The owner of any property containing a stormwater management
system, or any other person or agent in control of such property,
shall perform or cause to be performed preventive maintenance of all
completed ESD treatment practices and structural stormwater management
systems to ensure proper functioning.
Maintenance shall be ensured through inspection of the facilities
by the Department. The inspection shall occur during the first year
of operation and at least once every three years thereafter. After
each inspection, reports shall be prepared and shall include:
A.
The condition of items needing maintenance or repairs, such as principal
spillway, emergency spillway, embankment, reservoir area, outfall
channel, fences, vegetation, sediment load, dewatering or any other
items which could affect the proper functioning of the stormwater
management system.
B.
When the repairs are to be completed.
(1)
The date of inspection;
(2)
Name of inspector;
(3)
The condition of:
(a)
Vegetation or filter media;
(b)
Fences or other safety devices;
(c)
Spillways, valves, or other control structures;
(d)
Embankments, slopes, and safety benches;
(e)
Reservoir or treatment areas;
(f)
Inlet and outlet channels or structures;
(g)
Underground drainage;
(h)
Sediment and debris accumulation in storage and forebay areas;
(i)
Any nonstructural practices to the extent practicable; and
(j)
Any other item that could affect the proper function of the
stormwater management system.
If any maintenance required by this chapter is not done, the
person responsible shall be notified of the deficiency and a time
frame for repairs will be specified. A subsequent inspection will
be made to ensure completion of repairs. The required work shall be
performed within a given specified time. In the event of an immediate
danger to the public health or welfare of the community, nuisance
and/or safety, notice shall be given by the most expeditious means
and the hazard shall be eliminated immediately. In the event that
the person responsible fails to take corrective action, the Department
shall do the required work. The cost of such work by the Department
shall be paid to the County by the person who failed to take corrective
action and shall be a debt due to the County.
The County reserves the right of entry and the right to operate
and maintain all private stormwater management systems for which the
owners have failed to perform under the conditions of their stormwater
maintenance and inspection agreement and/or stormwater management
easement agreement. All costs incurred by the County for operation
and maintenance shall be charged to the owners of the facilities and
such costs shall constitute a lien against all property subject to
and benefitted by the original agreement. Such costs shall also be
personal obligations of the property owners at the time they are incurred,
and shall be assessed, levied, collected and enforced as County real
estate taxes are now, or may hereafter be, by law levied and collected,
and shall have the same priority rights, bear the same interest and
penalties, constitute a lien upon the real property so assessed and
in every respect be treated the same as County real estate taxes.
