For the purposes of this chapter, certain words shall have meaning assigned
to them as follows:
ADVERSE IMPACT
Any deleterious effect on water 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 and to biological
productivity, diversity or stability or unreasonably interfere with the enjoyment
of life or property, including outdoor recreation.
AGRICULTURAL LAND MANAGEMENT PRACTICES
Those methods and procedures used in the cultivation of land in order
to further crop and livestock production and conservation of related soil
and water resources. Logging and timber removal operations are not considered
a part of this definition.
APPLICANT
Any person who executes the necessary forms to procure official approval
of a project or a permit to carry out construction of a project.
CITY
The City of Taneytown, Maryland.
CLEAR
Any activity which removes the vegetative ground cover.
DEVELOPER
A person undertaking, or for whose benefit any or all of the activities
covered by this chapter are commenced or carried on. General contractors or
subcontractors, or both, without a proprietary interest in a project are not
included within this definition.
DRAINAGE AREA
That area contributing runoff to a single point measured in a horizontal
plane which is enclosed by a ridge line.
EROSION
The process by which the land surface is worn away by the action
of the wind, water, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN
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 specific requirements of the city and this chapter
and designed in accordance with the Maryland Standards and Specifications
for Soil Erosion and Sediment Control.
EXEMPTION
Those land development activities that are not subject to the erosion
and sediment control requirements contained in this chapter.
GRADE
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 of them.
INSPECTION AGENCY
The Department of the Environment or, if delegation of enforcement
authority is granted, the appropriate local inspection agency.
PERMITTEE
Any person to whom a building or grading permit has been issued.
PERSON
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 private corporation or any of their affiliates or any other entity.
RESPONSIBLE PERSONNEL
Any foreman, superintendent or project engineer who is in charge
of on-site clearing and grading operations or sediment control associated
with earth changes or disturbances.
SEDIMENT
Soils or other surface materials transported or deposited by the
action of wind, water, ice, gravity or artificial means.
SITE
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.
STABILIZATION
The prevention of soil movement by any of various vegetative and/or
structural means.
STANDARDS AND SPECIFICATIONS
The 1994 Maryland Standards and Specifications for Soil Erosion and
Sediment Control or any subsequent revisions.
VARIANCE
Modification of the criteria set forth in the standards and specifications.
WATERSHED
The total drainage area contributing runoff to a single point.
WETLANDS
Any area that has saturated soils or periodic high groundwater levels
and vegetation adapted to wet conditions and periodic flooding.
The city shall require the developer to furnish a surety or cash bond,
irrevocable letter of credit or other means of security acceptable to the
city in the amount of 110% of documented erosion and sediment control construction
costs.
Enforcement procedures shall be as follows:
A. 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, describe the required corrective action and state the time
period in which to have the violation corrected.
[Amended 8-9-1999 by Ord.
No. 8-99]
B. 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. If reasonable efforts to correct the violation are not
undertaken by the permittee, the inspection agency shall refer the violation
for legal action.
D. The city may deny the issuance of any permits to an applicant
when it determines that the applicant is not in compliance with the provisions
of a building or grading permit or approved erosion and sediment control plan.
E. Any step in the enforcement process may be taken at any
time, depending upon the severity of the violation.
F. 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.
[Added 12-8-1997 by Ord.
No. 5-97]
A. Any person who violates any provision of this chapter
is guilty of a misdemeanor and, upon conviction in a court of competent jurisdiction,
is subject to a fine not exceeding $1,000 or imprisonment not exceeding six
months, or both, for each violation, with costs imposed at the discretion
of the court. Each day upon which the violation occurs constitutes a separate
offense.
[Amended 8-9-1999 by Ord.
No. 8-99]
B. Any agency whose approval is required under this chapter
or any interested person may seek an injunction against any person who violates
or threatens to violate any provision of this chapter.
C. In addition to any other sanction under this chapter,
a person who fails to install or to maintain erosion and sediment controls
in accordance with an approved plan shall be liable to the City of Taneytown
or the state in a civil action for damages in an amount equal to double the
cost of installing or maintaining controls.
D. Any governing authority that recovers damages in accordance
with this section shall deposit them in a special fund, to be used solely
for correcting, to the extent possible, the failure to implement or maintain
erosion and sediment controls and for administration of the sediment control
program.