§ 33-4-109. CONSTRUCTION INSPECTION.

(a)

Department to enforce.

(1)

The Department has primary responsibility for the enforcement of construction requirements related to stormwater management devices and practices.

(2)

The Department of Public Works and the County Soil Conservation District shall assist the Department.

(b)

Required notification. The permittee shall notify the Department at least 48 hours before beginning construction on the stormwater management devices and practices.

(c)

Periodic inspections. The Department may make periodic inspections during the course of construction activities.

(d)

Correction notice and stop work orders.

(1)

If the construction is not being accomplished in accordance with the approved final stormwater management plan and permit, the Department shall, in a timely manner, notify the permittee, owner, or a responsible person at the job site.

(2)

The notification shall be in the form of a written correction notice or stop work order from the Department stating:

(i)

The violations; and

(ii)

The time within which the permittee, owner, or responsible person shall make the necessary corrections.

(3)

Failure to comply with any correction notice or stop work order within the time specified in the correction notice or stop work order constitutes a violation of this title and may result in the forfeiture of the security or an enforcement action under § 33-4-115 of this title.

(e)

Inspections and certifications. The permittee shall provide inspections and certifications by a Maryland registered professional engineer, a Maryland registered land surveyor, or a Maryland registered landscape architect, as described in § 33-4-107(e)(5)(xviii) of this title covering the following stages of construction:

(1)

Ponds.

(i)

Upon completion of excavation to sub-foundation and, when required, installation of structural supports or reinforcement for structures, including:

1.

Core trenches and impervious cores;

2.

Inlet and outlet structures, anti-seep collars or diaphragms, and watertight pipe connections; and

3.

Trenches for enclosed facilities, concrete, and pipe culverts;

(ii)

During placement of structural fill;

(iii)

During backfilling of foundations and trenches;

(iv)

During embankment construction; and

(v)

Upon completion of final grading and establishment of permanent stabilization.

(2)

Wetland systems.

(i)

At the stages specified for ponds in paragraph (1) of this subsection;

(ii)

Upon completion of nontidal wetland planting; and

(iii)

At the end of the planting warranty period.

(3)

Infiltration systems.

(i)

During excavation to subgrade and permeability testing;

(ii)

During placement and backfill of underdrain and observation wells;

(iii)

During placement of geotextiles and all filter media;

(iv)

During construction of appurtenant conveyance and pre-treatment systems; and

(v)

Upon completion of final grading and establishment of permanent stabilization.

(4)

Filtering systems.

(i)

During excavation to subgrade;

(ii)

During placement and backfill of underdrain systems;

(iii)

During placement of geotextiles and all filter media;

(iv)

During construction of appurtenant conveyance and pre-treatment systems; and

(v)

Upon completion of final grading and establishment of permanent stabilization.

(5)

Open channel systems.

(i)

During excavation to subgrade;

(ii)

During placement and backfill of underdrain systems for dry swales;

(iii)

During installation of diaphragms, check dams, or weirs; and

(iv)

Upon completion of final grading and establishment of permanent stabilization.

(6)

ESD and other nonstructural practices.

(i)

At stages of construction specified in the Design Manual;

(ii)

Upon completion of final grading and establishment of permanent stabilization; and

(iii)

At the end of the planting warranty period.

(f)

Contents of reports.

(1)

The certifying professional shall prepare written reports for each inspection and shall submit the reports to the Department with as-built plans.

(2)

Inspection reports shall include:

(i)

The date and location of inspection;

(ii)

Variations from approved construction specifications and plans; and

(iii)

Documentation of known violations.

(g)

Copy of plan on job site. The permittee shall maintain a copy of the approved final stormwater management plan on the job site at all times.

(h)

Final approval.

(1)

Final approval of the stormwater management devices, practices, or both by the county and the County Soil Conservation District is subject to a final inspection of the stormwater management devices and practices and the submittal and approval, within 30 days after completion, of an as-built plan prepared by a Maryland registered professional engineer, a Maryland registered land surveyor, or a Maryland registered landscape architect, as described in § 33-4-107(e)(5)(xviii) of this title.

(2)

With the as-built plan, the permittee shall submit a completed construction completion form for each stormwater management device, practice, or both.

(i)

Notification to administration.

(1)

The Department shall submit notice of construction completion to the administration on a form supplied by the administration for each stormwater management practice within 45 days after construction completion.

(2)

If BMPs requiring Soil Conservation District approval are constructed, notice of construction shall also be submitted to the Soil Conservation District.

(1988 Code, § 14-158) (Bill No. 53-01, § 1, 7-2-2001; Bill No. 94-02, § 2, 7-1-2004; Bill No. 25-10, § 1, 6-1-2010)

Editor's note:
  Section 3 of Bill No. 25-10 provides that the legislation is retroactive to May 4, 2010.