Town of St. Michaels, MD Inspections

The owner shall notify the enforcement authority:

At least 48 hours before commencing any work in conjunction with the stormwater management plan;

Upon completion of any element of the plan requiring inspection according to § 281-23A; and

Upon completion of the project when a final inspection will be conducted.

Regular inspections shall be made and documented for each ESD planning technique and practice at the stages of construction specified in the Stormwater Design Manual by the enforcement authority, its authorized representative, or certified by a professional engineer licensed in the State of Maryland. At a minimum, all ESD and other nonstructural practices shall be inspected upon completion of final grading, the establishment of permanent stabilization, and before issuance of use and occupancy approval.

Inspections in accord with § 281-23 shall be conducted by the enforcement authority at the cost of the owner.

The enforcement authority shall make written reports of all inspections to the Town. Written inspection reports shall include:

(1)

The date and location of the inspection;

(2)

Whether construction was in compliance with the approved stormwater management plan;

(3)

Any variations from the approved construction specifications; and

(4)

Any violations that exist.

When violations are reported, the enforcement authority shall notify the owner and on-site personnel in writing. Written notification shall describe the nature of the violation and the required corrective action. The failure to notify the owner of a violation shall not absolve the owner of responsibility for such violation.

For each practice listed below in this subsection, inspections shall be made and documented at the specified stages of construction. Additional inspections may be required as the enforcement authority deems necessary. For any practice, work shall not proceed to a new stage of construction until the enforcement authority has approved completion of the preceding stage of construction and have furnished the Town with the written inspection reports required by Subsection C of this section.

(1)

For surface ponds and subsurface chambers:

(a)

Upon completion of excavation to subfoundation and, when required, installation of structural supports or reinforcement for structures, including but not limited to:

[1]

Core trenches for structural embankments;

[2]

Inlet and outlet structures, antiseep collars or diaphragms, and watertight connectors on pipes; and

[3]

Trenches for enclosed storm drainage facilities.

(b)

During placement of structural fill, concrete, and installation of piping and catch basins;

(c)

During backfill of foundations and trenches;

(d)

During embankment construction; and

(e)

Upon completion of final grading and establishment of permanent stabilization.

(f)

For subsurface stormwater chambers or rain tanks, surveyed elevations of the stone foundation shall be taken at each corner and a minimum of two within the perimeter.

(2)

For wetlands:

(a)

At the stages specified for pond construction in Subsection A(1) of this section;

(b)

During and after wetland reservoir area planting; and

(c)

During the second growing season to verify a vegetation survival rate of at least 50%.

(3)

For infiltration trenches:

(a)

During excavation to subgrade;

(b)

During placement and backfill of under drain systems and observation wells;

(c)

During placement of geotextiles and all filter media;

(d)

During construction of appurtenant conveyance systems such as diversion structures, prefilters and filters, inlets, outlets, and flow distribution structures; and

(e)

Upon completion of final grading and establishment of permanent stabilization;

(4)

For infiltration basins:

(a)

At the stages specified for pond construction in Subsection A(1) of this section; and

(b)

During placement and backfill of under drain systems.

(5)

For filtering systems:

(a)

During excavation to subgrade;

(b)

During placement and backfill of under drain systems;

(c)

During placement of geotextiles and all filter media;

(d)

During construction of appurtenant conveyance systems such as flow diversion structures, prefilters and filters, inlets, outlets, orifices, and flow distribution structures; and

(e)

Upon completion of final grading and establishment of permanent stabilization.

(6)

For open channel systems:

(a)

During excavation to subgrade;

(b)

During placement and backfill of under drain systems for dry swales;

(c)

During installation of diaphragms, check dams, or weirs; and

(d)

Upon completion of final grading and establishment of permanent stabilization.

(7)

For nonstructural practices, including those on residential or commercial lots that are privately owned or are intended to be privately owned:

(a)

Upon completion of final grading;

(b)

Upon the establishment of permanent stabilization; and

(c)

Before issuance of use and occupancy approval.

The enforcement authority may for enforcement purposes use any one or a combination of the following actions:

(1)

Issuance of a notice of violation, specifying one or more violations of a stormwater management plan, and the nature of the correction(s) needed;

(2)

Issuance of a stop-work order for the site by the enforcement authority if a violation persists;

(3)

Withholding of the bonds or securities, or the initiation of legal action against such bonds or securities; or

(4)

In addition to any other sanctions, a civil action or criminal prosecution against any person in violation of the Maryland Code, Environment Article, Stormwater Management Subtitle, or this chapter.

Any step in the enforcement process may be taken at any time, depending on the severity of the violation.

Once all construction is complete, the owner shall cause an as-built plan and certification of completion to be submitted to the Town by either a professional engineer or professional land surveyor licensed in the state to ensure that constructed stormwater management practices and conveyance systems comply with the specifications contained in the approved plans. At a minimum, an as-built certification shall include a set of sealed drawings comparing the approved stormwater management plan with what was constructed. The enforcement authority may require additional information.

The enforcement authority shall submit notice of construction completion to the Administration (MDE) on a form supplied by the Administration (MDE) for each stormwater management practice within 45 days of construction completion. The type, number, total drainage area, and total impervious area treated by all ESD techniques and practices shall be reported to the Administration (MDE) on a site-by-site basis. If a stormwater management practice requiring SCD approval is constructed, upon completion thereof, a notice of construction completion shall be submitted to the appropriate SCD.