§ 48-17 — Implementation and enforcement procedures

§ 48-17. - Implementation and enforcement procedures.

(a) Issuance of permits. The Director shall issue a permit upon notice of a grading plan and an erosion and sediment control site plan on record. A permit may be issued subject to the following conditions: (1) the permittee shall maintain a copy of the permit, NPDES permit where required, approved plans and reports required under DEQ (GP-0005, Part II, B) on the work site and available for inspection during all working hours; and (2) the permittee shall, at all times, be in conformity with approved grading plan and erosion and sediment control plan. (b) Implementation of permits-permittee's duties. Unless this requirement is waived by the Director, the permittee shall notify the Manager within 72 hours of: (1) the beginning of the permitted activity; (2) readiness of the site for an interim inspection, including but not limited to the installation of all interim erosion control measures; (3) the completion of rough grading; (4) the completion of finished grading; (5) readiness of the site for final inspection, including, but not limited to, finished grading, installation of drainage devices and final erosion control measures. (c) Implementation of permits. (1) the Director shall review all reports submitted by permittee. The Director shall have the authority to require permittee to modify the grading plan, erosion and sediment control plan, control site plans, and maintenance methods and schedules. The Director shall notify the permittee in writing of the requirement and specify a reasonable period of time within which permittee must comply. All modifications of such reports shall be subject to the Director's approval. (2) the Director or representative may inspect the site at any of the following times under provision of DEQ (GP-005, Part V, N): (a) upon receipt of a report by permittee; (b) to verify completion of modifications required; (c) during and following any rainfall, or (d) at any other time, at the Director's discretion. (3) the Manager shall inspect the site upon completion of interim erosion control measures, pursuant to Section 57-161(k). (4) the Manager shall inspect the site upon completion of final erosion control measures, pursuant to Section 57-161(n). (5) finalizing permit: (a) where permanent improvements have been constructed, the permit shall be made final upon approval of the final inspection by the Manager. (b) where no improvements are planned, the permit will continue in duration for one calendar year beyond the approval of the final inspection by the Manager. (i) where no improvements are planned, the Manager shall visit the site during the maintenance period after final inspection. Such maintenance period shall be for a reasonable time established by the Manager. The Manager shall note deficiencies in the final erosion control measures and report same in writing to permittee and specify a reasonable period of time within which permittee must comply. (ii) after the maintenance period has elapsed, and the permittee has performed all maintenance as required by the Manager, the Manager shall finalize the permit and notify the permittee of the same in writing. (d) Suspension or revocation of permit. The Manager shall first have resorted to the procedures set forth in this subsection before any other enforcement procedure set forth in this article. (1) the Manager may suspend the permit and issue a stop work order, and permittee shall cease all work on the work site, except work necessary to remedy the cause of the suspension, upon notification of such suspension when: (a) the Manager determines that the permit was issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or the provisions of this article; (b) permittee fails to submit reports when required under this article; (c) inspections by the Manager under this article reveals that the work or the work site: (i) is not in compliance with the conditions set forth in this article; (ii) is not in conformity with the grading plan or erosion control plan as approved or as modified under this article; or (iii) is not in compliance with an order to modify this article. (2) if permittee fails or refuses to cease work, as required under this article, after suspension of the permit and receipt of a stop work order and notification thereof, the Manager may revoke the permit and issue a stop work order, and, if a stop work order is issued, the permittee shall cease work. (3) the Manager may reinstate a suspended permit upon permittee's correction of the cause of the suspension. (4) the Manager may not reinstate a revoked permit.

(Ord. No. 21320, § 1, 9-28-99)