Sediment and Erosion Control

1. Policy Justification: Due to the increase in construction permit filings, Baltimore County has instituted a new program authorizing the use of third party sediment and erosion control inspectors to reduce delays in the issuance of building permits, which is dependent on insuring controls are in place prior to the onset of construction, and to insure controls are properly maintained during construction.
2. Authority: Baltimore County Code, 2015 Section 3-2-1103, the Baltimore County Building Code (Baltimore County Council Bill 40-15) and the 2015 editions of the International Building Code, Section 110.4, and the International Residential Code, Section R109.2.
3. Notification: Prior to the issuance of a building permit, the permit applicant shall provide notice to the Chief Building Inspector which shall include the following. Results of inspections shall be submitted by fax or email within 24 hours of completion.
   1. Name of the owner and applicant
   2. Permit number
   3. Name of the qualified third party inspector or inspection firm
   4. Location of the permitted work to be inspected
4. Inspections: Inspections shall be in accordance with Maryland Standards and Specifications for Soil Erosion and Sediment Control in effect on the date of the filing of the application for the permit.
5. Inspection Fees: Fees for third party inspections shall be the responsibility of the permit holder. County permit fees may not be reduced because of the election to utilize an approved third party inspector.
6. Qualifications of Inspectors:
   1. Possession of a high school diploma or an appropriate equivalent, plus four years’ experience in building construction, construction inspection, or the review of grading and drainage studies. Additional education in engineering or a related field may be substituted on a year-for-year basis up to a maximum of two years for the required experience.
   2. Possession of a valid driver’s license equivalent to a noncommercial, class C Maryland driver’s license.
   3. Possession of a valid certification from the Maryland Department of the Environment, certifying completion of the Responsible Personnel Training for Erosion and Sediment Control course.
7. Financial Interest: Third party inspectors including inspection agencies shall have no financial interest in the project being inspected other than the fee for services hereunder.
8. Insurance and Hold Harmless Requirements: Each third party inspector must provide the building official with a valid insurance policy in an amount the building official determines is necessary to protect the public interest, but not less than $300,000 general liability insurance and $100,000 property damage insurance naming Baltimore County, Maryland as additional insured. If using subcontractors for any work performed pursuant to this policy, the third party inspector will be responsible for verifying subcontractor insurance and coverages. The third party inspector agrees to protect, defend, indemnify and hold the County and elected officials, officials, officers, employees, and agents free and harmless from and against any and all losses, penalties, injuries, liabilities, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of the performance of any work pursuant to this policy. Without limiting the generality of the foregoing, any and all such claims, etc., relating to personal injury, infringement of any patent, trademark, copyright or application for any thereofor of any other tangible or intangible personal or property right, or actual or alleged violation of any other tangible or intangible personal or property right, or actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court, shall be included in the indemnity hereunder. The third party inspector further agrees to investigate, handle, respond to, provide defense for and defend any such claims, etc., at their sole expense and agrees to bear all other costs and expenses related thereto, even if such claim is groundless, false or fraudulent.
9. Forms: All third party inspectors shall use the forms provided by the building official for reporting inspection results as amended from time to time.
10. Sanctions: The Building Official may suspend or revoke approval for the following reasons:
    1. Failure to enforce the applicable code
    2. Falsification of reports or inspections
    3. Late reports
    4. Lapse or revocation of required certifications, license or insurance
    5. Failure to comply with this policy

The training program elements are listed below.

1. Introduction to Sediment and Erosion Control
   1. History of Sediment Control in Baltimore County
   2. Overview of sediment control devices
   3. Examples of violations
   4. Permit process quick overview
   5. Responsibility of the inspector for stormwater management
2. Inspection Process
   1. Conducting a pre-construction meeting
   2. Initial inspection
   3. Routine inspections (every two weeks)
   4. Violations of the approved plans
   5. Plan expiration and recertification
   6. Changes to the approved plans (need Baltimore County approval, SCD)
   7. Continuing violations at a site
   8. Enforcement procedures
      1. Correction notice
      2. Stop work order
      3. Citation
      4. Permit and Bond revocation
      5. Close out of grading permits at the completion of the project/bond release
3. Reporting Inspection Activity
   1. Inspection reports
   2. Submission of reports to Baltimore County
4. NPDES and MDE Responsibilities

Title 1. Department of Environmental Protection and Resource Management, Subtitle 04: Excavating, Grading, Sediment Control and Forest Management, Chapter 01 Inspection and Enforcement.

Authority: Environmental Article §§4-103, Annotated Code of Maryland, COMAR Title 26.17.0 and Baltimore County Code §§33-5-101 through §§33-5-202.

1. Scope. The regulations in this chapter apply to all grading occurring within the County.
2. Grading Permits. A grading permit is required for:
   1. Any land disturbance unless exempt in §§33-5-104 or 33-5-201 of the Baltimore County Code
   2. Grading activities that disturb greater than 5,000 square feet or more than 100 cubic yards of fill material
   3. Grading activities that include any watercourses, floodplains, wetland areas, buffers, habitat protection areas or forest buffers
3. Temporary Stockpile Permits.
   1. Temporary stockpile permits may be issued, subject to all of the following conditions:
      1. The description of work on the permit application shall include “temporary stockpile” in its language
      2. The permit shall be issued for a period not to exceed one year
      3. No extensions beyond the expiration date will be approved
      4. Prior to expiration, the area shall be returned to original grade and permanently stabilized
   2. The temporary stockpile permit applications shall include all of the following:
      1. Sediment and Erosion Control Standard Plan for disturbed areas less than 20,000 square feet and 1,000 cubic yards of fill material
      2.  Location of proposed stockpile
      3. Calculation of disturbed area (square feet)
      4. Proposed sediment control measures
      5. Construction access
      6. Sediment Control Plan approved by the Department and District for disturbed area of 20,000 square feet and greater, or more than 1,000 cubic yards
4. Roads Only Development.
   1. “Roads Only Development” means a residential development for which a grading permit is approved for road and storm drain construction only and for which lot grading will be performed under an individual building or grading permit.
   2. A Roads Only Development shall meet all of the following requirements:
      1. Proposed houses are not served by metropolitan water or sewer
      2. Individual lot building or grading permit will not be approved until all conditions of the Roads Only Erosion and Sediment Control Plan and the Roads Only Grading Plan is satisfied
5. Sediment and Erosion Control Standard Plan.
   1. The Sediment and Erosion Control Standard Plan is a condition of building permit that may be utilized in accordance with its specific items for either: 
      1. A commercial, industrial, institutional or governmental development which disturbs an area not to exceed 20,000 square feet or 1,000 cubic yards of fill material
      2. An individual lot for a single-family residential development which disturbs an area not to exceed 30,000 square feet or 1,000 cubic yards of fill material
   2. The Department may require installation of sediment control measures required by the Standard Plan prior to building permit approval.
6. Impact on Adjacent Properties. The Department may require a grading plan for any residential, commercial, industrial, institutional or governmental development which disturbs an area of 5,000 square feet or greater if an inspection indicates field conditions that warrant that a grading plan is necessary to properly develop the lot.
7. Retaining Walls. Prior to permit approval, retaining wall within 10 feet of a property line is subject to site inspection and review by the Department.
8. Responsibility for Grading Violations. Grading violations on individual, residential lots shall be the responsibility of the permittee for one year after use and occupancy approval, provided the occupant/owner has not made grading or landscape changes causing such violation.
9. Pre-Construction Meetings.
   1. At the time of the issuance of a grading permit and prior to commencement of any construction, a preconstruction meeting shall be conducted in accordance with the sequence of operation specified on the approved Erosion and Sediment Control Plan.
   2. The required attendees at the pre-construction meeting shall be:
      1. The department inspectors
      2. The developer
      3. The developer’s sediment and erosion control representative (certified responsible personnel)
      4. The developer’s engineer, if stormwater management is required
10. Approval of Permits. The Department may withhold approval of permits pending installation of required sediment control measures.
11. Enforcement. The following enforcement measures may be imposed by the Department for violations of Article 33, Title 5 of the Baltimore County Code, prior to penalties specified in Section §§33-5-302 of the Code:
    1. Correction Notice: Describing nature of violations and specified time of correction without halting work on site
    2. Stop Work Order: Describing nature of violations directs all work on site to cease until violations is corrected and approved by the Department within specified time
    3. Illegal Continuance: Describing nature of violations on site of an issued Stop Work Order and work on site has not ceased.
12. Grading Securities. The Department may withhold release of grading securities if stormwater management facilities are not completed and approved by the Department.
13. Use and Occupancy Approval and Final Grading.
    1. All property improved with commercial buildings will be inspected for compliance with requirements of Baltimore County Code/grading plan. 
    2. All property improved with residential buildings, shall certify on a form approved by the Department, of the completion in accordance with Baltimore County Code/grading plan. Certification must be submitted to the Office of Building Inspection.
    3. All property improved with residential buildings within the Chesapeake Bay Critical Area, will be inspected for requirements as determined by Critical Area Law and Regulations.