26.17.02.10

.10 Construction Inspection and Enforcement.

A. Before Beginning Construction.

(1) All county and municipal ordinances shall require:

(a) Advance notification of the beginning of construction by the owner/developer;

(b) Documented regular inspections during construction of stormwater management systems;

(c) Certification by a professional engineer licensed in the State documenting that structural practices have been constructed according to approved plans; and

(d) Effective enforcement procedures to ensure compliance with approved stormwater management plans.

(2) The owner/developer shall notify the appropriate approving agency at least 48 hours before beginning any work in conjunction with stormwater management system construction.

(3) Inspections shall be conducted by county or municipal staff or certified by a professional engineer licensed in the State. The periodic inspections shall be documented and reports maintained by the county or municipality. Written reports shall be prepared for every inspection and include:

(a) The date and location of the inspection;

(b) Whether construction was in compliance with the approved stormwater management plan;

(c) Any variations from the approved construction specifications; and

(d) Any violations that exist.

(4) The owner/developer and on-site personnel shall be notified in writing when violations are observed. Written notification shall describe the nature of the violation and the required corrective action.

(5) Work may not proceed until the work previously completed is approved by the appropriate inspection authority.

B. Regular inspections shall be made and documented for each ESD planning technique and practice at the stages of construction specified in the Design Manual. At a minimum, all ESD and other nonstructural practices shall be inspected upon completion of final grading, the establishment of permanent stabilization, and before issuance of use and occupancy approval.

C. At a minimum, regular inspections shall be made and documented at the following specified stages of construction:

(1) For ponds:

(a) Upon completion of excavation to sub-foundation and, when required, installation of structural supports or reinforcement for structures, including but not limited to:

(i) Core trenches for structural embankments,

(ii) Inlet and outlet structures, anti-seep collars or diaphragms, and watertight connectors on pipes, and

(iii) Trenches for enclosed storm drainage facilities;

(b) During placement of structural fill, concrete, and installation of piping and catch basins;

(c) During backfill of foundations and trenches;

(d) During embankment construction; and

(e) Upon completion of final grading and establishment of permanent stabilization;

(2) Wetlands—at the stages specified for pond construction in §B(1) of this regulation, during and after wetland reservoir area planting, and during the second growing season to verify a vegetation survival rate of at least 50 percent;

(3) For infiltration trenches:

(a) During excavation to subgrade;

(b) During placement and backfill of under drain systems and observation wells;

(c) During placement of geotextiles and all filter media;

(d) During construction of appurtenant conveyance systems such as diversion structures, pre-filters and filters, inlets, outlets, orifices, and flow distribution structures; and

(e) Upon completion of final grading and establishment of permanent stabilization;

(4) For infiltration basins—at the stages specified for pond construction in §B(1) of this regulation and during placement and backfill of under drain systems;

(5) For filtering systems:

(a) During excavation to subgrade;

(b) During placement and backfill of under drain systems;

(c) During placement of geotextiles and all filter media;

(d) During construction of appurtenant conveyance systems such as flow diversion structures, pre-filters and filters, inlets, outlets, orifices, and flow distribution structures; and

(e) Upon completion of final grading and establishment of permanent stabilization; and

(6) For open channel systems:

(a) During excavation to subgrade;

(b) During placement and backfill of under drain systems for dry swales;

(c) During installation or diaphragms, check dams, or weirs; and

(d) Upon completion of final grading and establishment of permanent stabilization.

D. The county or municipality responsible for inspection and enforcement of approved stormwater management plans may, for enforcement purposes, use any one or a combination of the following actions:

(1) A notice of violation shall be issued specifying the need for the violation to be corrected if stormwater management plan noncompliance is identified;

(2) A stop work order shall be issued for the site by the county or municipality if a violation persists;

(3) Bonds or securities may be withheld or the case may be referred for legal action if reasonable efforts to correct the violation have not been undertaken; or

(4) In addition to any other sanctions, a civil action or criminal prosecution may be brought against any person in violation of the Stormwater Management Subtitle or this chapter.

E. Any step in the enforcement process may be taken at any time, depending on the severity of the violation.

F. Once construction is complete, as-built plan certification shall be submitted by either a professional engineer or professional land surveyor licensed in the State to ensure that ESD planning techniques, treatment practices, and structural stormwater management measures and conveyance systems comply with the specifications contained in approved plans. At a minimum, as-built certification shall include a set of drawings comparing the approved stormwater management plan with what was constructed. Other information shall be submitted as required by the approving agency.

G. Each county or municipality shall submit notice of construction completion to the Administration on a form supplied by the Administration for each stormwater management practice within 45 days of construction completion. If BMPs requiring soil conservation district approval are constructed, notice of construction completion shall also be submitted to the appropriate soil conservation district.