qy
January
~
2013, regardless of when an approved erosion and
sediment control plan was approved.
19-9.
Permit revocation or suspension; stop work order.
(a)
[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:
630
631
632
633
634
635
636
637
638
(l)
[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:! or endangering
human life or the property of others; or
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639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
(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
£!
stop work order [may be issued] without
£!
warning notice where:
(1)
land disturbance is taking place that requires a permit under this
Chapter and [for which one]
£!
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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666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
b.
(d)
Endangers] endangers human life [or
others~
the]~
property of
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 of the 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.
682
683
(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].
684
685
686
687
688
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
- 28 ­
689
690
691
692
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693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
conditioned [upon] on the faithful perfonnance of the conditions
in the pennit, and any soil erosion and sediment control
[measures] measure specified in the pennit, 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
including~
j
®
the demonstrated expertise of the issuing organization or
its members in erosion and sediment control;
®
(Q)
the estimated square footage of the land included in the
land-disturbing activity to be perfonned by the pennittee;
the estimated square footage of the area of all land­
disturbing activities guaranteed by the issuing organization
or entity; and
(D)
the incidence of violation of, or otherwise failing to
comply with, [the provisions of] this [chapter] Chapter by
all members of the 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 pennittee 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
723
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)]
2.
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)1 $10,000.
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
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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745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
the cash has been deposited in compliance with and subject to
[the provisions of] this Section.
ill
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.!! 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
ImY
all necessary
costs and expenses or liabilities which may be incurred or
expended by the [department] Department to meet the minimum
requirements of this [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.!! and without further notice or
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772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
proceedings~
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 performance of any term or
condition of the permit, 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, permit, 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 permittee must continue to be [firmly 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.
- 32­
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798
799
(
e)
A person must not interfere with or obstruct the [ingress or egress]
access to or from a site or premises by an authorized representative or
agent of any surety, issuing organization or entity, or the [department]
Department, engaged in completing the work required to be performed
under the permit or in complying with the [terms or conditions of the]
permit.
800
801
802
803
804
805
806
807
(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 section] 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.
808
809
810
811
812
813
(g)
The [director] Director immediately must [revoke] suspend the permit
or issue
f!
stop work order [upon failure of] when any permittee [to]
does not maintain the bond or certificate of guarantee. If the [director]
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.
IS
814
815
816
817
818
819
820
821
822
823
19-11.
Liability insurance.
tru
If[, 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
- 33 ­
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825
826
827
828
829
830
831
832
833
834
835
836
837
838
839
840
841
842
843
844
845
846
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.
(hl
[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]
~
subcontractor [of the applicant], or any person directly or
indirectly employed by the applicant.
W
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
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.
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
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851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
874
875
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 ofthe [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:
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877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
(1)
[Following the installation of] 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 of] before removing or
modifying any sediment control measure or practice; and
(5)
[Upon completion of] 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.
(0
If [there is a failure to]
f!
person does not comply with [the requirements
of] 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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904
905
906
907
908
909
910
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
911
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
916
917
918
919
920
921
922
923
924
925
926
927
928
929
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.
19-12A.
Complaints.
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930
931
932
933
934
935
936
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;
J.
working days after receiving
®
f£l
notify the complainant of the initial investigation and findings within
1
days after receiving the complaint; and
take appropriate action when any violation is discovered during the
complaint investigation.
937
938
19-13.
Maintenance of structures, measures and devices.
939
940
941
942
943
944
945
946
947
948
(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.
949
950
951
(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].
952
953
954
955
956
19-14.
Completion.
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957
958
959
960
961
962
963
964
965
966
967
968
969
970
971
972
973
974
975
976
977
978
979
980
981
982
983
Immediately [upon completion of the] after completing
~
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
protection and support for any adjoining property.
installation of
!!
wall, fence, rail, sediment control measure, or other item to protect
people and property.
19-16.
Deposits
of soil
or other material prohibited.
(a)
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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984
985
986
987
988
989
990
991
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
(
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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1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
1034
1035
1036
1037
[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:
(l)
(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) [ofsection2A-15 ofthis Code].
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1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049
1050
1051
1052
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063
1064
[(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 ofthis 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.
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.
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1065
1066
1067
1068
1069
1070
1071
1072
1073
1074
1075
1076
1077
1078
1079
1080
1081
1082
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)]
[(f)]
[(g)]
[(h)]
[(i)]
[G)]
[(k)]
[(1)]
[em)]
[en)]
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 information required for a water quality inventory, as part of a
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1092
1093
1094
1095
1096
1097
1098
1099
1100
1101
1102
1103
1104
1105
1106
1107
1108
1109
1110
1111
1112
1113
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[;]~
[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;
1114
1115
1116
1117
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1118
1119
1120
1121
1122
1123
1124
1125
1126
1127
1128
1129
1130
(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)
General.
*
*
19-65. Application, review, and approval procedures.
*
(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;
1131
1132
1133
1134
1135
1136
1137
1138
1139
[(iii)] (ii)
lOv)] (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,
1140
1141
1142
1143
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1144
1145
1146
1147
1148
1149
1150
1151
1152
1153
1154
1155
1156
1157
1158
1159
1160
1161
1162
1163
1164
1165
1166
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)
stonnwater management concept plan;
erosion and sediment control concept plan;
best management practices monitoring plan;]
[(C)
[(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)]
ill)
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 confonn to:
*
(D)
*
*
any bond provisions required under Section 19-10 and 19­
32, and [to ensure implementation of best management
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1170
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)]
®
any other condition necessary to implement this Article.
1171
1172
1173
1174
1175
1176
1177
1178
1179
*
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
1180
1181
1182
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 )
1183
1184
1185
1186
1187
1188
1189
1190
each feature has been installed in accordance with the
specifications shown on the approved plan;
1191
1192
(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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1194
1195
1196
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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.]
[(C)]
an
An applicant has not complied with any other
requirement of a water quality plan or this Article.
[(D)]
[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].
- 48­
Regulations; technical manual; environmental guidelines; performance
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*
[(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)]
®
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; and]
[(11)]
ill
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.
- 49­
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(1)
The Directors of Environmental Protection and Permitting
Services may set a fee in an amount not to exceed the reasonable
cost of administerin& 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)
permit review and enforcement of conditions; and
[stream] monitoring of streams and best management
practices to determine 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.
- 50­
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Approved:
Nancy Navarro, President, County Council
Approved:
t~~
3PI/J3
Date
Date
Isiah Leggett, County Executive
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1277
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
- 51 ­