The administration is responsible for the inspection and enforcement of all land-disturbing activities, including those sites requiring an erosion and sediment control plan as specified by this chapter. This enforcement authority may be delegated to Cecil County through a request by Cecil County or required as a condition of a National Pollutant Discharge Elimination System (NDPES) municipal separate storm sewer system permit.
A. 
The owner/developer shall maintain a copy of the approved erosion and sediment control plan on site.
B. 
Every active site having a designed erosion and sediment control plan should be inspected for compliance with the plan, by the appropriate inspection agency, on average once every two weeks.
C. 
A written report shall be prepared by the inspection agency after every inspection. The report shall describe:
(1) 
The date and location of the site inspection;
(2) 
Whether the approved plan has been properly implemented and maintained;
(3) 
Practice deficiencies or erosion and sediment control plan deficiencies;
(4) 
If a violation exists, the type of enforcement action taken; and
(5) 
If applicable, a description of any modifications to the plan.
D. 
In the event that work performed does not conform to the terms or conditions of the approved erosion and sediment control plan, the grading permit, the standards and specifications or to any written instructions of the inspection agency or the Cecil County Department of Public Works, the on-site personnel or the owner/developer shall be notified in writing when violations are observed, describing:
(1) 
The nature of the violation;
(2) 
The required corrective action; and
(3) 
The time period in which to have the violation corrected. Corrective actions must be initiated within three business days and completed within five business days of the notification issuance.
E. 
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 be made which violates any of these regulations.
A. 
It shall be a condition of every grading or building permit that the inspection agency and the Department of Public Works have the right to enter property periodically to inspect for compliance with the approved plan and this chapter.
B. 
Unreasonable delays in allowing the inspection agency or 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 inspection agency or 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 his/her representative(s) must:
(1) 
Allow the inspection agency and 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 inspection agency or 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 inspection agency or the Department of Public Works. The costs of clearing such access shall be borne by the owner.
C. 
Search warrants. If the inspection agency or 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 inspection agency or the Department of Public Works may seek issuance of a search warrant from any court of competent jurisdiction.
D. 
Site safety. The contractor must, on a daily basis, evaluate potential work hazards and the appropriate safety measures necessary to insure 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.
E. 
The Federal Occupational Safety and Health Act of 1970 (OSHA) and the Maryland Occupational Safety and Health Act of 1973 (MOSHA) provide job safety and health protection for workers through the promotion of safe and healthful working conditions throughout the workplace.
(1) 
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.
(2) 
In the case that these requirements are conflicting, the one which offers the greatest protection shall be followed.
The inspection agency shall accept and investigate complaints regarding erosion and sediment control concerns from any interested parties and:
A. 
Conduct an initial investigation within three working days from receipt of the complaint;
B. 
Notify the complainant of the initial investigation and findings within seven days from receipt of the complaint; and
C. 
Take appropriate action when violations are discovered during the course of the complaint investigation.