A.
When the enforcement agency or an inspector determines that a violation
of this chapter has occurred, the inspector shall notify the on-site
personnel or the permittee in writing of the violation, describe the
required corrective action and the time period in which to have the
violation corrected.
B.
If the violation persists after the date specified for corrective
action in the notice of violation, the enforcement agency shall stop
work on the site. The enforcement 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 enforcement agency shall refer the violation
for legal action.
D.
The Department 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 development services 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 Department and/or 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 chapter 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 chapter,
it being the intent of the County Commissioners that this chapter
shall stand, notwithstanding the invalidity of any portion, section,
subsection, sentence, clause, or phrase, hereof.
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 the maximum allowed by law or imprisonment
not exceeding the maximum allowed by law, or both, for each violation,
with costs imposed in the discretion of the court. Each day upon which
the violation occurs constitutes a separate offense.
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 Charles County or the state
in a civil action, for damages in an amount equal to double the cost
of installing or maintaining the controls and clean up of sediment
damage.
D.
Any governing authority that recovers damages in accordance with
this section shall deposit them in a special fund, to be used solely
for:
The following documents shall be incorporated by reference:
The revisions established in this chapter will apply to all
active issued projects as well as all unissued development services
permits and applications.
