§ 3.406. Enforcement.

(a)

Enforcement Authority. The County shall, through the authority of this subtitle and COMAR 26.17.01 and 26.08.01.01b(20), use enforcement actions when violations of this subtitle occur. Any step in the enforcement process may be taken at any time, depending upon the severity of the violation.

(b)

Right of Entry. The County may enter upon property to ensure compliance with this subtitle. If a permit is revoked, the County may enter the property and perform work in order to stabilize the soil within the construction areas, to construct sediment control measures on the perimeter of the site to control mud and silt, or to provide positive drainage patterns.

(c)

Corrective Action Order. When the County determines that a violation of this subtitle has occurred, the County 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 the violation must be corrected.

(d)

Stop-Work Order. If a person clears or grades land without a grading permit, the County shall issue a stop-work order banning any or all construction activity on the site except temporary sediment control measures specified by the County. If a person clears or grades land in violation of this subtitle, the County may issue a stop-work order banning any or all construction activity on the site except temporary sediment control measures specified by the County, until the violation is corrected.

(e)

Civil Citation. When the County identifies a violation of this subtitle, the County may issue a citation to the owner/developer or the permittee, or both, assessing civil penalties in accordance with section 3.407 of this subtitle. The contents and enforcement of the citation shall be governed by title 24 of this Code.

(f)

Injunctive Relief. Any agency whose approval is required under this subtitle or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this subtitle.

(g)

Other Legal Action. The County may take any of the enforcement actions authorized by this subtitle regardless of whether any other enforcement action has been taken for a violation and may take other legal action including, without limitation, referral for criminal enforcement or a civil action for damages to recover double the amount of costs incurred by the County for actions taken to abate a violation. The County shall use any damages recovered under this section solely for the County's erosion and sediment control program, including correcting failures to implement or maintain sediment and erosion controls.

(C.B. 3, 2013, § 1.1)