[HISTORY: Adopted by the Board of County Commissioners of
Worcester County 12-17-1985 as
Subtitle II of Title 1 of Bill No. 85-7; amended in its entirety 6-17-2014 by Bill No. 13-1. Subsequent amendments noted
where applicable.]
(a)
Legislative intent. The purpose of this
Subtitle 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 accelerated soil erosion
and resultant sedimentation. Minimizing soil erosion and off-site
sedimentation will minimize damage to public and private property
and assist in the attainment and maintenance of water quality standards.
(b)
Statutory authority. The provisions of
this Subtitle are enacted pursuant to Title 4, Environment Article,
Subtitle 1, of the Annotated Code of Maryland and shall apply to all
grading occurring within Worcester County except in the incorporated
areas thereof. The application of this Subtitle and the provisions
expressed herein shall be the minimum erosion and sediment control
requirements and shall not be deemed a limitation or repeal of any
other powers granted by State statute.
(a)
General interpretations. For the purpose
of this Subtitle, certain terms or words used herein shall be interpreted
as follows:
(1)
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation as well as an individual.
(2)
The masculine shall include the feminine and the feminine shall
include the masculine.
(3)
The present tense includes the future tense.
(4)
The singular number includes the plural; the plural number includes
the singular.
(5)
The words "shall," "will" or "must" are mandatory; the words
"should" or "may" are permissive.
(6)
The word "used" or "occupied" includes the words "intended,
designed or arranged to be used or occupied."
(b)
ADMINISTRATION
ADVERSE IMPACT
AGRICULTURAL BEST MANAGEMENT PRACTICE
AGRICULTURAL LAND MANAGEMENT PRACTICES
AGRICULTURAL STRUCTURE
APPLICANT
BEST MANAGEMENT PRACTICES (BMP)
CLEAR
CONCEPT PLAN
DEPARTMENT
DEVELOPER
DISTRICT
DRAINAGE AREA
ENVIRONMENTAL SITE DESIGN (ESD)
EROSION
EROSION AND SEDIMENT CONTROL
EROSION AND SEDIMENT CONTROL PLAN
EXEMPTION
FINAL EROSION AND SEDIMENT CONTROL PLAN
GRADE
GRADING UNIT
HIGHLY ERODIBLE SOILS
INSPECTION AGENCY
MAXIMUM EXTENT PRACTICABLE (MEP)
OWNER/DEVELOPER
PERMITTEE
PERSON
RESPONSIBLE PERSONNEL
SEDIMENT
SITE
SITE DEVELOPMENT PLAN
STABILIZATION
STANDARD PLAN
STANDARDS AND SPECIFICATIONS
STORMWATER
STORMWATER MANAGEMENT SYSTEM
VARIANCE
WATERSHED
WETLANDS
Definitions of words and phrases. For
the purposes of this Subtitle, the following definitions shall apply:
The Maryland Department of the Environment (MDE) Water Management
Administration (WMA).
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses. Such deleterious effect is or
may potentially be harmful or injurious to human health, welfare,
safety or property or to biological productivity, diversity or stability
or may unreasonably interfere with the enjoyment of life or property,
including outdoor recreation.
An agricultural practice employed for the conservation of
resources on a farm as described by the Natural Resources Conservation
Service (NRCS), United States Department of Agriculture (USDA) in
the Field Office Technical Guide (FOTG) for Worcester County, Maryland,
as may be amended from time to time.
Those methods and procedures used on a farm to further crop
and livestock production and conservation of related soil and water
resources. The application of agricultural practices shall be governed
by the conservation practices developed by the NRCS and listed in
the Maryland Technical Guide. Logging and timber removal operations
shall not be considered a part of this definition.
A structure built on a farm used to further crop and livestock
production and the conservation of related soil and water resources.
The structure may be used for basic processing of products produced
on the farm on which it is located. Basic processing does not change
the form of the product but does include treatment such as cutting,
drying and packing necessary for storing and marketing. Agricultural
structures cannot be used for human occupancy nor are they intended
for access by the general public.
Any person, firm, or government agency that executes the
necessary forms to apply for a permit or approval to carry out construction
of a project.
A structural device or nonstructural practice designed to
temporarily store or treat stormwater runoff in order to mitigate
flooding, reduce pollution, and provide other amenities.
To remove vegetative ground cover while leaving the root
mat intact.
The first of three plans submitted under the comprehensive
review and approval process required by the Act and described in COMAR
26.17.02, as from time to time amended, and which shall include the
information necessary to allow an initial evaluation of a proposed
project.
The Maryland Department of the Environment.
A person undertaking or for whose benefit any or all of the
activities covered by this Subtitle are commenced and carried on.
General contractors or subcontractors, or both, without a proprietary
interest in a project are not included within this definition.
The Worcester Soil Conservation District.
That area contributing runoff to a single point measured
in a horizontal plane, which is enclosed by a ridge line.
The use of small-scale stormwater management practices, nonstructural
techniques, and better site planning to mimic natural hydrologic runoff
characteristics and minimize the impact of land development on water
resources.
The process by which the land surface is worn away by the
action of wind, water, ice or gravity.
A system of structural and vegetative measures that minimize
soil erosion and off-site sedimentation.
An erosion and sediment control strategy or plan to minimize
erosion and prevent off-site sedimentation by containing sediment
on site or by passing sediment-laden runoff through a sediment control
measure, prepared and approved in accordance with the requirements
of this Subtitle and the Standards and Specifications.
Those land development activities that are not subject to
the erosion and sediment control requirements contained in this Subtitle.
Associated with the final stormwater management plan, the
last of three plans submitted under the comprehensive review and approval
process required by the Act and described in COMAR 26.17.02, as from
time to time amended. Final erosion and sediment control plans shall
be prepared and approved in accordance with the specific requirements
of the Worcester Soil Conservation District and this Subtitle and
designed in accordance with the Standards and Specifications.
To cause disturbance of the earth. This shall include but
not be limited to any excavating, filling, stockpiling of earth materials,
grubbing, root mat or topsoil disturbance or any combination thereof.
The maximum contiguous area allowed to be graded at a given
time.
[Amended 7-18-2017 by
Bill No. 17-7]
Those soils with a slope greater than fifteen percent or
those soils with a soil erodability factor, K, greater than 0.35 and
with slopes greater than five percent.
The Worcester County Department of Environmental Programs.
[Amended 7-18-2017 by
Bill No. 17-7]
Designing stormwater management systems so that all reasonable
opportunities for using ESD planning techniques and treatment practices
are exhausted and only where absolutely necessary is a structural
BMP implemented.
A person undertaking activities covered by this Subtitle
or for whose benefit such activities are carried on. General contractors
or subcontractors, or both, without a proprietary interest in a project
are not included with this definition.
Any person to whom a building or grading permit has been
issued.
Includes the federal government, the state, any county, municipal
corporation or other political subdivision of the state or any of
their units or an individual, receiver, trustee, guardian, executor,
administrator, fiduciary or representative of any kind or any partnership,
firm, association, public or private corporation or any of their affiliates
or any other entity.
Any foreman, superintendent or project engineer who is in
charge of on-site clearing and grading operations or implementation
and maintenance of an erosion and sediment control plan.
Soils or other surficial materials transported or deposited
by the action of wind, water, ice, gravity or artificial means.
Any tract, lot or parcel of land or combination of tracts,
lots or parcels of land which are in one ownership or are contiguous
and in diverse ownership where development is to be performed as part
of a unit, subdivision or project.
The second of three plans submitted under the comprehensive
review and approval process required by the Act and described in COMAR
26.17.02, as from time to time amended. A site development plan shall
include the information necessary to allow a detailed evaluation of
a proposed project.
The prevention of soil movement by any of various vegetative
and/or structural means.
A plan or plans for certain minor earth disturbances or forestry
operations which are developed by the District and approved by the
Maryland Department of the Environment in accordance with the provisions
of § NR 1-206(d) hereof, which meet the intent of the 2011
Maryland Standards and Specifications for Soil Erosion and Sediment
Control, as may be amended from time to time, and which when chosen
by the applicant to be used for a project and approved by the District
for use in the particular case may be used in lieu of the three-step
plan approval process and detailed submittal requirements as found
in § NR 1-206 herein.
The 2011 Maryland Standards and Specifications for Soil Erosion
and Sediment Control and any subsequent revisions.
Water that originates from a precipitation event.
Natural areas, ESD practices, stormwater management measures,
and any other structure through which stormwater flows, infiltrates,
or discharges from a site.
Modification of the minimum erosion and sediment control
requirements for exceptional circumstances such that strict adherence
to the requirements would result in unnecessary hardship and not fulfill
the intent of this Subtitle.
The total drainage area contributing runoff to a single point.
Any area that has saturated soils or periodic high groundwater
levels and vegetation adapted to wet conditions and periodic flooding.
No person shall clear or grade land without implementing soil
erosion and sediment controls in accordance with the requirements
of this Subtitle except as provided within this Subtitle.
(a)
Exemptions. The following activities
are exempt from the provisions of this Subtitle:
(1)
Agricultural land management practices, agricultural BMPs and
construction of agricultural structures.
(2)
Clearing and grading activities that disturb less than five
thousand square feet of land area and disturb less than one hundred
cubic yards of earth.
(3)
Clearing and grading activities that are subject exclusively
to state approval and enforcement under state law and regulations.
The District may grant a written variance from the requirements
of the Standards and Specifications if strict adherence to the specifications
will result in unnecessary hardship and not fulfill the intent of
this Subtitle. The developer shall submit a written request for a
variance to the District. The request shall state the specific variances
sought and reasons for requesting the variance. The District shall
not grant a variance unless and until sufficient specific reasons
justifying the variance are provided by the developer.
(a)
Review and approval of erosion and sediment control
plans.
(1)
Unless exempt from the provisions of this Subtitle pursuant
to the provisions of § NR 1-204 hereof, a person may not
clear or grade land without first obtaining an erosion and sediment
control plan approved by the District.
(2)
The District shall review the erosion and sediment control plans
to determine compliance with this Subtitle and the Standards and Specifications
prior to approval. In approving a plan, the District may impose such
conditions thereto as may be deemed necessary to ensure compliance
with the provisions of this Subtitle, COMAR 26.17.01, as from time
to time amended, the Standards and Specifications and the preservation
of public health and safety.
(4)
At a minimum, a concept plan must include the mapping of natural
resources and sensitive areas, including highly erodible soils and
slopes greater than fifteen percent, as well as information required
under the Worcester County Stormwater Ordinance. These areas are to
remain undisturbed or an explanation must be included with either
the concept or site development plan describing enhanced protection
strategies for these areas during construction.
(5)
A site development plan submittal must include all concept plan
information and indicate how proposed erosion and sediment control
practices will be integrated with proposed stormwater management practices.
The latter is to be done through a narrative and an overlay plan showing
both ESD and erosion and sediment control practices. An initial sequence
of construction and proposed project phasing to achieve the grading
unit restriction should be submitted at this time.
(6)
An applicant shall submit a final erosion and sediment control
plan to the District for review and approval. The plan must include
all of the information required by the concept and site development
plans as well as any other information required by Subsection (b)(2)
herein which has not already been submitted.
(7)
The final erosion and sediment control plan shall not be considered
approved without the inclusion of the signature and date of signature
of the District on the plan.
(8)
Approved plans may remain valid for three years from the date
of approval unless renewed by the District.
[Amended 7-18-2017 by
Bill No. 17-7]
(9)
Grandfathering of approved plans:
A.
Any plan that receives final approval after January 9, 2013,
must be in compliance with the requirements of this Subtitle and the
Standards and Specifications.
B.
A plan that receives final approval by January 9, 2013, may
be reapproved under its existing conditions if grading activities
have begun on the site by January 9, 2015, with the exception of stabilization
requirements.
C.
Stabilization practices on all sites must be in compliance with
the requirements of this Subtitle and the Standards and Specifications
by January 9, 2013, regardless of when an approved erosion and sediment
control plan was approved.
(b)
Contents of the erosion and sediment control plan.
(1)
The applicant is responsible for submitting an erosion and sediment
control plan which meets the requirements of the District, this Subtitle,
the Worcester County Stormwater Ordinance, COMAR 26.17.01, as from
time to time amended, and the Standards and Specifications, and the
Act. The plan shall include sufficient information to evaluate the
environmental characteristics of the affected areas, the potential
impacts of the proposed grading on water resources and the effectiveness
and acceptability of measures proposed to minimize soil erosion and
off-site sedimentation. The applicant shall certify on the drawings
that all clearing, grading, drainage, construction and development
shall be conducted in strict accordance with the plan.
(2)
Applicants shall submit the following information for all plans
other than standard plans. The information required for standard plans
shall be as determined by the District and approved by the Maryland
Department of the Environment (MDE) in accordance with Subsection
(d) hereof:
A.
A letter of transmittal.
B.
A vicinity map indicating the North arrow, scale and other information
necessary to easily locate the property.
C.
Drainage area map(s) at a one inch equals two hundred feet minimum
scale showing existing, interim, and proposed topography, proposed
improvements, standards, symbols for proposed sediment control features,
and pertinent drainage information, including provisions to protect
downstream areas from erosion for a minimum of two hundred feet downstream
or to the next conveyance system.
D.
The location of natural resources, wetlands, floodplains, highly
erodible soils, slopes of fifteen percent or steeper, and any other
sensitive areas.
E.
A general description of the predominant soil types on the site,
as described by the appropriate soil survey information available
through the District or the USDA Natural Resources Soil Conservation
Service.
F.
Proposed stormwater management practices.
G.
A plan at scale indicating at least:
2.
The existing and proposed topography and improvements at a scale
between one inch equals ten feet and one inch equals fifty feet, with
two-foot contours or other approved contour interval. For projects
with more than minor grading, interim contours may be used.
6.
Erosion and sediment control provisions to minimize on-site
erosion and prevent off-site sedimentation, including:
(i)
The salvage and reuse of topsoil.
(ii)
Details of grading practices.
(iii)
Phased construction and implementation of grading
unit(s) to minimize disturbance, both in extent and duration.
(iv)
Location and type of all proposed sediment control
practices.
(v)
Design details and data for all erosion and sediment
control practices.
(vi)
Details of temporary and permanent stabilization
measures, including placement of the following statement on the plan:
"Following initial soil disturbance or redisturbance, permanent or
temporary stabilization shall be completed within three calendar days
to the surface of all perimeter dikes, swales, ditches, perimeter
slopes and all slopes greater than three horizontal to one vertical
and seven days as to all other disturbed or graded areas on the project
site." The requirements of this Subsection do not apply to those areas
which are shown on the plan and are currently being used for material
storage or for those areas on which actual construction activities
are currently being performed or to interior areas of a surface mine
site where the stabilization material would contaminate the recoverable
resource. Maintenance shall be performed as necessary to ensure that
the stabilized areas continuously meet the appropriate requirements
of the 2011 Maryland Standards and Specifications for Soil Erosion
and Sediment Control or any subsequent revisions.
7.
Sequence of construction describing the relationship between
the implementation and maintenance of controls, including permanent
and temporary stabilization and the various stages or phases of earth
disturbance and construction. Any changes or revisions to the sequence
of construction must be approved by the District prior to proceeding
with construction. The sequence of construction shall, at a minimum,
include a schedule and time frame for the following activities:
(i)
Request for pre-construction meeting with the inspection
agency.
(ii)
Clearing and grubbing for those areas necessary
for installation of perimeter controls.
(iii)
Construction of perimeter controls.
(iv)
Remaining clearing and grubbing.
(v)
Road grading.
(vi)
Grading for the remainder of the site.
(vii)
Utility installation and whether storm drains
will be used or blocked after construction.
(viii)
Construction of buildings, roads, and other
construction.
(ix)
Final grading, landscaping or stabilization.
(x)
Installation of stormwater management measures.
(xi)
Approval from the enforcement authority prior
to removal of controls.
(xii)
Removal of controls and stabilization of areas
disturbed by removal of controls.
8.
A statement placed on the plan indicating that the owner/developer
or representative shall request that the inspection agency approve
work completed in accordance with the approved erosion and sediment
control plan, grading or building permit, and this Subtitle, in the
following sequence at a minimum:
(i)
Prior to the start of earth disturbance.
(ii)
Upon completion of installation of perimeter erosion
and sediment controls but before proceeding with any other earth disturbance
or grading. Other building or grading inspection approvals may not
be authorized until this initial approval by the inspection agency
is made.
(iii)
Prior to the start of another phase of construction
or opening of another grading unit.
(iv)
Prior to the removal of sediment control practices.
9.
Certification by the owner or developer that any clearing, grading,
construction or development or all of these will be done pursuant
to this plan and that responsible personnel involved in the construction
project will have a certification of training at a Maryland Department
of the Environment approved training program for the control of sediment
and erosion before beginning the project. The certification of training
for responsible personnel requirement may be waived by the District
on any project involving four or fewer residential units. Additionally,
the owner/developer shall allow right of entry for periodic inspection
by the District, the inspection agency, and/or MDE.
10.
A statement placed on the plan indicating that
the permittee shall notify the inspection agency forty-eight hours
before commencing any land disturbing activity.
11.
Certification by a professional engineer, land
surveyor, landscape architect, or forester (for forest harvest operations
only) registered in the State that the plans have been designed in
accordance with erosion and sediment control laws, regulations, and
standards, if required by the District or the Administration.
12.
Any additional information or data deemed appropriate
by the District.
(c)
Modifications to erosion and sediment control plans. The District may revise approved plans as necessary. Modifications
may be requested by a permittee, the inspection agency, or the District
in accordance with COMAR 26.17.01.09(H) Plan Modifications, as from
time to time amended. The District may develop a list of minor modifications
that may be approved as field revisions by the inspection agency.
The Administration must approve any list of minor modifications prior
to its implementation.
(d)
Standard Erosion and Sediment Control Plan. The District may adopt a standard erosion and sediment control plan
for activities with minor earth disturbances, such as single-family
residences, small commercial and other similar building sites, minor
maintenance grading, and minor utility construction. A standard erosion
and sediment control plan must meet the requirements of this Subtitle
and the Standards and Specifications and the Maryland Department of
the Environment must review and approve a standard plan prior to its
adoption.
(a)
Permit requirements. Unless an activity
is exempt from the provisions of this Subtitle pursuant to the provisions
of § NR 1-204 hereof, the District must review and approve
an erosion and sediment control plan for the site prior to a grading
or building permit being issued by the inspection agency.
(b)
Permit expiration and renewal. The permit
shall expire two years from the date of issuance unless extended or
renewed by the District. Application for permit renewal shall be made
at least two months prior to the permit expiration date.
(c)
Permit fee. A permit fee schedule may
be established by the inspection agency and approved by the County
Commissioners for the administration and management of the erosion
and sediment control program. Capital improvement projects, refuse
disposal areas, sanitary landfills and public works projects shall
be exempt from the permit fee.
(d)
Permit suspension and revocation. The
inspection agency may suspend or revoke any permits after providing
written notification to the permittee based on any of the following
reasons:
(1)
Any violation of the terms or conditions of the approved erosion
and sediment control plan or permit.
(2)
Noncompliance with violation notices or stop-work orders issued.
(3)
Changes in site characteristics upon which plan approval issuance
was based.
(4)
Any violation of this Subtitle or any rules and regulations
adopted under it.
(e)
Permit conditions. In issuing a grading
or building permit, the District may impose such conditions that may
be deemed necessary to ensure compliance with the provisions of this
Subtitle or the preservation of the public health and safety.
When deemed necessary by the inspection agency, the developer
shall furnish a surety or cash bond, irrevocable letter of credit
or other means of security. The bond amount shall be equal to one
hundred twenty-five percent of the cost of the installation, maintenance,
and removal of the erosion and sediment controls shown on the approved
plan. All bonds shall be in accordance with the provisions regarding
bonding procedures found in § ZS 1-125 of the Zoning and
Subdivision Control Article.
(a)
Inspection frequency and reports.
(1)
The permittee shall maintain a copy of the approved erosion
and sediment control plan on the site.
(2)
Every active site having a designed erosion and sediment control
plan should be inspected for compliance with the plan.
[Amended 7-18-2017 by Bill No. 17-7]
(3)
Inspectors shall prepare written reports after every inspection.
The inspection report shall include the following:
A.
The date and location of the site inspection.
B.
Whether or not the approved plan has been properly implemented
and maintained.
C.
Any practice deficiencies or erosion and sediment control plan
deficiencies.
D.
If a violation exists, the type of enforcement action taken.
E.
A description of any modifications to the plan, if applicable.
(b)
Right of entry. It shall be a condition
of every permit that the inspection agency has the right to enter
the property periodically to inspect for compliance with this Subtitle.
(c)
Complaints. The inspection agency shall
receive complaints and initiate enforcement procedures when violations
are confirmed. Any complaint received shall be acted upon routinely
within three working days and the complainant shall be notified of
any action or proposed action routinely within seven days of receipt
of the complaint.
(a)
Notice. When the inspection agency or
an inspector determines that a violation of the approved erosion and
sediment control plan has occurred, the inspector shall notify the
on-site personnel or the permittee, in writing, of the violation and
describe the required corrective action and the time period in which
to have the violation corrected.
(b)
Stop-work order for violation. If the
violation persists after the date specified for corrective action
in the notice of violation, the inspection agency shall stop work
on the site. The inspection agency shall determine the extent to which
work is stopped, which may include all work on the site except that
work necessary to correct the violation.
(c)
Failure to correct. If reasonable efforts
to correct the violation are not undertaken by the permittee, the
inspection agency shall refer the violation for legal action.
(d)
Denial of permit. The inspection agency
may deny the issuance of any permits to an applicant when it determines
that the applicant is not in compliance with the provisions of the
permit or approved erosion and sediment control plan.
(e)
Enforcement. Any step in the enforcement
process may be taken at any time, depending upon the severity of the
violation, including the issuance of a corrective order, issuance
of a stop-work order, the extent of which is determined by the inspection
agency, the issuance of fines as allowed, or referral for legal action.
(f)
Stop-work order for no permit. If a person
is working without a permit, the inspection agency shall stop work
on the site except activity necessary to provide erosion and sediment
control.
If any portion, section, subsection, sentence, clause or phrase
of this Subtitle is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portion of this Subtitle,
it being the intent of the County Commissioners of Worcester County,
Maryland, that this Subtitle shall stand, notwithstanding the invalidity
of any portion, section, subsection, sentence, clause or phrase hereof.
(a)
Violations. Any person who violates any
provision of this Subtitle is guilty of a misdemeanor, and, upon conviction
in a court of competent jurisdiction, is subject to a fine not exceeding
$10,000.00 or imprisonment not exceeding one year, or both for each
violation, with costs imposed in the discretion of the court. Each
day upon which the violation occurs constitutes a separate violation.
(b)
Civil infractions. In addition, as an
alternative remedy, violations of the provisions of this Subtitle
or failure to comply with any of its requirements may, in minor cases
as determined by the inspection agency, constitute a civil infraction
and shall be subject to a fine of not more than $2,500.00.
(c)
Injunctions. Any agency whose approval
is required under this Subtitle or any interested person may seek
an injunction against any person who violates or threatens to violate
any provision of this Subtitle.
(d)
Liability to the County. In addition
to any other sanction under this Subtitle, a person who fails to install
or to maintain erosion and sediment controls in accordance with an
approved plan shall be liable to the County Commissioners of Worcester
County, Maryland, or the state in a civil action, for damages in an
amount equal to double the cost of installing or maintaining the controls.
(e)
Recovered damages. Any governing authority
that recovers damages in accordance with this Subtitle shall deposit
them in a special fund, to be used solely for the following:
