A. 
The Department of Public Works shall be permitted to enter and inspect sites subject to regulation under this chapter as often as may be deemed necessary by the Department to determine compliance with this chapter. Unreasonable delays in allowing the Department of Public Works access to a site regulated under this chapter are a violation of this chapter. A person who is the operator of a site regulated under this chapter commits an offense if the person denies the Department of Public Works reasonable access to the site for the purpose of conducting any activity authorized or required by this chapter. The owner/developer or its representative(s) must:
(1) 
Allow the Department of Public Works ready access to all parts of the premises for the purposes of inspecting, sampling, monitoring and the performance of any additional duties necessary to complete activities authorized under this chapter;
(2) 
Promptly remove, at the written or oral request of the Department of Public Works, any temporary or permanent obstruction that prohibits safe and easy access to the site. The obstruction shall not be replaced unless authorized by the Department. The costs of clearing such access shall be borne by the owner.
B. 
Search warrants. If the Department of Public Works has been refused access to any part of a site which is regulated or believed to be regulated under this chapter, and the Department of Public Works is able to demonstrate probable cause to believe that there may be a violation of this chapter or that there is a need to inspect as part of a routine inspection and monitoring program designed to verify compliance with this chapter, or to protect the overall public health, safety, and welfare of the community, then the Department of Public Works may seek issuance of a search warrant from any court of competent jurisdiction.
C. 
Site safety.
(1) 
The contractor must, on a daily basis, evaluate potential work hazards and the appropriate safety measures necessary to ensure the safe performance of all work regardless of schedule or cost implications. All appropriate measures must be taken to ensure the safety of contractor employees, County personnel, and the public.
(2) 
The Federal Occupational Safety and Health Act of 1970 (OSHA) and the Maryland Occupational Safety and Health Act of 1973 (MOSHA)[1] provide job safety and health protection for workers through the promotion of safe and healthful working conditions throughout the workplace. All work performed shall be consistent with the following guidelines and references and in compliance with all applicable local, state, and federal regulations and standards, including, but not limited to:
(a) 
Occupational Safety and Health Administration (OSHA) Construction Industry Standards, 29 CFR 1926, and General Industry Standards, 29 CFR 1910.
(b) 
National Fire Protection Association (NFPA) 327.
[1]
Editor's Note: See Labor and Employment Article, Title 5, § 5-101 et seq., Annotated Code of Maryland.
(3) 
In the case that these requirements are conflicting, the one which offers the greatest protection shall be followed.
A. 
The developer shall notify the Department of Public Works 48 hours prior to commencing any work in conjunction with the site development and the stormwater management plan. Work may not begin at a site regulated under this chapter until a preconstruction meeting is held with or waived by the Department of Public Works. The Department of Public Works must also be contacted upon completion of the project to request a final inspection of the project/site.
B. 
Routine inspections shall be conducted and documented by the Department of Public Works or its authorized representative. Inspection reports shall be made of the periodic inspections necessary during construction of stormwater management systems to ensure compliance with the approved plans. If the Department of Public Works observes that the materials and/or methods of construction of the stormwater management measures is not in accordance with the approved plan, enforcement actions shall be pursued in accordance with § 325-28A.
C. 
Inspections shall be conducted and documented by the owner's/developer's geotechnical engineer or authorized representative to ensure that construction of all stormwater management measures is in accordance with the approved plans. The individual(s) responsible for verification of the construction methods and materials and the individual(s) responsible for submission of the stormwater management as-built plan must be identified and present at the site preconstruction meeting. Written inspection reports shall be submitted to the Department of Public Works by the developer's geotechnical engineer or authorized representative on a weekly basis and following each inspection stage specified in Subsection A during construction of stormwater management systems to ensure compliance with the approved plans.
D. 
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.
E. 
The owner/developer and on-site personnel shall be notified in writing by the owner's/developer's geotechnical engineer or authorized representative when violations are observed. Written notification shall describe the nature of the violation(s) and the corrective actions required.
F. 
The owner/developer and on-site personnel shall be issued a notice of violation by the Department of Public Works when violations are observed. The notice of violation shall describe the nature of the violation(s) and the corrective action(s) required.
G. 
The owner/developer or authorized representative must contact the Department of Public Works to request an inspection following completion of all required remedial repairs contained in the notice of violation.
H. 
No additional site work shall proceed until the Department of Public Works inspects and approves the remedial repairs contained in the notice of violation. The Department of Public Works shall furnish the owner/developer and on-site personnel with the results of the inspection as soon as possible after completion of the inspection.
I. 
Under no circumstance whatsoever shall verbal permission, given at any time by any person, be considered as a justification for any work to be accomplished or any deviation from approved plans to be made which violates any of these regulations.
A. 
The developer shall engage the services of a professional engineer, a professional geotechnical engineer licensed in the State of Maryland or a qualified soil scientist to be present on the site and prepare reports of findings at the following specified stages of construction. Failure of the developer, engineer, geotechnical engineer or their authorized representative to notify the Department of Public Works inspector when "specified stages" of construction will occur and failure to have a qualified representative present during the construction of these "specified stages" may result in the County requiring reconstruction of the facility and/or additional testing. The stormwater management measures below must be inspected by an authorized representative of the developer at the following "specified stages":
(1) 
For ponds:
(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, anti-seep 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.
(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 underdrain 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 underdrain systems.
(5) 
For filtering systems:
(a) 
During excavation to subgrade;
(b) 
During placement and backfill of underdrain 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 underdrain 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:
(a) 
During excavation to subgrade (if applicable);
(b) 
During placement of backfill of underdrain systems (if applicable);
(c) 
During placement of geotextiles and all filter media (if applicable);
(d) 
During construction of appurtenant inlet and outlet conveyance systems (if applicable);
(e) 
Upon completion of final grading and establishment of permanent stabilization (if applicable) (except as provided for in Chapter 312, Soil Erosion and Sediment Control, of the Code of Cecil County regarding letters of intent applicable to final seeding during non-growing seasons); and
(f) 
Prior to issuance of certificate of use and occupancy approval (if applicable).
B. 
Once construction is complete, as-built plan certification shall be submitted by either a professional engineer or professional land surveyor licensed in the State of Maryland, except as limited by § 325-15A of this chapter, to ensure that constructed stormwater management practices, conveyance systems, site grading and landscape plantings (if applicable) comply with the specifications contained in the approved plans. At a minimum, as-built certification shall include a set of drawings comparing the approved stormwater management plan with what was constructed. The as-built plan certification shall be accompanied by the geotechnical certification required in § 325-14C(2)(t)(1). The Department of Public Works may require additional information to assure compliance with the approved plans. For individual residential lot construction, the as-built certification shall also be submitted by either a professional engineer or professional land surveyor licensed in the State of Maryland, prior to approval of the certificate of occupancy. For stormwater management landscape plans, the as-built certification shall be submitted by a registered landscape architect, engineer, or land surveyor licensed in the State of Maryland.
C. 
The Department of Public Works shall a submit notice of construction completion form to the Administration on a form supplied by the Administration 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 on a site-by-site basis. If stormwater management BMPs requiring SCD approval are constructed, a notice of construction completion shall also be submitted to the Cecil Soil Conservation District.